By Hank Russell
A federal judge ruled against President Donald Trump’s efforts to shut down New York City’s congestion pricing program, calling the president’s actions illegal, “arbitrary and capricious.”
U.S. District Court Judge Lewis J. Liman — a Trump appointee — wrote in his decision on March 3 that “The Defendants’ termination” of congestion pricing would be was unlawful, and that any attempt to enforce the February 19 letter … would be unlawful,” according to Newsweek.
The letter Liman referred to was the one written by U.S. Transportation Secretary Sean Duffy to Governor Kathy Hochul. As previously reported in Long Island Life & Politics, Duffy toldHochul that the agency is putting a stop to the pilot program, formally known as the Central Business District Tolling Program, in which certain vehicles are charged tolls upon entry into Manhattan south of 60th Street during peak hours. He said the program hurts working people and small businesses.
“New York State’s congestion pricing plan is a slap in the face to working-class Americans and small business owners,” Duffy said. “Commuters using the highway system to enter New York City have already financed the construction and improvement of these highways through the payment of gas taxes and other taxes. But now the toll program leaves drivers without any free highway alternative, and instead, takes more money from working people to pay for a transit system and not highways.”
In his decision, Liman called Duffy’s attempts to close down congestion pricing “arbitrary and capricious on the basis that the policy rationales were post hoc rationalizations which were themselves arbitrary and capricious,” according to USA Today.
LILP reached out to the White House and was referred to the Transportation Department, which did not respond as of press time.
Hochul praised Liman’s decision. “The judge’s decision is clear: Donald Trump’s unlawful attempts to trample on the self-governance of his home state have failed spectacularly,” she said. “Congestion pricing is legal, it works, and it is here to stay. The cameras are staying on.”
“We’ve said it all along, and Judge Liman’s clear, detailed ruling leaves no doubt: congestion pricing is legal,” said MTA Chair/CEO Janno Lieber. “It’s here to stay. And it works. Traffic is down, business is up, and we’re making crucial investments in a transit system that moves millions of people a day. Today — once again — Secretary Duffy failed and New York is winning.”
“Congestion pricing has been a once-in-a-lifetime success story,” Hochul added. “I have been clear from day one: my administration will fight any unlawful effort by the Trump administration to attack the sovereignty of New York State with everything we’ve got. Today, we won again.”
Nassau County Executive and GOP gubernatorial candidate Bruce Blakeman — a vocal critic of congestion pricing — said that, if elected governor, he will eliminate the program. “On Day One as Governor, I’ll repeal Kathy Hochul’s Congestion Pricing tax — a $27-a-day penalty tax to hardworking New Yorkers already crushed by soaring property taxes and utility bills,” he said.