Case: State of New York v. United States Department of Transportation

26-01097 | U.S. Court of Appeals for the Second Circuit

Filed Date: April 24, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Federal Motor Carrier Safety Administration's (FMCSA) determination that New York's commercial driver's license (CDL) program violated federal standards and the accompanying threat to withhold over $73 million in federal transportation funds. The State of New York and New York State Department of Motor Vehicles filed this petition for review of agency action under the Hobbs Administrative Orders Review Act in the U.S. Court of Appeals for the Second Circuit on April 24,…

This case challenged the Federal Motor Carrier Safety Administration's (FMCSA) determination that New York's commercial driver's license (CDL) program violated federal standards and the accompanying threat to withhold over $73 million in federal transportation funds.

The State of New York and New York State Department of Motor Vehicles filed this petition for review of agency action under the Hobbs Administrative Orders Review Act in the U.S. Court of Appeals for the Second Circuit on April 24, 2026, against the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration and its Administrator. They challenged the FMCSA's Final Determination of Substantial Noncompliance, which found that the New York State Department of Motor Vehicles failed to comply with federal CDL program requirements. Per the petition, the FMCSA conducted a 2025 annual review of New York's CDL program and issued an April 16, 2026 Final Determination of Substantial Noncompliance, which determined that New York's Department of Motor Vehicles violated federal standards by issuing CDLs without proper verification of applicants' eligibility. This determination would result in withholding of approximately $73.5 million in federal transportation funds and potential future annual withholding of approximately $147 million. The petitioners sought to set aside the determination as arbitrary and capricious, arguing it exceeded FMCSA’s authority and lacked substantial evidence.

As of June 2026, this matter remains pending.

 

Summary Authors

Zahra Jamil (6/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73244048/parties/state-of-new-york-v-united-states-department-of-transportation/


Expert/Monitor/Master/Other

-, Simon Gregory (New York)

General, Anthony R. (New York)

Documents in the Clearinghouse

Documents in this case
1

26-01097

Petition for Review

The State of New York v. United States Department of Transportation

April 24, 2026

April 24, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73244048/state-of-new-york-v-united-states-department-of-transportation/

Last updated Aug. 30, 2026, 3:17 a.m.

Docket for: State of New York v. United States Department of Transportation
ECF Number Date Description Link
1 April 24, 2026

PETITION FOR REVIEW OF AGENCY ORDER, on behalf of Petitioner New York State Department of Motor Vehicles, Petitioner State of New York, FILED. [Entered: 04/24/2026 04:51 PM]

Clearinghouse
2 April 24, 2026

AGENCY DECISION AND ORDER, dated 04/16/2026, RECEIVED. [Entered: 04/24/2026 04:51 PM]

RECAP
3 April 24, 2026

PAYMENT OF DOCKETING FEE, on behalf of Petitioner New York State Department of Motor Vehicles, Petitioner State of New York, USCA receipt # A02-4260-ACMS, FILED. [Entered: 04/24/2026 04:52 PM]

RECAP
4 April 24, 2026

PETITION FOR REVIEW OF AGENCY ORDER, on behalf of Petitioner New York State Department of Motor Vehicles, Petitioner State of New York, OPENED. [Entered: 04/24/2026 04:54 PM] [Edited: 04/24/2026 06:19 PM]

RECAP
5 April 24, 2026

PETITION FOR REVIEW OF AGENCY ORDER, SERVED. [Entered: 04/24/2026 04:59 PM] [Edited: 04/24/2026 06:18 PM]

RECAP
6 April 24, 2026

MOTION, to expedite appeal, on behalf of Petitioner State of New York, Petitioner New York State Department of Motor Vehicles, FILED. Service date 04/24/2026 by ACMS. [Entered: 04/24/2026 07:21 PM]

RECAP
7 April 29, 2026

MOTION ORDER, granting motion to expedite appeal at docket entry 6, on behalf of Petitioner New York State Department of Motor Vehicles, Petitioner State of New York.  The appeal shall proceed as follows:  Respondent's Administrative Record shall be filed by 06/22/2026; Petitioner's brief is due 06/06/2026; Respondent's brief is due by 08/20/2026; Petitioner's reply brief is due by 08/31/2026; and oral argument shal be held as early as September 2026, subject to approval of the Presiding Judge, by SJM, FILED. [Entered: 04/29/2026 02:53 PM]

RECAP
8 April 29, 2026

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. Service date 04/29/2026 by ACMS. [Entered: 04/29/2026 03:27 PM]

RECAP
9 April 30, 2026

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Petitioner State of New York, Petitioner New York State Department of Motor Vehicles, FILED. Service date 04/30/2026 by ACMS. [Entered: 04/30/2026 08:56 AM]

RECAP
10 May 8, 2026

FORM C-A, on behalf of Petitioner State of New York, Petitioner New York State Department of Motor Vehicles, FILED. Service date 05/08/2026 by ACMS. [Entered: 05/08/2026 03:16 PM]

RECAP
11 May 14, 2026

NEW CASE MANAGER, Elizabeth Munoz, ASSIGNED. [Entered: 05/14/2026 01:53 PM]

RECAP
12 June 5, 2026

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Derek Barrs, Federal Motor Carrier Safety Administration, Sean Duffy, United States Department of Transportation, FILED. [Entered: 06/05/2026 04:42 PM]

RECAP
13 June 5, 2026

ATTORNEY, Bradley Hinshelwood, for Respondent Derek Barrs, Respondent Federal Motor Carrier Safety Administration, Respondent Sean Duffy, Respondent United States Department of Transportation, ADDED. [Entered: 06/05/2026 04:51 PM]

RECAP
14 June 12, 2026

NOTICE OF AGENCY DEFAULT, for failure to file record on appeal, SENT. [Entered: 06/12/2026 01:13 PM]

RECAP
15 June 22, 2026

CERTIFIED ADMINISTRATIVE RECORD, FILED [Entered: 06/22/2026 07:15 PM]

RECAP
16 June 25, 2026

CASE CALENDARING, for the week of 09/28/2026, PROPOSED. [Entered: 06/25/2026 08:49 AM]

RECAP
17 July 6, 2026

BRIEF & APPENDIX, on behalf of Petitioner State of New York, Petitioner New York State Department of Motor Vehicles, FILED. Service date 07/06/2026 by ACMS. [Entered: 07/06/2026 07:05 PM]

RECAP
18 July 10, 2026

ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of Petitioner State of New York, Petitioner New York State Department of Motor Vehicles, FILED. Service date 07/10/2026 by ACMS. [Entered: 07/10/2026 05:13 PM]

RECAP
19 July 13, 2026

ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/13/2026 11:41 AM]

RECAP
20 July 13, 2026

AMICUS BRIEF, on behalf of Amicus AFSCME, AFT, AFL-CIO, TWU, and LIUNA in support of Petitioners, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/13/2026 12:23 PM]

RECAP
21 July 13, 2026

NOTICE OF APPEARANCE AS AMICUS COUNSEL, on behalf of Amicus AFSCME, AFT, AFL-CIO, TWU, and LIUNA in support of Petitioners, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/13/2026 12:27 PM]

RECAP
22 July 13, 2026

NEW PARTY, Amici American Federation of State, County & Municipal Employees, American Federation of Teachers, American Federation of Labor and Congress of Industrial Organizations, ADDED. ATTORNEY, Wendy Liu, Allison M Zieve, for Amicus Curiae American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae American Federation of State, County & Municipal Employees, Amicus Curiae American Federation of Teachers,[EDIT Designation] American Federation of State, County & Municipal Employees, American Federation of Teachers, American Federation of Labor and Congress of Industrial Organizations, ADDED. ATTORNEY, Wendy Liu, Allison M Zieve, for Amicus Curiae American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae American Federation of State, County & Municipal Employees, Amicus Curiae American Federation of Teachers, ADDED. [Entered: 07/13/2026 02:48 PM]

RECAP
23 July 13, 2026

AMICUS BRIEF, on behalf of Amicus Immigrant and Workers Rights Advocates on behalf of Asian Law Caucus, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/13/2026 06:16 PM]

RECAP
24 July 14, 2026

NEW PARTY, Amici Curiae Transport Workers Union of Greater New York Local 100, Laborers International Union of North America, ADDED.  ATTORNEY, Wendy Liu, and Allison M Zieve, for Amici Curiae Transport Workers Union of Greater New York Local 100, Laborers International Union of North America,, ADDED. [Entered: 07/14/2026 01:28 PM]

RECAP
25 July 14, 2026

DEFECTIVE DOCUMENT, Amicus Brief on Consent, at docket entry 20, on behalf of Amici Curiae Transport Workers Union of Greater New York Local 100, Laborers International Union of North America, Transport Workers Union of Greater New York Local 100, Laborers International Union of North America, FILED. [Entered: 07/14/2026 02:02 PM]

RECAP
26 July 14, 2026

DEFECTIVE DOCUMENT, Amicus Brief on Consent, at docket entry 23, on behalf of Immigrant and Workers Rights Advocates,, FILED. [Entered: 07/14/2026 02:17 PM]

RECAP
27 July 14, 2026

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Amicus Curiae American Federation of State, County & Municipal Employees, Amicus Curiae American Federation of Teachers, Amicus Curiae American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae Transport Workers Union of Greater New York Local 100, Amicus Curiae Laborers International Union of North America, FILED. Service date 07/14/2026 by ACMS. [Entered: 07/14/2026 02:25 PM]

RECAP
28 July 14, 2026

AMICUS BRIEF, on behalf of Amicus Amicus AFSCME, AFT, AFL-CIO, TWU, and LIUNA in support of Petitioners, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/14/2026 02:39 PM]

RECAP
29 July 14, 2026

AMICUS BRIEF, on behalf of Amicus Immigrant and Workers Rights Advocates on behalf of Asian Law Caucus, FILED. Service date 07/14/2026 by ACMS. [Entered: 07/14/2026 03:05 PM]

RECAP
30 July 16, 2026

NEW PARTY, Amicus Curiae Immigrant & Workers Rights Advocates, ADDED. [Entered: 07/16/2026 12:16 PM]

RECAP
31 July 16, 2026

ATTORNEY, Wei Zhao, Joshua A. Rosenthal, for Amicus Curiae Immigrant & Workers Rights Advocates, ADDED. [Entered: 07/16/2026 01:49 PM]

RECAP
32 July 17, 2026

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Immigrant & Workers Rights Advocates, FILED. [Entered: 07/17/2026 05:07 PM]

RECAP
33 July 17, 2026

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Immigrant & Workers Rights Advocates, FILED. [Entered: 07/17/2026 06:00 PM]

RECAP
34 July 21, 2026

CASE CALENDARING, for argument on 9/28/2026, SET. [Entered: 07/21/2026 09:39 AM]

RECAP
35 July 23, 2026

DEFECTIVE DOCUMENT, Amicus Brief on Consent, at docket entry 29, on behalf of , FILED. [Entered: 07/23/2026 12:38 PM]

RECAP
36 July 24, 2026

AMICUS BRIEF, on behalf of Amicus Immigrant and Workers Rights Advocates on behalf of Asian Law Caucus, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/24/2026 01:47 PM]

RECAP
37 July 28, 2026

DEFECTIVE DOCUMENT, Amicus Brief on Consent, at docket entry 36, on behalf of Amicus Immigrant and Workers Rights Advocates, FILED. [Entered: 07/28/2026 12:07 PM]

RECAP
38 July 28, 2026

AMICUS BRIEF, on behalf of Amicus Immigrant and Workers Rights Advocates on behalf of Asian Law Caucus, FILED. Service date 07/13/2026 by ACMS. [Entered: 07/28/2026 01:08 PM]

RECAP
39 July 29, 2026

NOTICE OF APPEARANCE AS AMICUS COUNSEL, on behalf of Petitioner State of New York, New York State Department of Motor Vehicles, FILED. Service date 07/29/2026 by ACMS. [Entered: 07/29/2026 02:34 PM]

RECAP
40 July 30, 2026

ATTORNEY, Munmeeth K. Soni, for Amicus Curiae Immigrant & Workers Rights Advocates, ADDED. [Entered: 07/30/2026 01:49 PM]

RECAP
41 July 30, 2026

ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED. [Entered: 07/30/2026 02:24 PM]

RECAP
42 July 30, 2026

ORDER, dated 7/30/2026, directing Respondents to file all parts of the record retained by the agency no later than Thursday, August 20, 2026, FILED. [Entered: 07/30/2026 03:00 PM]

RECAP
43 Aug. 6, 2026

NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Petitioner State of New York, Petitioner New York State Department of Motor Vehicles, FILED. [Entered: 08/06/2026 11:05 AM]

RECAP
44 Aug. 11, 2026

NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. [Entered: 08/11/2026 09:44 AM]

RECAP
45 Aug. 17, 2026

MOTION, to seal document, on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. Service date 08/17/2026 by ACMS. [Entered: 08/17/2026 03:58 PM]

RECAP
46 Aug. 20, 2026

SUPPLEMENTARY PAPERS TO pending motion to seal record, at entry 45, on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. Service date 08/20/2026 by ACMS. [Entered: 08/20/2026 01:49 PM] [Edited: 08/20/2026 05:22 PM]

RECAP
47 Aug. 20, 2026

BRIEF, on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. Service date 08/20/2026 by ACMS. [Entered: 08/20/2026 03:30 PM]

RECAP
48 Aug. 27, 2026

MOTION ORDER, granting motion to seal document at docket entry 45, on behalf of Respondent United States Department of Transportation, Respondent Sean Duffy, Respondent Federal Motor Carrier Safety Administration, Respondent Derek Barrs, FILED. [Entered: 08/27/2026 03:22 PM]

RECAP
49 Aug. 28, 2026

CERTIFIED ADMINISTRATIVE RECORD, FILED [Entered: 08/28/2026 11:14 AM]

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 24, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of New York and New York State Department of Motor Vehicles

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Federal Motor Carrier Safety Administration

United States Department of Transportation

Defendant Type(s):

Transportation

Case Details

Other Dockets:

U.S. Court of Appeals for the Second Circuit 26-01097

Special Case Type(s):

Appellate Court is initial court

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Undocumented immigrants - rights and duties

Recommended Citation