In a recent development, Department of Justice lawyers inadvertently made public an internal document that reviews the legal basis of the Trump administration's efforts to challenge New York City's congestion pricing tolls. The accidental release of the legal memo occurs amidst an ongoing legal dispute, prompting the Department of Transportation to reassign the attorneys involved and bring in a new legal team from Washington, as reported by The New York Times.
The 11-page letter, originally meant to be seen only by the Department of Transportation, expressed "considerable litigation risk" in Secretary of Transportation Sean Duffy's February 19 decision to revoke the program. It was suggested in the letter that Duffy's arguments against the program, which include claims that the tolls raise revenue over congestion prevention and do not offer a toll-free option, were unlikely to gain traction in court. Lawyers urged a strategic pivot to the argument that the program cancellation was "as a matter of changed agency priorities," according to information obtained by ABC7NY in the letter they published.
The congestion pricing scheme, a nation-first initiative that began on January 5, sets a $9 toll for passenger vehicles to enter Manhattan south of 60th Street during peak times. This program designed to decrease congestion and fund public transit enhancements, immediately saw resistance from the returning Trump administration. Charging the program with overstepping the legislative intent regarding federal approval, Duffy's repeated orders to halt the tolls have been met with strong resistance from the Metropolitan Transit Authority. Without a court order, New York officials have not budged on their decision to keep the tolls operational.
This mistake follows the program’s demonstration of real success, as court documents indicate a 12.5 percent drop in traffic within the tolling zone, translating to 5.8 million fewer vehicles during peak hours compared to prior years. Opponents of the tolls cite financial difficulties, while others raise concerns about the toll’s effect on local businesses within the pricing zone. However, proponents highlight the $500 million anticipated in the first year, which is intended for crucial improvements to New York's essential public transportation system, as reported by ABC7NY.
As both parties prepare for further legal proceedings, the DOJ works to address its error, and the DOT’s new legal team from Washington is expected to shift the case in a different direction, away from the issues highlighted in the DOJ’s assessment of their initial legal strategy.
