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On Day Federal Funding to NY NJ Hudson Tunnel Was to Stop TRO Granted in SDNY

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 6 – On the day that Federal funding of the Hudson Tunnel was to end, U.S. District Court for the Southern District of New York Judge Jeannette A. Vargas heard arguments for a Temporary Restraining Order continuing funding - and granted it. Inner City Press live tweeted the argument:

All rise! Judge Jeannette Vargas: We're here on a request for a TRO. The threshold issue is whether this court has jurisdiction, given the Tucker Act.

NJ (and NJ) lawyer: We are seeking classic APA remedies. This is not a typical Tucker Act case NJ/NY lawyer: Look at Justice Barrett's concurrence... Also a District Court case, AAUP v Trump from the Northern District of California, the Tucker Act does not apply when the plaintiff has no contractual relationship with the Federal government

NY/NJ lawyer (Jeremy M. Feigenbaum, he didn't say it as he began): Look at page 7 of the Westlaw print out... My friends have only an unpublished DC Circuit opinion, I raise them a DC Circuit published decision. We are not relying on any contract. SDNY (Fed's respondents') lawyer Tara Schwartz: The plaintiffs have not shown when GDC (Gateway Development Commission) would run out of money. NJ/NY lawyer: This is immanent.

 Judge Vargas: I am going to reserve, a decision coming very shortly.  

And before 8 pm, she did: "Sufficient reason having been shown, the Court accordingly ORDERS that, pending the hearing of Plaintiffs’ application for a preliminary injunction, the Defendants are enjoined from implementing the September 30, 2025 suspension of federal disbursements for the Hudson Tunnel Project."  Order on Patreon here

The case is State of New Jersey et al v. United States Department of Transportation et al, 1:26-cv-939 (Vargas)

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