DOT questioned on MTA congestion pricing review after agency said it would rescind prior approval
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Summary
Rep. Nadler and other lawmakers pressed Secretary Duffy about the department's attempt to revoke Federal approval for New York City's congestion pricing plan after a full NEPA review; Duffy defended his focus on equity and access to roads, while critics said the program had already completed environmental review and had been cleared by FHWA.
WASHINGTON
A contentious exchange at a House hearing highlighted a dispute between the Department of Transportation and New York officials over federal review of the Metropolitan Transportation Authority's congestion pricing program.
Representative Jerrold Nadler and other members criticized Secretary Duffy for questioning the prior environmental review and indicated DOT's attempt to rescind approval after the Federal Highway Administration formally cleared the program would be unprecedented.
Why it matters: The debate tests the limits of executive agency review after a project completes NEPA analysis and receives federal clearance. Members argued rescinding approval after a completed environmental process would disrupt long-planned local policy and investment.
Key details
- NEPA review and FHWA clearance: Members said the congestion pricing program went through a nearly 4,000-page environmental assessment and was formally cleared by the Federal Highway Administration. They asked Duffy whether he could cite precedent for rescinding a cleared NEPA decision.
- DOT concerns: Duffy said he had questioned certain aspects of the program, particularly exceptions that allow law enforcement and certain VIP flights near DCA to avoid transponder requirements, and expressed concern about program design that he said could limit road access for lower-income drivers.
- Political and legal debate: Members accused the department of mischaracterizing facts and of attempting to use executive action to overturn locally approved policy. Duffy said his priority is safety and equity and that the department will review the traffic and environmental documents closely.
What remains unresolved: Whether DOT will take formal steps to rescind approval, what legal basis the department would invoke and how that would interact with prior FHWA clearance and ongoing local implementation plans.