24-04-2025
DOJ admits case against congestion pricing in NYC is weak in internal memo
The judge presiding over the case to end New York City congestion pricing is unlikely to side with President Trump's transportation secretary, according to an internal Department of Justice memo obtained by CBS News New York.
The Trump administration is seeking to end the Manhattan tolling program, while New York and the Metropolitan Transportation Authority have refused Transportation Secretary Sean Duffy's repeated orders to stop collecting the tolls.
DOJ memo says there is "risk" in defending argument against congestion pricing
Two months ago, Duffy announced the administration pulled federal approval for congestion pricing and said the program will have to end. He recently gave the MTA until May 21 to comply, otherwise he said Department of Transportation will bring all nonessential construction projects in Manhattan to a halt.
The Trump administration's case to end congestion pricing for good has been playing out in federal court since Duffy's announcement.
In a recent letter to DOT's senior trial lawyer, the U.S. Attorney's Office for the Southern District of New York said it did not appear likely their case would succeed. They wrote: "there is considerable litigation risk in defending the Secretary's February 19, 2025 decision against plaintiffs' claims under the Administrative Procedure Act, that the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated due process ... it is unlikely that Judge Liman or further courts of review will accept the argument that the [New York City Central Business District Tolling Program] was not a statutorily authorized 'value pricing' pilot under the Value Pricing Pilot Program ... "
In response, a DOT spokesperson said in a statement to CBS News New York, "Are SDNY lawyers on this case incompetent or was this their attempt to RESIST? At the very least, it's legal malpractice. It's sad to see a premier legal organization continue to fall into such disgrace. SDNY's memo doesn't represent reality. Kathy Hochul's congestion pricing war against the working class was hastily approved by the Biden Administration after Donald Trump was elected. Taxpayers already financed the highways that Hochul is now shutting down to the driving public and there is no free alternative. This is unprecedented and illegal. If New York doesn't shut it down, the Department of Transportation is considering halting projects and funding for the state."
New York officials argue congestion pricing is legal and say they will not comply with the federal government's deadline. An agreement previously was reached to allow the tolls to continue into the fall.
The tolls led to a 13% reduction in traffic in the Manhattan Central Business District in March, according to the MTA. The agency reported it collected $51.9 million from the tolls in February, $3.3 million more than it did in January.
Last week, Judge Lewis Liman rejected arguments from groups fighting the congestion pricing tolls. He previously refused to halt the start of the tolls while cases played out in court.
Read the full memo
