President Trump has aggressively intervened in New York City affairs. He shocked Columbia University by stripping away government grants and contracts and demanding an overhaul of its admissions and disciplinary rules.
His administration threatened to cut off funding to the Metropolitan Transportation Authority unless it provided a long list of statistics on subway crime.
And even before he took office, Mr. Trump had his sights on congestion pricing.
Trump officials have given New York until Friday to end the embattled tolling program. It aims to reduce traffic and pollution while raising billions for public transit but has drawn opposition.
New York leaders have vowed to continue charging the tolls. And while the March 21 deadline is largely symbolic, it could be a prelude to a broader legal and political battle that could drag out for years.
On Tuesday, Sean Duffy, the U.S. transportation secretary, sent a letter to the M.T.A. raising concerns about crime on the subway and seeking data, most of it already publicly available. While he made no mention of congestion pricing, some transportation and legal experts questioned the timing of the letter and whether it was a thinly veiled attempt to get more leverage over the M.T.A.
“It’s entirely possible that this is a means to a predetermined end,” said Justin Balik, a former city transportation official who is now a vice president at Evergreen Action, an environmental advocacy group. “There is a gun to the head of mass transit and sustainable policy in general,” he added.
Last month, Mr. Duffy informed Gov. Kathy Hochul of a federal reversal on the tolling plan, which had been approved by the Biden administration.
The M.T.A. immediately sued federal officials in U.S. District Court in Manhattan, arguing that they could not unilaterally reverse a program that had been thoroughly vetted.
It was the latest hurdle for congestion pricing, a plan that was decades in the making and has become a litmus test for political allegiances and a wedge between urban and suburban voters. Beyond the New York City region, it joins a growing list of policies that Mr. Trump has targeted for rhetorical gain.
Mr. Trump has promised to end congestion pricing and could employ a range of tactics to get his way, legal experts said. He has expressed concern that the tolls would draw visitors and businesses away from Manhattan, though there has been little evidence of that so far.
Most passenger cars are charged $9 during peak hours to enter the congestion relief zone, which runs from 60th Street to the southern tip of Manhattan. Trucks pay $14.40 or $21.60 depending on size. Tolls are discounted by 75 percent overnight.
The skirmishes over congestion pricing have left some drivers wondering if they still have to pay the tolls and created uncertainty for the M.T.A., which is counting on the revenue to raise $15 billion for critical repairs and upgrades.
A Contested Deadline
Mr. Duffy said in his letter to Ms. Hochul that the tolling plan prioritizes raising funds for the M.T.A. over reducing traffic, a criticism echoed by other opponents who have slammed congestion pricing as a cash grab. He also said it takes money from drivers to pay for a transit system and not a highway.
Janno Lieber, the chief executive and chair of the M.T.A., said at a news conference on Tuesday that the toll, now running for 10 weeks, has been “successful by every standard” and the agency has no plans to turn it off.
Sam Spokony, a spokesman for Ms. Hochul, also said this week that the cameras are staying on. Since congestion pricing started, he added, “traffic is down and business is up — and that’s the kind of progress we’re going to keep delivering for New Yorkers.”
If the tolls remain in place past the Friday deadline, it would be up to Washington to make the next move, such as filing a lawsuit against the M.T.A. or requesting a court order to force it to comply.
The U.S. Department of Transportation did not respond to a request for comment.
The M.T.A.’s Case
M.T.A. leaders contend that the federal government does not have the legal authority to unilaterally undo its agreement with the M.T.A. and city and state transportation departments.
It is not uncommon to have disputes over the terms of multiagency agreements. But those are typically resolved before federal officials sign on the dotted line, said Roderick M. Hills, Jr., a law professor at New York University who has written a legal brief in support of congestion pricing.
“You would throw the intergovernmental system in chaos if the Feds could always just change their minds,” Mr. Hills said.
The federal mechanism used to authorize the congestion toll, known as the Value Pricing Pilot Program, was created in 1991 and has enabled different versions of road tolls in several states, including Florida and Texas. Selectively scrutinizing New York’s authorization under that program could undercut the federal government’s argument, Mr. Balik said.
Legal Battles Ahead
New York’s congestion pricing plan has faced several legal challenges from opponents, including the state of New Jersey, the Staten Island borough president, Vito J. Fossella, and the leaders of Rockland and Orange Counties.
Critics have argued that the tolling plan punishes drivers especially outside Manhattan where transit options are more limited, shifts traffic and pollution to other areas and leads to higher costs for some city residents and small businesses.
Jack Lester, a lawyer who represents a group of city residents who have sued over congestion pricing, said that federal officials share their concerns that the tolls pose a burden.
However, he added, “the federal government must recognize that congestion pricing can only be terminated with finality through a judicial determination.”
The M.T.A.’s quick move to sue federal officials could ultimately prove to be a smart strategy, legal experts said. The case has been assigned to Judge Lewis J. Liman, who has previously rejected key arguments in lawsuits against the tolling plan and denied requests to block it from starting in January.
Federal Money Could Be at Risk
Trump officials may turn to other avenues to try to derail congestion pricing, including threatening to withhold or delay federal funding for other New York projects like the long-sought expansion of Pennsylvania Station, legal and political experts said.
If that were to happen, New York leaders would then have to sue the federal government for the money.
The federal government’s attempted reversal of congestion pricing could also undermine the municipal bond market, which relies on stable decision making, and borrowing costs could climb significantly for publicly financed projects, said Tom Wright, president and chief executive of the Regional Plan Association, which supports the program.
The M.T.A. expects to collect close to $40 million in the first month of tolling, which will be used to borrow significantly more in the bond market.
The Court of Public Opinion
In a Quinnipiac poll earlier this month, a majority of survey respondents said they opposed the toll. But nearly half of respondents, or 49 percent, also said they did not approve of President Trump’s attempt to kill the plan.
Early data suggests that congestion pricing is working.
In the first week of March, about 559,000 vehicles entered the congestion zone, 13 percent fewer vehicles than the weekly average in 2022 and 2023, according to Juliette Michaelson, the deputy chief of policy at the M.T.A.
Additionally, retail sales in the tolling zone in January were up 1.5 percent, compared with the same time last year, and there was a 6.7 percent increase in the number of people who traveled to work in the area in February, Ms. Michaelson said. Foot traffic and attendance at Broadway shows have also risen.
In terms of public safety, traffic crash injuries in the congestion pricing zone are down since the start of the toll, said Danny Pearlstein, a spokesman for Riders Alliance, a transit advocacy group. That point was conspicuously absent in the secretary’s latest letter, he noted.
“Rather than threaten to defund our trains,” he said, “the secretary should get on board and see the progress we’re making.”