New York Skyscrapers by Darkest, licensed under CC
Just two months after New York finally implemented its congestion tax, President Trump used his constitutional power as president to end the policy once and for all, delighting New Yorkers of all sides, who will soon no longer be forced to pay $9 just for the privilege of using public roads.
The governor, of course, immediately responded with a lawsuit. According to New York, the Federal Highway Administration (FHA), whose approval was necessary for this policy to exist in the first place, doesn’t have the authority to repeal that approval.
As far as legal arguments go, it seems like this one may have some holes.
One of the cruxes of New York’s case is that the policy is a success. If the Trump administration can prove that they’re not “arbitrarily” revoking their approval and that congestion pricing is truly is harmful with little benefit, that knocks down most of their argument.
Of course, mainstream media outlets like CNN and ABC are all touting this policy as a massive success. It made $50 million in the first month, after all.
Well, $50 million is hardly an inch deep into the massive crater of the MTA’s budget shortfall – the shortfall they meant to address with this policy. $50 million a month only amounts to $600 million in a year, which doesn’t even break 2% of the 33 billion New York would have to scrounge merely to break even.
Moreover, even if the tax was more than a dent in the MTA’s cost, the FHA still wouldn’t have to allow it. The FHA’s priority is highways first and foremost. Transportation Secretary Sean Duffy presented this argument in his letter explaining himself.
“Commuters using the highway system to enter New York City have already financed the construction and improvement of these highways through the payment of gas taxes and other taxes. But now the toll program leaves drivers without any free highway alternative, and instead, takes more money from working people to pay for a transit system and not highways.”
All in all, it’s likely that the courts will side with the Department of Transportation since there’s ample reason to revoke approval for this highly flawed tax. In the meantime, New Yorkers will have to continue paying to use roads they already paid for. However, taxpayers can now take comfort in the fact that congestion pricing is soon to end, at least in the form that it exists today.
