Killing NYC congestion pricing would 'harm the public,' judge rules

A Manhattan federal judge on Wednesday wrote that the Trump administration cannot force the MTA to shut down its congestion pricing tolls — at least for now.

In a 109-page opinion, U.S. District Judge Lewis Liman granted the MTA a preliminary injunction in the transit agency’s lawsuit against the U.S. Department of Transportation over the feds’ order to kill the program, which has since Jan. 5 imposed a $9 daytime fee on drivers who enter Manhattan south of 60th Street.

Ending congestion pricing would “harm the public by depriving it of the benefits the tolling program creates,” Liman wrote, referencing improvements in travel times and reductions in gridlock across the region.

The case was expected to continue through October, but the federal government escalated its attacks on New York by threatening to withhold some highway funding for New York state if the MTA didn’t stop tolling by Wednesday. During a court hearing ahead of that deadline on Tuesday, Liman issued a temporary restraining order barring the U.S. DOT from suspending any funding.

The judge’s move ensures the MTA has legal support to continue tolling until a final ruling is made in the case.

The MTA sued the Trump administration in February after President Trump and U.S. Transportation Secretary Sean Duffy moved to revoke federal approval for congestion pricing.

In Wednesday’s ruling, Liman wrote that the federal government had a difficult time in court this week defending its claim that it had the authority to revoke approval for congestion pricing. The tolls were approved under the Biden administration, but the U.S. Transportation Department under Trump has argued they are illegal because there is no “toll-free” way to enter the zone.

“Defendants do not offer a full-throated defense for that argument,” Liman wrote.

The U.S. Transportation Department had also argued that because some city roads get federal funding, they can’t be tolled. Liman said that was a misreading of the law: “It is manifestly incorrect that all roads built with federal funds must be free from all tolls.”

Trump pledged to end congestion pricing during his campaign. Since returning to the White House, he has said congestion pricing is bad for the city. Liman disagreed with that assessment in his ruling, writing that “available data does not indicate that the Tolling Program has harmed economic interests in New York.”

The federal Department of Transportation didn’t immediately respond to a request for comment.

“It’s positive news,” MTA general counsel Paige Graves said after learning the judge approved the preliminary injunction.

The Trump administration was warned last month of its shaky legal footing in the lawsuit. On April 11, lawyers for the Southern District accidentally uploaded a memo to the legal docket that outlined problems with the case.

“It is unlikely that Judge [Lewis] Liman or further courts of review will accept the argument that [congestion pricing] was not a statutorily authorized ‘value pricing’ pilot” by the federal government, the letter stated. “We have been unable to identify a compelling legal argument to support this position."

Those lawyers were taken off the case. During Tuesday’s court hearing, just two federal attorneys appeared to represent Duffy and the federal government in the case.