Reinvent Albany Strongly Supports MTA’s Legal Action Defending Congestion Pricing
Reinvent Albany strongly supports the MTA’s decision to challenge any interruption of the successful congestion pricing program. Today’s announcement by the federal government that it is “unapproving” congestion pricing has no basis in law, is not supported by the facts, and will fail in court.
New York’s congestion pricing program was created under state law in 2019 and was approved by the federal government based on the federal Value Pricing Pilot Program (VPPP), which has been part of federal transportation laws dating back decades.
Under the Constitution of the United States, a president and their executive branch agencies do not have the power to override laws passed by Congress, nor do executive agencies have the power to withdraw federal authorization without a basis in fact. Speaking of facts, there is an abundance of public data showing congestion pricing has resulted in more foot traffic and less traffic congestion. There is no evidence showing congestion pricing has had a negative economic or societal impact.
Federal case law regarding agency reversal of federal approvals of Environmental Impact Statements and Assessments is well established. A federal agency must have new information that “significantly alters” the finding of environmental reviews before they can “unapprove” or reverse their previous approval.
We urge the Governor, Attorney General, NY Congressional Delegation, and other state elected officials to challenge this misguided Trump administration announcement in court and keep congestion pricing operating. Congestion pricing is working extremely well and is actually popular with motorists who regularly enter the tolling zone. Furthermore, congestion pricing is a public policy that provides clear benefits to the broader public because it reduces traffic congestion and associated costs of delay – thus its support from the business community – while raising essential funding for the MTA, the economic engine of New York.