What to know about congestion pricing's future after Trump administration legal losses

Handing the Trump administration a second straight day of losses against its promise to end congestion pricing, a judge ruled this week that New York must be allowed to indefinitely keep tolling drivers below 60th Street in Manhattan. That means a continuation of the toll — $9 a day for most drivers — that the MTA says has reduced traffic speeds and is helping fund $15 billion in transit infrastructure.

Here are questions and answers about the future of congestion pricing, the nation’s first effort to toll drivers to reduce traffic, disincentivize driving, clear up the air and fund mass transit.

What’s the latest in court?

Ruling in a lawsuit filed by the Metropolitan Transportation Authority challenging the Trump administration’s withdrawal of approval for congestion pricing, Judge Lewis J. Liman of U.S. District Court for the Southern District of New York issued a 109-page opinion Wednesday imposing a preliminary injunction. That keeps the program alive while the case is adjudicated. Liman has prohibited Trump officials from forcing New York to end congestion pricing by withholding transportation funding and project authorizations, as the administration has for months threatened to do.

How is the judge’s order Wednesday different from his order Tuesday?

After hearing oral arguments for 90 minutes, Liman returned to the bench and issued a temporary restraining order expiring June 9 at 5 p.m. There was urgency: Transportation Secretary Sean Duffy had threatened to impose "compliance measures" starting Wednesday.

Is the MTA likely to win the lawsuit?

Liman thinks so, writing that the MTA has "established a likelihood of success" on claims the Trump administration "acted arbitrarily and capriciously" in how it voided a duly executed agreement for a public works project. Last month, the Southern District prosecutor's office, which had been handling the case, mistakenly filed an internal memorandum calling the Trump administration’s anti-congestion pricing strategy legally weak and unlikely to succeed. The memo was quickly withdrawn, the lawyers were scolded, and earlier this week, the Trump administration sent new lawyers — from Washington, D.C. — to argue the case.

What’s the lawsuit's timeline?

A schedule agreed upon earlier this spring by the MTA and the Trump administration have the case playing out into early fall, but Liman on Tuesday urged the parties to move as fast as possible.

What does the MTA say about the injunction?

A statement from its chairman and chief executive, Janno Lieber, said: "Congestion pricing isn’t just surviving, it’s thriving. We’re pleased that Judge Liman has put a stop to threats by Washington intended to deprive New Yorkers of the benefits of the program — less traffic, safer streets, cleaner air, and better transit."

How about the Trump administration?

U.S. Transportation Department spokeswoman Halee Dobbins said by email: "We’re looking at all available legal options, including an appeal. We won’t stop fighting for working-class Americans who [are] being unfairly charged to go to work, see their families, and contribute to New York’s tourist economy."

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.