Congestion pricing to stay after judge rules against Trump administration

A federal judge on Tuesday blocked the Trump administration’s attempt to end New York’s congestion pricing program, calling the federal government's reasoning for shutting down the tolling program flawed and "breathtaking."

In a 149-page ruling, U.S. District Judge Lewis ‌J. Liman said "it is difficult to imagine more arbitrary and capricious decision making" than that behind U.S. Transportation Secretary Sean Duffy's attempt to rescind federal approval for New York’s Central Business District Tolling Program.

Liman restored federal approval for the program and ruled that the Metropolitan Transportation Authority can continue charging vehicles.

  Supporters of congestion pricing, which charges most vehicles $9 to travel below 60th Street in Manhattan during peak hours, said the decision was a major victory that keeps the tolls in place.

"Donald Trump's unlawful attempts to trample on the self-governance of his home state have failed spectacularly," Gov. Kathy Hochul said in a statement Tuesday.

The U.S. Department of Transportation in a statement said it disagreed with the decision and is reviewing all legal options, including an appeal.

"Once again, working-class Americans are being sidelined under Gov. Kathy Hochul’s policies, which impose a massive tax on every New Yorker," a DOT spokesperson said. "The Trump Administration will not stop fighting to make everyday life more affordable for American families."

President Joe Biden’s administration greenlit the program in 2024, but Duffy moved to rescind federal approval in March, shortly after assuming the transportation secretary's post. He cited several legal problems with the program, including not giving motorists a toll-free option to drive within the congestion relief zone and that the revenue was going to transit rather than highways.

After the MTA sued to stop the Trump administration, Liman in May issued a preliminary injunction that allowed congestion tolling to continue.

Supporters of the first-in-the-nation program say the tolls have already significantly cut down on traffic in New York City, improved air quality and reduced crashes. The tolls also generated more than $500 million in funding for the MTA’s transit system.

Trump has long been an opponent of congestion pricing, vowing on the campaign trail in 2024 to "terminate" the plan, which he called a regressive tax that would hurt New York’s economy.

Among the many legal arguments made by Duffy is that Trump has the "sovereign authority" to break the agreement between the federal government and New York that allowed for congestion pricing to be enacted.

"The Secretary’s argument is breathtaking," Liman wrote in his decision. "If accepted, it would make all the other arguments irrelevant. It is wrong."

In a statement Tuesday, MTA CEO and chairman Janno Lieber said Liman’s ruling "leaves no doubt: congestion pricing is legal. It’s here to stay. And it works."

New York's congestion pricing program, which was approved by the State Legislature in 2019 after decades of debate, has so far withstood numerous court challenges. One that remains is a federal lawsuit filed by the Town of Hempstead that raises several legal arguments, including that the tolls violate Americans' Eighth Amendment right against excessive fines.

Unlike most of the other congestion pricing lawsuits filed in federal court, Hempstead's is not before Liman, who has so far mostly ruled in the MTA's favor.

Lisa Daglian, executive director of the MTA Permanent Citizens Advisory Committee, which includes the LIRR Commuter Council, called it "a major victory for millions of riders and a clear message that the law cannot be changed on a whim."

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.