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NYC congestion pricing tolls staying on after Trump administration moves to end the program

What to know about the latest legal fight over congestion pricing | Team coverage
What to know about the latest legal fight over congestion pricing | Team coverage 04:54

As President Donald Trump attempts to end congestion pricing in New York City, Gov. Kathy Hochul says the toll scanners will stay on.

Nearly two months into congestion pricing, the program's future has been thrust into limbo as it faces serious legal challenges.  

Hochul called the Trump administration's decision to revoke its approval an attack on the city, and the MTA filed a complaint against the U.S. Department of Transportation to reverse it. 

"We had a 50-page complaint ready to go and we hit the button to file it about three minutes after, at least, the official release of [Transportation] Secretary [Sean] Duffy's letter," MTA Chair and CEO Janno Lieber said in an interview Thursday.

Hochul was fired up Wednesday after receiving Duffy's letter warning that his office would contact New York to "discuss the orderly cessation" of congestion pricing. Duffy also pointed a finger at the governor, saying, "She never did a study to say, 'I really care about congestion and I want to reduce congestion, so I'm going to look at how much money should I charge in a toll and how much will that reduce congestion?' That analysis was never done."

Mr. Trump declared on social media that he killed the congestion pricing program, adding, "long live the king."

"New York hasn't labored under a king in over 250 years, and we sure as hell are not going to start now," Hochul responded. 

No more congestion pricing? MTA says not so fast

The controversial tolling plan was approved by the Biden administration last year before launching on Jan. 5 of this year

Under the plan, most drivers are charged $9 to enter Manhattan below 60th Street. The MTA says it has proven to be effective at reducing traffic

"It's not really even a close case. Under the rules, the federal government cannot unilaterally terminate the program once it's begun," Lieber said in the interview. "There are lots of ways that it can get terminated, but they always have to include the agency that's running the program." 

The Trump administration sees it differently. 

"You can't take American taxpayers who paid for roads and block them out and say you can't access this unless you pay additional money," Duffy said in the administration's defense. 

The MTA filed a complaint against Duffy and said it will not turn off the toll readers any time soon. Officials say there is no contingency plan for losing that funding, which accounts for nearly $15 billion toward improving mass transit

The MTA is now in a tough position as it continues to defend congestion pricing while also pressing the federal government for a portion of its $68 billion capital program to fund a list of other projects that are not supported by the toll.

Legal experts say the Trump administration has a tough case in front of them.

"Because the program is already in place, the status quo is on the side of congestion pricing, and the parties seeking to undo the status quo in court bears a high burden," constitutional law professor James Sample said.

Lawmakers react to New York congestion pricing news

Officials across the Tri-State Area are divided on the decision.

"New Yorkers are starting to buy into congestion pricing and are seeing its positive effects," Brooklyn Borough President Antonio Reynoso said.

He spoke with CBS News New York on Thursday morning and called the move to stop the program "more foolishness." 

"We have a legal challenge that we are going to be putting forward, and the governor is absolutely right, we've done everything that was necessary for us to be able to implement this plan -- and it's working," he said, pointing to reduced traffic, as well as increased mass transit ridership and foot traffic for small businesses. 

Reynoso said his constituents rely on mass transit and will benefit from the money congestion pricing brings in.

"Here in Brooklyn, the majority of people that are traveling to work and back home are doing it on the subway system," he said.

He also pointed to other transportation projects, like bike lanes, bus lanes and pedestrian plazas, that were initially met with opposition but later considered a success. 

"This is another one of those things where, because people aren't familiar and people are afraid of change, they push back on. But in time, they see the values of these transportation initiatives to the city of New York," he said.

Staten Island, Long Island leaders celebrate President Trump's order

Others are celebrating the fact Mr. Trump delivered on his campaign promise to kill the toll.

Staten Island Borough President Vito Fossella checked back in Thursday morning, saying Mr. Trump "did a great thing for the people of Staten Island, New York City and the region."

"We've been arguing since the inception of this that it was going to hurt the people of Staten Island financially, worse air pollution, increased traffic. Sure, it would help some and sure to raise money, but at what expense?" he said  

"In the next several weeks in court, we hope that common sense prevails and the MTA steps back or the political leadership that supports this steps back, because they have to deal with the federal government over the next several years," he added. "I don't think you want to be in a position where the federal government is saying, 'you didn't do it correctly,' as we maintained in our lawsuit, and 'now you have to come to us for billions of dollars that we may or may not give you.'"

Other outspoken critics came from Long Island, where leaders took a victory lap Wednesday, convinced their lawsuits, including one filed by the Town of Hempstead, have been a driving factor in killing the program. 

New Jersey politician wants MTA to issue refunds on tolls

In New Jersey, where lawmakers campaigned fiercely against congestion pricing for months, the president's order came as welcome news. Gov. Phil Murphy thanked Mr. Trump and Duffy, saying he supports a form of congestion pricing to protect the environment, but he called the current structure "a money grab for the MTA."

Some opponents to the program want it to be frozen immediately. New Jersey Rep. Josh Gottheimer is demanding New York stop the congestion pricing toll now.

"What I have said is Governor Hochul is going to have to reimburse every Jersey driver. If they're continuing to keep those on, everyone should keep track because I think they're going to have to reimburse everyone starting today," he said.

The borough of Fort Lee joined New Jersey in a lawsuit against New York to stop congestion pricing.

"You've got to let people get that bill with that extra 200, 300 bucks of E-ZPass dollars that they're paying, and they're going to have to rethink what it is that they're doing," Fort Lee Mayor Mark Sokolich said.

Gottheimer and Sokolich are not talking about New Jersey's next legal move, but Murphy has told commuters to "stay tuned."

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