Feds accidentally upload internal memo detailing plan to kill congestion pricing — and admit it’s ‘very unlikely’ to succeed

Lawyers for nan Department of Transportation look to person accidentally uploaded an soul memo detailing nan federal agency’s scheme to termination congestion pricing successful New York — and admitted that it’s “very unlikely” to succeed.

The 11-page filing, which was posted connected a tribunal docket and past quickly deleted precocious Wednesday, lists nan holes successful Transportation Secretary Sean Duffy’s ineligible arguments to extremity nan tolling programme that charges drivers entering Manhattan beneath 60th Street pinch a $9 fee.

The 3 authorities lawyers tasked pinch defending Duffy’s move formed uncertainty connected his statement that nan feds person nan correct to propulsion support for nan first-in-the-nation strategy — which was fixed nan greenish ray during nan Biden management nether a DOT aviator program.

“It is improbable that Judge [Lewis] Liman aliases further courts of reappraisal will judge nan statement that nan [congestion pricing plan] was not a statutorily authorized ‘value pricing’ aviator nether nan Value Pricing Pilot Program,” nan missive reads.

“We person been incapable to place a compelling ineligible statement to support this position,” nan lawyers continued, citing galore examples of courts giving section governments abstraction to effort “novel societal and economical experiments.”

The attorneys were besides skeptical astir Duffy’s statement that congestion pricing violates national rule because it doesn’t connection a toll-free replacement for drivers.

And Duffy has pointed retired that nan toll magnitude was group based connected really overmuch money nan authorities needs to raise for nan Metropolitan Transportation Authority — and not arsenic a measurement to really alleviate gridlock connected Manhattan’s busiest streets.

“Neither of these reasons … is apt to person nan court,” nan memo said.

“It is very improbable that Judge Liman aliases further courts of reappraisal will uphold nan Secretary’s determination connected nan ineligible grounds articulated successful nan letter,” nan lawyers wrote.

They besides noted that since different than Duffy’s determination itself location appears to beryllium “no different worldly supporting aliases explaining nan DOT’s alteration of position,” that could put nan agency astatine consequence of “extra-record discovery… including requests for accumulation of emails and depositions of agency officials, including nan Secretary successful particular.”

The lawyers pointed retired different avenue wherever Duffy could perchance termination nan scheme done nan Office of Management and Budget “as a matter of changed agency priorities.” But they noted that statement could besides beryllium smacked down successful courts.

A missive Duffy sent to Gov. Kathy Hochul this week after nan feds’ 2nd deadline for nan MTA to extremity collecting nan tolls — which included a “formal ‘notice of termination'” — appears to bespeak he’s connected committee pinch shifting strategy.

But nan lawyers noted nan alleged “cooperative agreement” betwixt nan MTA and nan feds “does not person immoderate definitive termination provisions,” and that immoderate alteration could trigger different biology reappraisal process to “assess nan biology impacts of terminating” nan congestion pricing scheme.

The memo was revenge pinch Manhattan national court, connected nan docket for nan MTA’s suit against nan DOT seeking to extremity nan feds from halting nan arguable program.

In a recent hearing successful nan case, nan authorities attorneys person deferred questions astir nan Trump administration’s move to termination congestion pricing to Duffy, saying that nan erstwhile reality TV prima was still “evaluating” what his adjacent moves were if Hochul continues to garbage to comply.

Hochul’s agency didn’t instantly return a petition for comment.

Transit advocates were speedy to observe nan inadvertent sharing of nan soul memo.

“Last night’s leak screams nan quiet portion loud. The feckless feds person nary lawsuit against New York’s immensely successful congestion alleviation program,” said Riders Alliance Policy & Communications Director Danny Pearlstein.

“Bus riders and drivers will bask faster commutes and subway riders will beryllium winning reliable signals and accessible stations for a very agelong clip to come.”