Federal attorneys poke holes in effort to end congestion pricing in unintended filing

The document, written by lawyers in the Southern District of New York, was supposed to be an internal memo directed at the U.S. Department of Transportation.

Amanda Lee

Apr 25, 2025, 2:08 AM

Updated 4 hr ago

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An accidental admission by federal prosecutors says that the case to put a stop to congestion pricing might not be as strong as they want. The internal memo was released and now federal prosecutors are now trying to walk it back.
The document, written by lawyers in the Southern District of New York, was supposed to be an internal memo directed at the U.S. Department of Transportation. But instead, the document was accidentally filed in the lawsuit between New York and the Trump administration.
The memo explained that the current legal strategy to end congestion pricing had too many holes and recommended taking another route to bring the tolls to a halt.
On Thursday, a request to seal the filing was sent by those same three attorneys, representing U.S. Transportation Secretary Sean Duffy.
It reads in part: "At 9:04 p.m. last night, undersigned counsel inadvertently uploaded an attorney-client communication from this office to DOT to ECF rather than a letter intended for your honor. Immediately upon realizing this error, at 9:18 p.m., we contacted all counsel of record via email advising of this inadvertent filing of a privileged communication and requesting that they not download the document, or if they had downloaded it, to delete it."
The original document has been temporarily sealed. But it might be too little, too lat,e as the contents were already made public.