Lawyers for the federal government briefly published internal correspondence on Wednesday evening detailing a laundry list of flaws in the U.S. Department of Transportation’s legal strategy to shut down the MTA’s congestion pricing tolls.
DOT pilot program – the Value Pricing Pilot Program – that allows local governments to impose tolls on federally funded roads.
“It is unlikely that Judge [Lewis] Liman or further courts of review will accept the argument that [congestion pricing] was not a statutorily authorized ‘value pricing’ pilot” by the federal government, the letter states.
Still, the letter notes that argument isn’t airtight because the DOT did not give the MTA any money to launch congestion pricing.
MTA officials did not immediately respond to a request for comment, but the filing suggests their bid to continue collecting the congestion pricing tolls is on solid ground.
Duffy at first gave the agency a March 21 deadline to kill the program, then pushed it back to April 20.
Congestion pricing was first authorized by state lawmakers in 2019, and is required to finance $15 billion worth of repairs to the MTA’s mass transit infrastructure. »
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