Round 2!
President Trump’s administration isn’t giving up its fight against congestion pricing.
US Transportation Secretary Sean Duffy on Friday filed a notice that he plans to appeal a federal judge’s decision that paved the way for the controversial tolling scheme to proceed.
Transportation Secretary Sean Duffy filed a notice of appeal months after a judge ruled against his efforts to kill the congestion toll. Getty ImagesManhattan federal Judge Lewis Liman in March put the kibosh on Duffy’s previous efforts to end the toll, which charges drivers below 60th Street.
The appeal would aim to overturn that March 3 decision.
The Metropolitan Transportation Authority in February 2025 — a month after it implemented the new fee — sued Duffy for pulling federal authorization for the program that came under the Biden administration.
Liman ruled that Duffy’s moves to end the toll, including with threats to pull federal funding unless Gov. Kathy Hochul complied, were illegal.
“The Secretary’s actions were arbitrary and capricious, an abuse of discretion, and not in accordance with law,” the ruling read. “Plaintiffs are thereby relieved of the obligation to cease tolling operations.”
A federal judge ruled in March that the Trump administration’s effort to end New York’s congestion pricing scheme was “unlawful.” Robert Miller
The $9 tolls have been in effect since January 2025 for drivers in Manhattan below 60th Street, and will rise to $15 by 2031. Jared Larson / NY Post DesignBut Liman didn’t bar future efforts to kill the program. His ruling of declaratory judgment, rather than a simple dismissal, means that Duffy and the feds will have a narrower set of arguments on appeal.
A spokesperson for Trump’s Department of Transportation argued that “working-class Americans” have been effectively handcuffed by congestion pricing.
“These Green New Scam policies have made federally funded roads inaccessible to commuters without providing a toll-free alternative,” the DOT rep said.
“The Trump Administration will not stop fighting to make everyday life more affordable for American families.”
Hochul’s office brushed aside the latest legal action.
“Appealing congestion pricing once again is just a waste of everyone’s time. Sean Duffy can keep trying, but traffic will stay down, business will stay up, and the cameras will stay on,” a spokesperson for the governor said.
The $9 tolls have been in effect since January 2025 for drivers in Manhattan below 60th Street, and will rise to $15 by 2031.
