Herbert Smith Freehills Kramer files amicus brief in Second Circuit appeal on NYC congestion pricing

On September 23, 2026, HSF Kramer filed an amicus brief in the Second Circuit supporting the lower court’s decision in the appeal concerning New York City’s congestion pricing program (the CBD Tolling Program).  Filed on behalf of 15 organizations, the brief challenges the Department of Transportation’s position and highlights the health and economic benefits the program has already provided. 

Plaintiffs are appealing a Southern District of New York decision from March 3, 2026, where Judge Lewis J. Liman found in favor of the Metropolitan Transportation Authority in the case Metropolitan Transportation Authority et al v. Duffy et al.  There, Judge Liman held that an attempt to revoke approval of the program was unlawful, writing: “It is difficult to imagine more arbitrary and capricious decision making than that at issue here.”

HSF Kramer’s amicus brief makes three arguments in support of sustaining Judge Liman's decision.  First, the brief argues that allowing the appellants to unilaterally terminate the VPPP Agreement and rescind its approval of the CBD Tolling Program would harm millions of residents throughout the New York City tri-state area.  Second, the brief asserts that the potential impacts to environmental justice communities from forecasted traffic diversions due to the CBD Tolling Program have not actually occurred.  Third, the brief explains that the CBD Tolling Program enjoys broad and growing support. 

Read the brief here.