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New York and New Jersey Sue to Unfreeze Gateway Tunnel Funds With Work Stoppage Days Away

The states seek emergency court orders to restart payments before construction is forced to pause Friday.

Overview

  • Tuesday’s state lawsuit in Manhattan federal court argues the funding suspension violates the Administrative Procedure Act and asks a judge to immediately resume payments.
  • The filing follows Monday night’s separate breach‑of‑contract case by the Gateway Development Commission in the U.S. Court of Federal Claims seeking release of more than $205 million.
  • Federal payments have been on hold since Oct. 1 under a USDOT review of Disadvantaged Business Enterprise rules, even as the White House later linked restoration to immigration negotiations and the president declared the project “terminated.”
  • Gateway officials say they provided documentation showing compliance with the updated DBE requirements, while USDOT has defended its review of race‑ and sex‑based contracting policies.
  • The $16 billion project to add two new Hudson River rail tubes and rehabilitate the 116‑year‑old tunnel is continuing on a temporary credit line but could halt as early as Friday, risking about 1,000 jobs and costly site‑security and restart expenses.