On May 27, a federal court judge intervened in a contentious transportation issue by temporarily blocking the Trump administration’s attempts to force New York to discontinue its congestion pricing program.
This ruling ensures that the tolling initiative—charging drivers who enter Manhattan south of 60th Street—will remain operational until at least June 9, effectively preserving a critical revenue source for New York’s transportation projects.
The congestion pricing program, designed to alleviate traffic congestion in one of the busiest urban areas in the United States, began on January 5, where most drivers are charged a fee of US$9 during peak hours.
This initiative aims not only to mitigate gridlock but also to facilitate vital improvements to the city’s transit infrastructure.
Judge Lewis Liman granted the request for a temporary restraining order from the Metropolitan Transportation Authority (MTA), which operates the toll program.
During oral arguments in federal court located in Lower Manhattan, Judge Liman expressed concerns that New York state “would suffer irreparable harm” if the restraining order was not granted.
The judge also hinted at the possibility of a longer-term protective order, noting that the MTA had demonstrated a likelihood of success in its fight to maintain the congestion pricing initiative.
The Department of Transportation, through its lawyer Charles Roberts, stated that the federal government would comply with the judge’s order.
However, a spokesperson clarified that the ruling was not a judgment on the merits of the government’s case against Governor Hochul’s policy but rather a temporary pause to allow more time for deliberation.
In a letter sent in February, Transportation Secretary Sean Duffy formally revoked federal approval for the congestion pricing program.
He expressed concerns that the program exceeded its intended scope and labeled the toll an unfair burden on drivers, arguing that it should not principally fund mass transit rather than road improvements.
In response to Duffy’s actions, the MTA swiftly initiated legal proceedings, asserting that the program had undergone comprehensive review—including evaluations by federal agencies—and had shown positive results.
Statistics indicated that following the implementation of the toll, overall traffic had decreased, average speeds had improved, and the MTA was on course to finance US$15 billion in necessary upgrades through revenue generated from the toll.
Despite both parties agreeing to allow the legal battle to unfold in court, Duffy previously announced in April that his agency would commence withholding federal approvals and funding for various transportation projects starting May 28.
On hearing the judge’s decision, MTA Chief Executive Janno Lieber welcomed the ruling, suggesting that it signaled disapproval of coercive tactics used by the federal government against the state.
Governor Kathy Hochul also hailed the ruling as a “massive victory for New York commuters” and reaffirmed her commitment to ensuring the program continues to run.
Roberta Kaplan, an attorney representing the MTA, warned that the federal government’s attempts to terminate the congestion pricing program despite prior approval could plunge future federally approved programs into an “eternal fog of uncertainty.”
Kevin Willens, the MTA’s chief financial officer, articulated the problematic circumstances created by the federal government’s threats, stating that the MTA was caught in a dilemma—either to disable the toll and risk losing the projected US$15 billion or defy Duffy’s requests and face losing crucial federal funding for New York and its transportation initiatives.
Michael Pollack, a professor at the Benjamin N. Cardozo School of Law, indicated that while a temporary restraining order is typically not appealable, Judge Liman’s comments and decision bode well for the MTA as the case continues to unfold.
Nevertheless, the congestion pricing program is not out of the woods yet; several legal challenges remain.
Jack L. Lester, a lawyer for the group New Yorkers Against Congestion Pricing Tax, stated that their organization would challenge the initiative in state court, suggesting that the federal government’s objections added strength to their case.
On the other hand, supporters of congestion pricing remained hopeful that Judge Liman’s ruling could mark a pivotal moment for the program, which has faced considerable opposition since its inception.
Eric A. Goldstein, a senior attorney with the Natural Resources Defence Council, noted that the judge’s decision might suggest a turning point for a groundbreaking transportation program facing vehement challenges.
Judge Liman has previously rejected several arguments against congestion pricing in related cases brought by its opponents, providing optimism for supporters.
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