An internal Justice Department memo, inadvertently filed in federal court, has exposed significant legal vulnerabilities in the Trump administration’s efforts to dismantle New York City’s congestion pricing program. The 11-page document, authored by assistant U.S. attorneys from the Southern District of New York, was mistakenly uploaded to the court docket and subsequently removed.
The memo critiques Transportation Secretary Sean Duffy’s rationale for revoking federal approval of the program, which imposes a $9 toll on vehicles entering Manhattan below 60th Street during peak hours. The attorneys argue that Duffy’s claim—that the program conflicts with the Federal Highway Administration’s Value Pricing Pilot Program—is unlikely to hold up in court. They also challenge the assertion that a toll-free alternative route is legally required, stating no such provision has been identified.
The document suggests an alternative approach: utilizing Office of Management and Budget regulations to terminate the program based on changed agency priorities. However, the attorneys acknowledge that this strategy may also falter, as the original agreement lacks explicit termination provisions.
Governor Kathy Hochul has remained steadfast in her support for the congestion pricing initiative, emphasizing its legality and effectiveness in reducing traffic congestion and generating revenue for public transit improvements. Despite federal threats to withhold funding, the program continues to operate, with tolls still being collected.
The accidental disclosure of the DOJ’s internal assessment has intensified the legal battle between New York officials and the federal government, highlighting internal doubts about the strength of the case against the congestion pricing program.
