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3d ago

DOJ Leak Exposes Weaknesses in Trump Administration's Case Against NYC Congestion Pricing

An internal memo mistakenly filed in court reveals federal doubts about the legal viability of ending New York City's toll program, leading to fallout within the DOJ and continued program operations.

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

  • A leaked DOJ memo, accidentally filed in court, states that the federal government's case against NYC's congestion pricing program is unlikely to succeed in court.
  • The memo critiques Transportation Secretary Sean Duffy's arguments, suggesting an alternative strategy using Office of Management and Budget regulations to justify ending the program.
  • The Department of Transportation removed Southern District of New York prosecutors from the case, citing the filing as 'legal malpractice' and transferring the matter to the DOJ's Civil Division.
  • Governor Kathy Hochul reaffirmed the program's legality and effectiveness, stating that toll collections will continue unless ordered otherwise by a court.
  • The congestion pricing program, launched in January, charges most drivers $9 to enter Manhattan below 60th Street and aims to reduce traffic and fund transit improvements.