Friday’s Headlines: By the Way, Congestion Pricing is the Law

The movement for safe and livable streets was thrown into a panic yesterday when the Times published this: “The Trump administration is considering a move to halt New York City’s congestion pricing program, according to two people with knowledge of the matter.”

Setting aside whether the story is breaking news, ancient history or merely idle gossip, it’s important to note that the only way for President Trump to undo congestion pricing would apparently be to break the law.

Not that such guardrails constrain the 47th president, but it’s important to note nonetheless.

The five-bylined Times story was exceptionally thin on facts — especially on the central point: Could Trump legally withdraw the federal approval for congestion pricing? The closest that the Times five reporters were willing to go was, “Such a move would almost certainly touch off a legal battle.”

That’s an understatement because it looks like it would be illegal for the Trump administration to act unilaterally here. Why do I think that? Well, the mechanism for withdrawing the Finding of No Significant Impact would be to re-evaluate it.

And the rules covering when a re-evaluation is allowed do seem to grant Trump some leeway: “Sometimes there are changes to the proposed action, new information or circumstances, or there is a lapse of time between preparation of the environmental document and implementation of the action. This may trigger the need to revisit the [federal environmental] analysis if there is a remaining federal action.”

But those last seven words aren’t just throwaway. They’re the key — and they’re clarified later in the same document: “The re-evaluation can occur at any point after completion of the project’s environmental document or decision (for example [a] finding of no significant impact), but only to the extent there are remaining federal approvals for the project.”

Good news: There are no remaining federal approvals for congestion pricing. The deal has been signed. Yes, there are ongoing lawsuits, but those are challenging federal action — not suggesting that there are remaining federal approvals required.

So Trump would have to break the law to withdraw the Finding of No Significant Impact? Well…

The document does start by saying that it is “not legally binding in its own right” and that following it “is voluntary only.” So Trump will probably just Trump his way out of this.

That’s not to say that his agencies won’t fight congestion pricing by threatening to withhold other federal grant money from Gov. Hochul and the MTA (which is already happening, per Crain’s). But that’s a whole ‘nother issue.

Then again, it’s central: In his new agency-wide memo issued on Wednesday, new U.S. Department of Transportation Secretary Sean Duffy laid out a bunch of guidelines for how federal money would be doled out going forward. Number one on his list? “Utilize user-pay models.”

And congestion pricing is a user-pay model — in fact, it’s a market-driven strategy that any capitalist could love: As the supply of a finite resource (in this case, roadway space) diminishes, it’s basic capitalism (and, apparently Trumpism) to charge more for it. Yet Trumpets Council Member Vickie Paladino calls us “Marxists” for supporting congestion pricing. Heck, we’re more American than she is!

Everyone else followed the Times bombshell (NYDN, The Guardian, NY Post), but none raised the issues we’re raising. Yet.

— with Dave Colon

In other news:

• Cops are going to enforce quality-of-life offenses on the subway. What could possibly go wrong? (Gothamist, amNY)
• Meanwhile, subway fare evasion is way down. (amNY)
• It’s official: President Trump has chosen congestion pricing foe Marc Molinaro to run the Federal Transit Administration. (NY Times)
• The Trump administration is also coming for your samosa. (The City)
• Crain’s wrote about all the great things about congestion pricing and even mentioned that it’s made roadways safer. How about a link, next time?
• PATHpocalypse is coming. (NY Post, Gothamist)
• You gotta admit, they had a good, cobalt blue run. (Gothamist)