The lawyers of the transport department seem to have accidentally uploaded an internal note detailing the Federal Agency Plan to kill congestion prices In New York, and admitted that it is “very unlikely” of success.
The presentation of 11 pages, which was aware In a judicial file and then quickly eliminated Wednesday night, he lists the holes in the legal arguments of the Secretary of Transportation Sean Duffy to stop the toll program that charges drivers who enter Manhattan below 60 street with a $ 9 rate.
The three government lawyers commissioned the defense of the Duffy measure in their argument that the federals have the right to obtain the approval of the first scheme in the nation, to which he received green light during the Biden administration under a DOT pilot pilot.
“It is unlikely that judge [Lewis] Border or more review courts will accept the argument that the [congestion pricing plan] He was not a ‘value price value’ authorized by statue under the pilot value pricing program, “says the letter.
“We have an unable leg to identify a convincing legal argument to support this position,” the lawyers continued, citing numerous examples of courts that give space to local governments to prove “new social and economic experiments.”
The lawyers were also skeptical about Duffy’s argument that congestion prices violates federal law because it does not sacrifice a free alternative for drivers.
And Duffy has pointed out that the amount of the toll was established based on how much money the State must collect for the Metropolitan Transportation Authority, and not as a way of relieving stagnation in Manhattan’s busiest streets.
“Neinder of these reasons … it is likely to convince the Court,” said the memorandum.
“It is very unlikely that the Judge Liman or the most review courts defend the secretary of the Secretary on the legal reasons articulated in the letter,” the lawyers wrote.
They also pointed out that Sprot that is not Duffy’s decision. Album production for the production of albums for the production of waves for the production of ages, including the particular secretary.
The lawyers pointed out another way where Duffy could potentially kill the plan through the Office of Administration and Budget “as a matter of priorities of changed agencies.” But they noticed that the argument could also be beaten in court.
A letter that Duffy sent to the government. Kathy Hochul this week After the second deadline of the federals so that the MTA stops collecting the tolls – That included a “formal” termination warning “seems to indicate that it is on board with a change strategy.
But the lawyers noticed the so -called “cooperative between the MTA and the federals” have no explicit termination disposition “, and that anyone could trigger another environmental review process to” evaluate the senine mining company. “
The memorandum appeared before the Federal Court of Manhattan, in the file of the MTA claim against the DOT that seeks to prevent federals from stopping the controversial program.
In Recent audience In the case, government lawyers have deferred the questions about the Trump administration movement to kill the price of anger to Duffy, saying that former reality show star was still “evaluating” what their next movements were if Hochul refused to refuse.
Hochul’s office did not immediately return a request for comments.
Traffic defenders rushed to celebrate the inadvertent exchange of the internal note.
“The filtration of last night shouts the quiet and strong part. The federals without fect have no case against the successful program of congestion help in New York,” said Riders’ Director of Riders Alliance Danny Pearlstein.
“Passengers and bus drivers will enjoy faster trips and subway passengers will gain reliable signals and accessible stations to arrive.”
