The lawyers of the Department of Justice accidentally presented a document during the night that described a series of legal defects with the Trump administration plan to kill the congestion price tolls of New York City.
In a 11 -page letter to the Department of Transportation, the lawyers of the United States Prosecutor’s Office for the Southern District of New York wrote that the Secretary of Transportation of Sean Duffy to finish congestion prices faces a “considerable litigation risk” and is “unlikely” to be accepted by the court.
“As discussed below, there is a considerable risk of litigation by defending the decision of the secretary of February 19, 2025 against the claims of the plaintiffs by virtue of the Administrative Procedure Law, that the decision was contrary to the law, pretextual, procedurally arbitrary and capricious, and violated due process,” said the letter.
According to the DAJ lawyers, Duffy’s two arguments to cancel the program, that tolls increase income instead of avoiding congestion and that the program does not offer a free option, it is unlikely to convince the court.
On the other hand, the DAJ lawyers proposed an alternative justification to defend the cancellation of the program, urging the Department of Justice to use the regulations established by the Office of Management and Budget to say that the program was canceled “as a matter of changing agency priorities.”
“It is important to note that the DOT can seek the termination of the agreement in accordance with the OMB regulations, in addition to, and not instead of defending the logic established in the secretary’s letter,” said the letter.
A sign on the ninth avenue that announces the congestion prices of the city of New York in force that charges drivers to enter the central business district in Manhattan below 60th Street in New York City, on January 6, 2025.
Mike Fresh/Reuters, file
In a letter to the judge that supervises the lawsuit that challenges congestion prices, the lawyers of the Department of Justice on Thursday morning recognized that the document “presented an error” and were asked to permanently sealed the registration. They argued that the internal legal orientation included in the letter is privileged and should not be considered in the current demand.
A spokesman for the United States prosecutor for the Southern District of New York said the presentation was an “honest error.”
“Unfortunately, a privileged lawyer-client document was mistakenly presented in the public file last night,” said the spokesman in a statement on Thursday. “This was a completely honest mistake and was not intentional in any way. When we realize the error, we immediately take measures to eliminate the document. We hope to continue advocating vigorously in the best interest of our clients, the DOT and FHWA, in this matter.”
The Congestion Price of the Metropolitan Transit Authority, the first of its kind in the nation, entered into force in January. Weeks later, with Donald Trump now in office, the Federal Highway Administration rescinded the approval of the plan, with Duffy saying at that time that the “scope of this pilot project as approved exceeds the authorized authority authorized by Congress.”
In February, the Metropolitan Transit Authority demanded for the attempt of the Trump administration to terminate the agreement between the Federal Highway Administration and MTA that authorized the collection of the congestion toll. The MTA lawyers argued that the termination was illegal, contradicts the policies themselves publicly declared from the DOT and seeks to finish a program that benefits the public.
“The subterraine, buses and railroads of near the region, vital lines of life for so many New York living in the metropolitan area of New York City and beyond, they are already benefiting from substantial investments that have been carried out as a result of the program,” they argued. “New Yorkers support the program because it is working.”
New York officials have said that they will not turn off the tolls without a court order.
The congestion price plan charges passenger vehicles $ 9 to access Manhattan below 60 street during peak hours as part of an effort to relieve congestion and raise funds for the city’s public transport system. During the peak hours, small trucks and charter buses are charged $ 14.40 and trucks and tourist buses pay $ 21.60.
