The Trump administration has appealed a federal judge’s denial of its challenge to New York’s congestion pricing program, reviving its attempt to end a program mean to cut traffic in Manhattan.
New York sued the administration over the fate of the tolling program last year after U.S. Transportation Secretary Sean Duffy purported to end the program, arguing state officials had exceeded their authority and were barred from tolling all crossings into Manhattan south of 60th Street.
“Once again, working-class Americans are being sidelined under Democrats’ policies, which impose a massive tax on every New Yorker,” the department said in an unsigned statement. “These Green New Scam policies have made federally funded roads inaccessible to commuters without providing a toll-free alternative. The Trump Administration will not stop fighting to make everyday life more affordable for American families.”
New York’s congestion pricing program charges $9 tolls for entries into New York’s central business district in a bid to reduce traffic and deliver $15 billion to the Metropolitan Transportation Association’s capital budget.
A Regional Plan Association study released last June found congestion pricing had cut traffic within the tolling district and outlying regions, and New York Gov. Kathy Hochul (D) in January said the program generated more than $550 million in net revenue in its first year, putting it on track to hit the Metropolitan Transportation Authority’s targets.
“Congestion pricing is working — fewer cars, less pollution, faster commutes. Secretary Duffy has already lost in court, and if he wants to see us there again, let’s go,” MTA policy and external relations chief John McCarthy said.
U.S. District Court Judge Lewis Liman in March ruled Duffy and the department had acted arbitrarily and capriciously in moving to unilaterally end congestion pricing.
He ruled the administration could not end the value pricing pilot program agreement that permitted New York to enact congestion pricing except under the terms of that agreement. Duffy’s attempt to void that deal were unlawful, the court said.
New Jersey has also sued to stop congestion pricing, arguing in briefs filed under former Gov. Phil Murphy that some federal approvals granted to the program were improper. Earlier versions of the suit, first filed in 2023, argued New Jersey would face increased traffic and pollution as a result of the program.
There are indications New Jersey is looking for a more amicable resolution to the state suit under Gov. Mikie Sherrill.
Attorneys for New York and New Jersey held a settlement conference on April 24, and a federal judge last week agreed to pause the action until June 10 so the two sides could continue negotiations, with the first update on talks due May 13.
Spokespeople for Sherrill declined to comment on the federal government’s appeal or the status of the state suit.
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