The Trump administration and the Department of Transportation are appealing Judge Lewis Liman’s March decision that blocked efforts to terminate New York City’s congestion pricing toll, arguing the federal actions to derail the program were unlawful.

Secretary of Transportation Sean Duffy filed a notice to appeal, with the Second Circuit appeal not filed by midday, and the government contends federal attempts to end the toll were arbitrary, capricious, and an abuse of discretion.

A USDOT spokesperson had previously criticized the toll as part of a so‑called Green New Scam, framing federally funded roads as inaccessible without toll‑free alternatives for some commuters.

Governor Kathy Hochul and the MTA defend congestion pricing as a success, citing a sharp drop in vehicles entering Manhattan’s CBD and hundreds of millions in revenue generated to date.

The MTA sued in February 2025 after implementing the toll, arguing federal authorization had been withdrawn; Liman had earlier ruled that threats to terminate funding were illegal.

MTA officials tout the program’s benefits—less traffic and pollution, faster commutes—and say they are confident they will prevail on appeal.

The court’s ruling favored the MTA, which administers the toll under state law and uses proceeds for a large capital program, arguing the toll helps reduce congestion and pollution.

A MTA spokesperson emphasized ongoing benefits to traffic, air quality, and commute times, underscoring continued legal and political contention over the program’s authority and future.

Secretary of Transportation previously concluded the pilot exceeded Congress’s authority, prompting the legal challenge and a counterclaim that the toll was no longer approved.

Judge Liman found that acting Secretary Buttigieg’s predecessor’s withdrawal of federal approval was arbitrary and an abuse of discretion, and that the DOT lacked authority to pull the approval on its own.

Liman’s ruling described the actions as arbitrary, capricious, and not in accordance with the law, and relieved plaintiffs from the obligation to cease tolling operations.

Congestion pricing charges a $9 toll for most vehicles entering Manhattan south of 59th Street, with plans to rise to $15 by 2031 and discounts for drivers who have paid tolls at other crossings.