Feds to Appeal Congestion Pricing Ruling
- Sean Duffy’s Transportation Department told the Second Circuit on May 1 it will appeal Judge Lewis Liman’s March ruling preserving New York City congestion pricing. - The notice targets Liman’s March 3 opinion and March 5 final judgment; the toll still charges most drivers $9 to enter Manhattan below 60th Street. - The appeal reopens a fight over a program New York says already cut traffic 11% and unlocked $15 billion for transit.
The fight over New York City congestion pricing is back in court. On Friday, May 1, the Trump administration filed a notice saying it will appeal the federal ruling that blocked its attempt to shut the toll down. That matters because the program is no longer a theory or a pilot — it has already been running for more than a year, charging drivers to enter Manhattan’s core and sending money to the MTA for transit upgrades. Now the question is whether Washington can still unwind it after a judge said no. ### What happened Friday? Transportation Secretary Sean Duffy, through the Justice Department, filed a notice of appeal in the MTA’s lawsuit against the federal government. The filing sends the case to the U.S. Court of Appeals for the Second Circuit and asks that court to review Judge Lewis Liman’s March 3, 2026 decision and the final judgment entered March 5. (amny.com) ### What did Liman rule in March? Liman said the administration could not simply revoke the federal approval that let New York launch congestion pricing in the first place. His ruling left in place an earlier injunction and cleared the way for the tolling program to keep operating while the broader legal fight played out. In plain English — the judge treated the federal government’s attempted shutdown as unlawful, not just a policy disagreement. (nysd.uscourts.gov) ### What is the toll, exactly? This is the Central Business District tolling program — New York’s charge for vehicles entering Manhattan south of 60th Street, with some roadway carveouts. The program began on January 5, 2025. For a passenger vehicle with E‑ZPass, the peak base toll is $9, which is the number most people mean when they talk about congestion pricing in New York. (nyc.gov) ### Why does Washington want it gone? The administration’s argument has been that the federal government had the power to withdraw its prior approval and force New York to stop collecting the toll. Friday’s filing does not spell out the full appeal brief yet, but it shows the administration is not dropping that theory even after losing in distr(nyc.gov)s already lawfully in motion. (amny.com) ### Why is New York so dug in? Because the toll is not just about traffic. It is also a funding stream for the MTA’s capital plan — the long list of expensive projects that keep subways, buses, and commuter rail from falling apart. The MTA says congestion pricing has already unlocked $15 billion for upgrades, including signals, accessibility work, new railcars and the Second Avenue Subway expansion. (governor.ny.gov) ### Has the program actually worked? By New York’s own one-year report, yes — at least on the metrics supporters care about most. State and MTA officials said the first year brought 27 million fewer vehicles into the zone, an 11% drop in traffic, faster crossings, higher transit ridership, and lower pollut(governor.ny.gov)a threat to a policy it thinks is already proving itself. (governor.ny.gov) ### What happens next? The Second Circuit will decide whether Liman got the law right. The appeal itself does not shut the toll off, so drivers should not read Friday’s filing as an immediate change. The practical effect for now is continuity — congestion pricing stays on while the legal battle moves up a level. (amny.com) ### Bottom line This is no longer a fight over whether congestion pricing can start. It started on January 5, 2025, and New York has built money, politics, and transit plans around it. The appeal is about whether the federal government can still pull the plug after the system is already up and running. (nyc.gov)
