NEW YORK — The Sierra Club and transit advocacy group Riders Alliance are suing the U.S. Department of Transportation over its revocation of approval for Manhattan’s congestion pricing program.
The suit filed Tuesday, March 4, in U.S. District Court, calls for the court to vacate the decision by Transportation Secretary Sean Duffy. It notes the early success of the program and argues that Duffy’s decision, as explained in a letter to New York Gov. Kathy Hochul, rests “on a legal theory so insubstantial as to appear pretextual,” and that Duffy said he had “discovered an unwritten restriction in federal law, a secret loophole establishing that the Congestion Pricing Program had never been lawfully authorized to begin with.”
Dror Ladin, an attorney at Earthjustice, which is representing the Sierra Club, said in a press release that “the administration’s explanations don’t add up, and we’re confident that the courts are going to see through them just as easily as most New Yorkers do.”
Riders Alliance Executive Director Betsy Plum said, “After working closely with Governor Kathy Hochul, the MTA and U.S. DOT to start the program, a vengeful federal government now leaves us no choice but to go to court. We’re filing today’s case because congestion relief is saving us time on buses, fixing our aging subways, and improving our health. We can’t afford to go back. There is no way to make traffic gridlock great again.”
The congestion tolling program, which funds Metropolitan Transportation Authority capital programs, began Jan. 6 following approval late last year by the Federal Highway Administration, which is involved because of federal funding for some of the roadways involved [see “New York congestion pricing plan gets federal approval,” Trains News Wire, Nov. 23, 2024]. The MTA has cited decreased traffic in the tolling zone in lower Manhattan and increased use of public transportation since the program began [see “New York rail ridership up …,” News Wire, Jan. 30, 2025].
But President Donald Trump had promised to kill congestion pricing during his campaign, and on Feb. 19, Duffy announced the DOT was revoking its support, saying in a press release that the program was “backwards and unfair.” Trump, in a social media post, said the decision meant “all of New York is saved. Long live the king!” That drew a sharp retort from Hochul, who said, “We are a nation of laws, not ruled by a king,” and promised to take the matter to court. The MTA filed its own suit that day [see “New York MTA sues …,” News Wire, Feb. 19, 2025]. The Federal Highway Administration subsequently set March 21 as the date to end the program, but MTA CEO Janno Lieber has said the agency will not stop collecting the tolls “absent a court order” [see “Federal government sets date …,” News Wire, Feb. 28, 2025].
It’s really very simple: New York State separates its infrastructure from Federal programs. Then they can do whatever they want. New York State’s GDP is close to $2 trillion, that’s trillion with a T. They can afford their own infrastructure.
I’m no fan of the Sierra Club, and no fan of government by lawsuit, but … Hey, a stopped clock is right twice a day.