NEW YORK \u2014 The Trump administration signaled a renewed effort to end New York\u2019s congestion pricing program Friday, filing an intent to appeal a March decision in Manhattan Federal Court that found federal efforts to curb the program were \u201can abuse of discretion.\u201d<\/p>\n
The two-page memo, filed midday Friday by attorneys with Trump\u2019s Department of Justice, provided no information aside from an intent to appeal the case to the 2nd Circuit.<\/p>\n
\u201cAll Defendants hereby appeal to the United States Court of Appeals for the Second Circuit from this Court\u2019s Final Judgment,\u201d the attorneys wrote. As of midday Friday, no appeal was yet on file.<\/p>\n
In his March decision, Federal Judge Lewis Liman of the Southern District of New York wrote that U.S. Secretary of Transportation Sean Duffy\u2019s actions were \u201carbitrary and capricious, an abuse of discretion, and not in accordance with law\u201d when he claimed to have withdrawn the federal government\u2019s approval for New York\u2019s congestion tolling program in the early weeks of Trump\u2019s presidency.<\/p>\n
\u201cAn unelected administrative agency may not make decisions affecting large segments of the public based on what comes to mind at the moment,\u201d Liman wrote in March. \u201cIt must engage in reasoned decision making.\u201d<\/p>\n
The ruling was a win for the MTA, which under state law administers the toll and uses the proceeds to back a $15 billion bond issuance for major capital projects.<\/p>\n
The congestion toll, which is set at $9 once a day for ordinary cars, applies to drivers entering Manhattan\u2019s local streets at or below 60th Street, and is discounted for drivers who already paid at any of the tolled river crossings into the congestion zone.<\/p>\n
MTA\u2019s chief of policy and external relations, John McCarthy, said Friday he was confident the MTA would win again on appeal.<\/p>\n
\u201cCongestion pricing is working \u2013 fewer cars, less pollution, faster commutes,\u201d McCarthy said in a statement. \u201cSecretary Duffy has already lost in court and if he wants to see us there again, let\u2019s go.\u201d<\/p>\n
The transit agency sued Duffy in February, after the secretary said the toll \u2014 which had been subject to a multiyear review under the Biden administration \u2014 was no longer approved.<\/p>\n
\u201cI have concluded that the scope of this pilot project as approved exceeds the authority authorized by Congress,\u201d Duffy wrote at the time.<\/p>\n
Following Liman\u2019s ruling in March, a USDOT spokesperson called the toll part of the \u201cGreen New Scam\u201d making \u201cfederally funded roads inaccessible to commuters without providing a toll-free alternative.\u201d<\/p>\n
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