By David Shepardson
WASHINGTON (Reuters) – The U.S. Attorney’s Office in Manhattan apologized on Thursday for accidentally filing an internal government letter that cast significant doubt on the Transportation Department’s effort to kill New York’s congestion pricing program in New York.
Lawyers for the office late Wednesday erroneously filed an April 11 letter that said it was very unlikely that Judge Lewis Liman or further courts would uphold Transportation Secretary Sean Duffy’s decision.
A spokesperson for Duffy blasted the U.S. Attorney’s Office suggesting they were either incompetent or attempting to intentionally obstruct the effort.
“At the very least, it’s legal malpractice. It’s sad to see a premier legal organization continue to fall into such disgrace,” the spokesperson said.
A spokesperson for the U.S. Attorney’s Office said the filing was “an honest error and was not intentional in any way. Upon realizing the error, we immediately took steps to have the document removed. We look forward to continuing to vigorously advocate in the best interest of our clients, the DOT and (Federal Highway Administration).”
The office apologized for the error in a letter to Judge Liman Thursday and asked him to seal the filing.
New York in early January launched its first-in-the-nation program that charges most passenger vehicles a $9 toll during peak periods to enter Manhattan south of 60th Street to reduce congestion and raise money for mass transit improvements.
Duffy on Monday told New York Governor Kathy Hochul USDOT may withhold environmental approvals or project funding if the state does not end congestion pricing.
This week, Hochul ignored a deadline set by Duffy to end the program. Hochul’s office said Thursday the government’s filing “doesn’t change the facts: congestion pricing is legal, it’s working and the cameras are staying on.”
Evergreen Action States, an environmental group said government lawyers “said it better than we ever could: Duffy’s case is flimsy, and his illegal order is falling apart.”
USDOT under Democratic President Joe Biden, had approved the congestion program in November, which is monitored via electronic license plate readers. U.S. approval is needed because it involves tolls on federal highways.
The program, which follows similar programs in London and Singapore, aims to raise revenue to fund mass transit. Officials say it has sharply cut down traffic and speeded the flow of vehicles.
Opponents, including Duffy, say the scheme takes money from working people and leaves drivers without a free highway option.
(Reporting by David Shepardson, Editing by Nick Zieminski)
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