New York Gov. Kathy Hochul and the MTA are facing a new federal deadline to end congestion pricing in New York City.
The Trump administration previously demanded New York end congestion pricing tolling in Manhattan by March 21. On Thursday, however, Transportation Secretary Sean Duffy took to social media to announce a 30-day extension of the deadline.
“[Gov. Kathy Hochul] — the federal government and [President Trump] are putting New York on notice. Your refusal to end cordon pricing and your open disrespect towards the federal government is unacceptable,” Duffy wrote Thursday on X. “We will provide New York with a 30-day extension as discussions continue. Know that the billions of dollars the federal government sends to New York are not a blank check. Continued noncompliance will not be taken lightly.”
The Hochul administration has said it is holding firm on the tolls, while opponents call for the state to comply with the Trump administration, which argues they are an unfair burden on workers and small businesses.
Hochul reaffirmed her stance on social media in response to Duffy’s post.
The matter remains in court after the MTA filed a lawsuit arguing the federal government doesn’t have the legal authority to stop the program, because it was already enacted into law under the Biden administration.
Trump’s move to stop congestion pricing
The U.S. Department of Transportation sent a letter a few weeks ago, saying congestion pricing must stop because, as Duffy claimed, it unfairly burdens working class people and small businesses.
The MTA says the program is expected to generate around $500 million a year during its first three years, then $700 million a year after the first increase, and close to $1 billion a year after that.
Transit officials say, since the launch, approximately one million fewer vehicles have entered the Congestion Relief Zone. They also say buses to the outer boroughs and New Jersey are moving faster, saving riders as much as 10 minutes during their commutes, in some cases.
Opponents, however, like New Jersey Rep. Josh Gottheimer, are calling for New York to stop the program. The congressman, who has been vocal about ending congestion pricing, says he plans to announce new action if the state doesn’t comply.
Meanwhile, New York City Comptroller Brad Lander is holding a rally with transit advocates Thursday in support of the program.
Congestion pricing remains in effect in NYC
For now, Hochul and the MTA are vowing to keep congestion pricing going. They say until a federal judge mandates the end of the program, drivers will still have to pay to enter Manhattan south of 60th Street.
A source close to the MTA told CBS News New York’s Elijah Westbrook that unless a judge issues a ban or injunction on the program, the tolls cannot legally be turned off. So until a judge rules otherwise, the governor and MTA say the cameras will stay on.
A court date still has not been set on the lawsuit, and Westbrook also learned Duffy and the federal government have not responded to it.
A closer look at lawsuits against congestion pricing
Jack Lester, counsel for New Yorkers Against Congestion Pricing, says there are multiple lawsuits still pending against congestion pricing. One is an environmental challenge that claims a change was made without an environmental review. In another, New Yorkers are challenging under the state’s Administrative Procedure Act, which requires the MTA to conduct a socioeconomic impact analysis for vulnerable communities.
Lester explained Judge Lewis Liman is presiding over all of the cases, including the state’s lawsuit against the federal government.
“This whole issue has to be decided through the court process, and Judge Liman has all the cases. He’s consolidated all these cases, and he’ll be reviewing all the issues in these cases. So the future of congestion pricing really depends upon judicial review,” Lester said.
“So all of these controversies between the federal government, the state government, the community groups — all of these cases will have to be decide by Judge Liman. And he will, at the district court level, issue a determination as to the future of congestion pricing, and that will go through the appellate process to the second circuit and then to the U.S. Supreme Court,” he went on to say.
So could the judge rule to end congestion pricing?
“Judge Liman can rule that the federal government had the right to terminate the project, and that would put an end to congestion pricing until there’s an appeal to the second circuit,” said Lester. “I think this case will go all the way to the Supreme Court, because it presents a novel and unprecedented issue as to the responsibilities and authority of the federal government versus the state government.”
As for a potential timeline, Lester said Judge Liman “has been very expeditious on all of his decisions, he’s been very comprehensive, he’s paying close attention to this issue.”
