Feds Accidently Publish Legal Strategy To End Congestion Pricing: Reports

NEW YORK CITY — Attorneys for the Federal Highway Administration mistakenly published an internal memo outlying their legal strategy to shut down congestion pricing in New York City, according to reports.

The 11-page document was briefly posted on the online docket for the MTA's lawsuit challenging U.S. Transportation Secretary Sean Duffy order to end the program, according to StreetBlogNYC and Gothamist.

The April 11 letter from attorneys in the Southern District of New York to a lawyer for the federal transportation department, disclosed that the USDOT's current argument to shut down the program isn't likely to hold up in court.

The letter states that it is unlikely that a judge would accept the argument that congestion pricing was not a statutorily authorized ‘value pricing’ pilot” by the federal government.

U.S. DOT Chief Sean Duffy has argued the federal government has the authority to rescind approval for the program on the basis that federal law does not allow congestion pricing tolls to raise revenue.

Instead, the U.S. DOT has been advises to argue they’re revoking approval for the tolls through Office of Management and Budget regulations, saying that congestion pricing no longer fits within the agency's priorities.

Though the argument is still up for debate, according to the U.S. Department of Justice attorneys, as the DOT did not give the MTA any money to launch congestion pricing.

The document has since been replaced on the online docket.

On Monday, Duffy, in a letter to Gov. Kathy Hochul, detailed that the Federal Highway Administration would hold up funds for some federally funded road projects in the city, Patch previously reported.

City officials previously had an April 20 deadline to end the program — now Duffy has given the city until May 21 to terminate congestion pricing.

Federal officials have threatened to hold federal highway funding for projects in Manhattan, but also would target funding for street projects across the city and other parts of the state if congestion pricing continues.

Duffy said they would go after projects “essential for safety.”

Hochul has also previously said she has no plans to shut down the program.

A timeline submitted by the MTA to a federal judge shows the tolls will continue at least through late October, due to legal motions the MTA and the federal government have agreed to, Patch previously reported

Duffy has called congestion pricing a "slap in the face to working class Americans and small business owners."

President Donald Trump had initially given the MTA until March 18 to end the program and tolls to allow for an "orderly cessation."