Federal prosecutors in New York are facing setbacks in their attempt to block the city’s congestion pricing program due to a leaked internal memo. Initially intended for internal review, this document has inadvertently become public, leading to embarrassment and legal complications for the government.

Key Findings from the Memo

The memo, a detailed 11-page document from the Southern District of New York, was mistakenly filed in court and has drawn significant attention due to its frank assessment of the government’s legal stance. It explicitly states that the likelihood of success for the case is “very unlikely,” placing the effectiveness of Secretary Sean Duffy’s arguments into question.

• The memo labels the claims that congestion pricing violates federal law, specifically due to the absence of a toll-free alternative, as weak.
• It predicts that such arguments may not hold up in court against both the presiding judge and higher judicial authorities.

Government Response and Legal Developments

In light of this internal revelation, the Department of Transportation has restructured its approach, officially transferring oversight of the case to the Civil Division of the Department of Justice located in Washington, D.C.

Local Reactions

Governor Kathy Hochul has reaffirmed the legality and efficacy of the congestion pricing initiative, asserting, “Congestion pricing is legal, it’s working, and the cameras are staying on.” This statement highlights her commitment to maintaining the program despite federal pushback.

MTA Chair Janno Lieber echoed these sentiments, expressing confidence that the program could not be dismantled unilaterally by the federal government, although he did not specifically address the memo during a recent radio interview.

Looking Ahead

The case is set to proceed under the newly assigned Civil Division of the DOJ. Stakeholders will continue to monitor developments closely as both legal teams prepare for the upcoming court proceedings.