MTA and Federal Transport Secretary Clash Over Tolls

The ongoing dispute over congestion pricing has intensified, particularly involving the Metropolitan Transportation Agency (MTA) and Transport Secretary Sean Duffy. Recently, Duffy issued a fourth deadline regarding the halt of the $9 tolls for drivers entering Manhattan.

In two letters sent to Duffy, the MTA, along with the state Department of Transport, dismissed his deadlines, labeling them as irrelevant and devoid of substance. They suggested that threats to cut federal funding were, perhaps, an empty gesture.

This latest deadline, set for May 21, was part of a prior communication directed to Governor Kathy Hochul from last month. A previous letter dated April 21 gave Hochul an additional 30 days to comply, asserting that the U.S. Department of Transport might not overlook New York’s regulatory missteps.

Yet, state agencies have labeled this call for compliance as “procedurally inappropriate.”

The MTA’s legal representatives have been vocal about their stance, clarifying that they will not heed Duffy’s warnings, especially after he claimed federal approval for a significant national initiative.

Lawyer Roberta Kaplan noted in her correspondence that the pricing mechanism seemed to have already been terminated without adequate notification, emphasizing that this could simply be a superficial attempt to appear compliant.

Kaplan remarked that Duffy could not retroactively justify a flawed process through mere exchanges of letters. She underscored that the procedural justice expected had been undermined.

Moreover, the state’s letter hinted that Duffy might be formulating new legal arguments to support his stance. Last month, Hochul had mentioned her ongoing efforts to resolve the policy issues highlighted by Duffy in a previous communication.

State Attorney General Andrew Frank pointed out that Duffy’s prior letter did not explicitly state that these policy concerns were legitimate grounds for his decisions.

Kaplan further argued that these purported policy issues seemed more like an afterthought or an attempt to justify illegitimate actions aimed at ending the congestion pricing initiative.

Additionally, comments suggest that the concerns raised align with views expressed in a memo from the Department of Justice, which questioned the legal foundations of Duffy’s initial letter, deeming them “very unlikely” and encouraging a focus on policy changes instead.

A federal spokesman stated that the government would review New York’s responses to gauge compliance. The latest legal developments include opposition to the MTA’s request for a preliminary injunction, alongside calls for judicial action to prevent Duffy from retaliating against agencies that refuse to cease toll collection.

This memo highlighted that the decision-making processes at the U.S. Department of Transportation are still very much ongoing.