Trump administration appeals NYC congestion pricing ruling that kept toll in place

The Trump Administration is taking aim again at New York City's congestion pricing toll. 

Sean Duffy and the Department of Transportation are appealing a judge's March ruling that kept New York's first-in-the-nation program running. 

In his March ruling, Judge Lewis Liman found the DOT lacked the authority to pull federal approval of the program on its own. Liman found the DOT's reversal was unlawful, saying Duffy's move was "arbitrary and capricious, an abuse of discretion, and not in accordance with the law." 

Liman pointed to the fact that New York lawmakers passed the toll, it was signed into law by the governor, and had received all the necessary federal approvals before congestion pricing was put into place on Jan. 5. 

Congestion pricing imposes a fee on vehicles entering Manhattan south of 59th Street. The price varies depending on type of vehicle and time of day, but it generally costs most drivers $9. 

New York Gov. Kathy Hochul and the MTA have hailed the program as an unqualified success, saying it has led to at least 27 million fewer vehicles coming into Manhattan's central business district, and adding it has generated more than $550 million in revenue so far. 

"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," the MTA's John McCarthy said.