Empire State Review Team 
Leaked DOJ Memo Highlights Weaknesses in NYC Congestion Pricing Case
Location: New York City
An internal memo that was unintentionally submitted to court has sparked complications for federal prosecutors who are attempting to dismantle New York City’s congestion pricing program. The document, initially intended for internal review by the U.S. Department of Transportation, reveals significant doubts within the government regarding the strength of their legal arguments against the program.
The 11-page memo, which came to light through a filing error, candidly states that the government’s case is “very unlikely” to succeed. This admission raises questions surrounding the litigation strategy employed by Secretary of Transportation Sean Duffy’s legal team.
Key Insights from the Memo
The memo explicitly states that the claim suggesting congestion pricing violates federal law—specifically the argument regarding the lack of a toll-free alternative—would likely face rejection by both lower and higher courts. This acknowledgment of substantial litigation risk presents a potentially pivotal moment in the ongoing legal battle.
Government Response and Implications
In light of the revelations from the leaked memo, the Department of Transportation has decided to remove the Southern District of New York from the case, transferring jurisdiction to the Civil Division of the Department of Justice in Washington, D.C.
New York Governor Kathy Hochul has responded assertively to the confusion, standing by the legality and efficacy of the congestion pricing initiative. “Congestion pricing is legal, it’s working, and the cameras are staying on,” she stated, emphasizing the program’s intended benefits for the city.
Future Developments
The legal proceedings will now continue under the oversight of the Civil Division at the DOJ, leaving many to speculate about the potential outcomes for NYC’s controversial congestion pricing program. MTA Chair and CEO Janno Lieber expressed confidence that the program could not be unilaterally dismantled by federal authorities, underpinning the resolve of city officials to maintain the initiative.
