Statement from NYC Comptroller Lander on DOJ Memo Casting Serious Doubts on the Legality of Trump’s Effort to Kill Congestion Pricing

April 25, 2025

New York, NY— New York City Comptroller Brad Lander released the following statement in response to reports that the federal government is replacing their own lawyers after their previous lawyers misfiled an internal memo to the courts. The memo casts serious doubts on the strength of the U.S. Department of Transportation’s case against New York State and the MTA over congestion pricing.

“The misfiled memo written by U.S. Attorneys in the Southern District shows that even Trump and Transportation Secretary Duffy’s lawyers know the truth: Trump and Duffy’s plan to kill congestion pricing in New York City has no legal basis.

“Yesterday’s revelation shows how important it was to get congestion pricing turned on before Trump entered office – and also how important it is to get your legal arguments in order! That’s why last year, when congestion pricing was put on pause, my office brought together a coalition of advocates and attorneys, including Michael Gerrard and Roderick Hills (who were both cited in yesterday’s New York Times story), to bring the two lawsuits that compelled its implementation.

“We knew that the cameras needed to be turned on before Trump entered office. Now, we have both the law and the facts on our side. Congestion pricing is working, traffic is down, travel is smoother, the air is cleaner, more people are on mass transit, and we’re able to invest in faster, safer, more accessible subways. Trump and Duffy are trying to destroy all of that. But even their lawyers know their arguments are bogus.

“Thanks to Governor Hochul and MTA President Janno Lieber for making clear the cameras are staying on, to the transportation advocates who have been working tirelessly for years, to the attorneys who brought the lawsuits to implement and defend congestion pricing. This is the formula for standing up to Trump and for making our city run better: design policies that actually make things run better, build broad coalitions, get your legal arguments in order, and don’t back down to bullies.”

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$285 billion
Feb
2025