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Appeals Court Orders Gateway Funding to Continue for Hudson Tunnel Project

Judges cited the public interest in safe, continuous work on the rail link.

Overview

  • The Second Circuit rejected the administration’s request to keep a funding freeze in place, finding no showing of irreparable harm from continued payments.
  • Nearly $16 billion in federal reimbursements previously approved by Congress must keep flowing under the ruling.
  • The Gateway Development Commission says construction has fully resumed but warns work could pause again in two to three months without ongoing disbursements.
  • The administration froze payments last October during a compliance review tied to the president’s executive order restricting diversity, equity and inclusion initiatives.
  • In a separate case, a Court of Federal Claims judge deemed GDC’s bid to recoup $205 million moot after funds were restored, left damages claims alive, set a March 24 status conference, and an April 16 hearing is slated in the states’ suit before Judge Jeannette Vargas.