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Trump plans to abolish the city toll. Hochuls…

Donald Trump has made no secret of his plans for New York's city toll program. In a social media post in May, the Republican presidential candidate promised that he would “FINISH City toll in my FIRST WEEK back in the office!!”

Trump doesn't always keep his promises, but this time he could make good. If elected in November, there are at least three ways he could end the program or hold it up for years. Even one more delay would be disastrous for the Metropolitan Transportation Authority's budget.

Does Gov. Kathy Hochul have a plan to stop it? She unilaterally suspended the program in June, a move now being challenged by two lawsuits. At the Democratic convention last week, she said she plans to introduce a replacement around the new year.

But that might be too late.

“If the congestion charge does not go into effect by the time of inauguration, it would be very vulnerable to a new Trump administration,” says Michael Gerrard, a professor at Columbia Law School who helped coordinate the lawsuits against Hochul.

A new Trump administration, which would take office on Jan. 20, could stop the program by denying final approval, revoking the environmental permit or giving in to a lawsuit seeking to delay the program.

Hochul on a podium

Hochul's office did not respond to questions about how it plans to prevent a possible Trump administration from eliminating the program. Spokesman John Lindsay said only that the governor “is committed to MTA Capital Plan and is working with partners in government on financing mechanisms while the congestion charge is suspended.”

One way to minimize the risk of Trump derailing the program? It should be launched before January 20.

“It would be very difficult for the Trump administration to reverse the system once it is already underway,” Gerrard said.

This is especially true if the toll money has already been used, says Fred Wagner, former chief adviser to the Federal Highway Administration and an expert in transportation law.

“Once you have the permit in your pocket and start building the projects that are going to be funded by the congestion charge, it is much more difficult for a federal agency at that point to revoke the permits or withdraw the funds,” he said.

Hochul will need approval from the House to make any significant changes to the program. Some lawmakers have expressed openness to changes, such as lowering the proposed $15 toll, but consensus is unlikely to be reached quickly when lawmakers return to Albany from their six-month recess in January.

“I don't believe that changes to the congestion charge that require legislative action could be passed quickly,” said Senator Liz Krueger, chair of the Chamber of Commerce's influential finance committee and a strong proponent of the congestion charge.

If congestion charges are not introduced, this will likely result in MTA It misses more than $16 billion for needed public transit improvements and means the end of air quality and traffic reduction improvements planned for Manhattan and the New York City region.

Hochul declined to provide details about how she plans to finance the effort. MTA without there being a city toll or a commitment to implementing the reduction in traffic volume and greenhouse gas emissions promised in the programme.

A second Trump administration would have at least three options to end the program.

1. Refusal to sign the document authorizing the program.

In order for the city toll to come into force, a final approval document must be issued by the Federal Ministry of Transport, the State Ministry of Transport, the MTAand New York City. Hochul has ordered the state's transportation commissioner, Marie Therese Dominguez, not to sign that document, and the administration has said it will not take action until New York does.

One of the lawsuits against the Hochul administration is asking the judge to order Dominguez to sign the document, but whether that will succeed is unclear. If the status quo still existed when Trump took office, it is likely that his Department of Transportation would simply refuse to sign the document, stalling the program at least until 2029, when a new president takes office.

“I could well imagine that the Federal Government [Department of Transportation] “She refused to sign so that the introduction of a congestion charge would not be possible,” said Gerrard.

The Trump administration could be sued for this decision, in which case it would have to explain why it changed its stance after the federal government had already approved the program under Biden.

2. Demand a more detailed environmental study – and delay it.

If the congestion charge has not yet been introduced when Trump takes office, he could undo the 868-page environmental impact assessment in which the US Department of Transportation concluded that the congestion charge would not harm the environment – a necessary prerequisite for the approval of the project.

Instead, he could order the ministry to prepare a longer and more thorough study, a so-called environmental impact statement. (Yes, the short Version.) This could delay the implementation of a congestion charge for months or even years, as presidents of both parties have refused to approve environmental impact statements as a strategy to block projects they dislike.

“I do not believe that changes to the congestion charge that require legislative action could be passed quickly.”

— Senate Finance Committee Chair Liz Krueger

A notable recent example was Trump's delay in approving the Gateway rail tunnel under the Hudson River during his first term, Wagner said. The environmental study was completed in May 2018 but not approved until May 2021, months after Trump left office, despite protests from Democrats demanding his administration move more quickly.

Revocation of an environmental permit is not a common practice, but has happened in the past.

If Trump were to pursue this approach, the state of New York or the MTA could sue to reverse the decision and reinstate the shorter study. Experts were divided on which side would prevail.

A Long Island Rail Road conductor stands on a train and gestures with his hand.

“To revoke the permit, you would have to show evidence of a previous error in the several thousand pages of the environmental impact assessment,” said Roderick Hills, a law professor at New York University who is involved in one of the lawsuits against Hochul. “I don't see how the Trump administration could have such power.”

Wagner was more optimistic about Trump's chances.

“It is very rare that a government decision to conduct further environmental analysis can be challenged and reversed,” even when the decision appears to have been made in bad faith, he said. “The government will never lose a case like this.”

3. Changing sides in a legal dispute with the aim of terminating the program.

The state of New Jersey is currently suing the federal government to delay the implementation of a congestion charge. The Garden State's lawyers claim that the potential environmental damage to New Jersey was not fully examined in the environmental report and are asking the judge to order a more thorough review by the Department of Transportation.

The U.S. Department of Justice is opposing the lawsuit and is defending the congestion charge in court. However, Trump could order the department to drop its opposition to New Jersey. Instead, a Trump administration could seek a settlement in which it gives in to New Jersey's demand for a more thorough investigation, effectively putting the program on hold.

The MTAwhich is also a defendant in the case, could object to the move, but ultimately “it is up to the court's discretion” whether to allow the settlement, Gerrard said.

If Trump wins, lawmakers could rush to pass a modified version of the congestion charge when they return to Albany in January. But even if they do, there's no guarantee the Biden administration will be able to approve it before the change is made, Kathryn Wylde said. Managing Director Member of the Partnership for New York City business group and a vocal supporter of the congestion charge.

“When regime change occurs, very few decisions are made in Washington in the final months,” she said. “It is dangerous to assume that we can make progress at the end of the year.”