During his 2024 presidential election campaign, Donald Trump pledged to end New York City’s congestion pricing program. On Feb. 19, Sean Duffy, Trump’s secretary of transportation sent a letter to New York Gov. Kathy Hochul informing her that the administration was revoking federal approval for the program, citing the cost to motorists. In response, the city’s Metropolitan Transportation Authority filed a lawsuit to oppose the move.
New York’s first-in-the nation congestion pricing program, which levies a $9 fee on vehicles entering lower Manhattan, is designed to alleviate traffic gridlock and generate new funds to improve the city’s mass transit system. The program also aims to reduce harmful air pollution and carbon emissions that are a major contributor to the global climate crisis.
Last June, Gov. Hochul delayed implementation of the program shortly before it was to go into effect, but proponents of the program sued and won, and the new toll system went into effect on Jan. 5 this year. Between The Lines’ Melinda Tuhus spoke with Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia Law School, who coordinated the efforts of several groups that advocated for implementation of the congestion pricing program. Here, he provides an update on the congestion pricing toll operation thus far and the response to Donald Trump’s attempt to kill the program.
MICHAEL GERRARD: So last June, Gov. Hochul said that congestion pricing couldn’t start even though the Metropolitan Transportation Authority was all ready to start. We brought a lawsuit against her saying she didn’t have the authority to block it. We won that lawsuit and shortly after the election, congestion pricing started up. It’s gone very well so far. It’s led to a reduction in motor vehicle traffic into Manhattan and an increase in subway traffic.
However, President Trump, who all along has opposed congestion pricing now says he wants to stop it. The Federal Highway Administration wrote to the MTA saying, “You need to shut it down.” The MTA replied by suing. The MTA said that the Federal Highway Administration doesn’t have the power to stop it. And so this question is now in federal court. Congestion pricing will continue until and unless a federal judge says it has to stop.
MELINDA TUHUS: So in Trump world, he doesn’t follow the laws and it seems like there’s been several cases already where he’s defied judges’ rulings. So are you confident that this legal approach will get the result you’re hoping for?
MICHAEL GERRARD: I’m reasonably confident, but I can’t say 100 percent confident that if the court says that congestion pricing can continue, that they won’t be able to stop it. I don’t think they have the legal authority to stop it. And I think that at the end of the day, the government is likely to obey the courts.
MELINDA TUHUS: Michael Gerrard, when Gov. Hochul stopped congestion pricing, it was just a few weeks before it was supposed to go into effect last June and it didn’t actually start until six months later on Jan. 5 of this year. Do you think the fact that it started so close to when Trump took office would make it easier for him to get rid of it or is that irrelevant?
MICHAEL GERRARD: No, I think what’s important is that it started up before the inauguration. I think had it not started up until after the inauguration, it would’ve been easier for him to prevent it from starting. But once it started up, it makes it harder to stop.
MELINDA TUHUS: I’ve read that in the handful of cities where it’s been introduced, London is one of them, it was very unpopular at first, but became much more popular as people saw the positive impacts. You said it’s already resulted in less congestion and more people taking mass transit. I would imagine that one big benefit is that it would help clean up the air.
MICHAEL GERRARD: Right. It’s helpful with air pollution, except that these days, most motor vehicles have emission controls like catalytic converters. So, the air pollution issue is less now than it was 30 or 40 years ago before that technology was installed. Trucks, especially trucks and buses, heavy-duty vehicles are much dirtier- than passenger cars. And if congestion of those goes down as well, that’s very helpful. And there are obviously noise and vibration and accidents, all kinds of negative effects from motor vehicle traffic.
MELINDA TUHUS: Trump talked about how he’s saving New Yorkers and also said “Long Live the King” at the same time. Are there ways that lower-income people don’t have to pay the full $9 a day fee?
MICHAEL GERRARD: The toll scheme provides for a discount for low-income people who live south of 60th Street.
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