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4d ago

DOJ Error Reveals Weaknesses in Case Against NYC Congestion Pricing

An accidental court filing exposes internal doubts about the Trump administration's legal strategy to terminate New York City's $9 congestion toll program.

FILE - Signs advising drivers of congestion pricing tolls are displayed near the exit of the Lincoln Tunnel in New York, Wednesday, Feb. 19, 2025. (AP Photo/Seth Wenig, File)
Traffic is pictured at twilight along 2nd Ave. in the Manhattan borough of New York, U.S., March 27, 2019. REUTERS/Carlo Allegri/File Photo
© Deb Cohn-Orbach/UCG/Universal Images Group via Getty Images
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Overview

  • The Department of Justice mistakenly uploaded an internal memo admitting that Secretary Sean Duffy's legal arguments against NYC's congestion pricing program are unlikely to succeed in court.
  • The memo, filed on April 11, highlights significant litigation risks and suggests shifting to a fallback strategy based on Office of Management and Budget regulations.
  • The congestion pricing program, launched in January 2025, charges vehicles $9 to enter Manhattan below 60th Street during peak hours, funding $15 billion in transit upgrades.
  • Governor Kathy Hochul has affirmed the tolls will remain operational unless a federal court orders their termination.
  • The DOJ has apologized for the filing error, requested the memo's removal from the public docket, and continues to defend the Department of Transportation's case in court.