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“I am increasingly becoming irrelevant in the public conversation,” says Kate Marvel, a climate scientist who until recently worked at NASA’s Goddard Institute for Space Studies. “And I love it.”
For years, such an exalted state was denied to Marvel. Every week, it seemed, someone — a high-profile politician, maybe, or a CEO — would say something idiotic about climate science. Journalists would dutifully call her to get a rebuttal: Yes, climate change is real, she would say, yes, we’re really certain. The media would print the story. Rinse, repeat.
A few years ago, she told a panel, half as a joke, that her highest professional ambition was not fame or a Nobel Prize but total irrelevance — a moment when climate scientists would no longer have anything useful to tell the public.
That 2020 dream is now her 2023 reality. “It’s incredible,” she told me last week. “Science is no longer even a dominant part of the climate story anymore, and I think that’s great. I think that represents just shattering progress.”
We were talking about a question, a private heresy, I’ve been musing about for some time. Because it’s not just the scientists who have faded into the background — over the past few years, the role of climate science itself has shifted. Gradually, then suddenly, a field once defined by urgent questions and dire warnings has become practical and specialized. So for the past few weeks, I’ve started to ask researchers my big question: Have we reached the end of climate science?
“Science is never done,” Michael Oppenheimer, a professor of geosciences and international affairs at Princeton, told me. “There’s always things that we thought we knew that we didn’t.”
“Your title is provocative, but not without basis,” Katharine Hayhoe, a climate scientist at Texas Tech University and one of the lead authors of the National Climate Assessment, said.
Not necessarily no, then. My question, I always clarified, had a few layers.
Since it first took shape, climate science has sought to answer a handful of big questions: Why does Earth’s temperature change so much across millennia? What role do specific gases play in regulating that temperature? If we keep burning fossil fuels, how bad could it be — and how hot could it get?
The field has now answered those questions to any useful degree. But what’s more, scientists have advocated and won widespread acceptance of the idea that inevitably follows from those answers, which is that humanity must decarbonize its economy as fast as it reasonably can. Climate science, in other words, didn’t just end. It reached its end — its ultimate state, its Really Big Important Point.
In the past few years, the world has begun to accept that Really Big Important Point. Since 2020, the world’s three largest climate polluters — China, the United States, and the European Union — have adopted more aggressive climate policies. Last year, the global clean-energy market cracked $1 trillion in annual investment for the first time; one of every seven new cars sold worldwide is now an electric vehicle. In other words, serious decarbonization — the end of climate science — has begun.
At the same time, climate science has resolved some of its niggling mysteries. When I became a climate reporter in 2015, questions still lingered about just how bad climate change would be. Researchers struggled to understand how clouds or melting permafrost fed back into the climate system; in 2016, a major paper argued that some Antarctic glaciers could collapse by the end of the century, leading to hyper-accelerated sea-level rise within my lifetime.
Today, not all of those questions have been completely put aside. But scientists now have a better grasp of how clouds work, and some of the most catastrophic Antarctic scenarios have been pushed into the next century. In 2020, researchers even made progress on one of the oldest mysteries in climate science — a variable called “climate sensitivity” — for the first time in 41 years.
Does the field have any mysteries left? “I wouldn’t go quite so far as angels dancing on the head of a pin” to describe them, Hayhoe told me. “But in order to act, we already know what we need.”
“I think at the macro level, what we discover [next] is not necessarily going to change policymakers’ decisions, but you could argue that’s been true since the late 90s,” Zeke Hausfather, a climate scientist at Berkeley Earth, agreed.
“Physics didn’t end when we figured out how to do engineering, and now they are both incredibly important,” Marvel said.
Yet across the discipline, you can see research switching their focus from learning to building — from physics, as it were, to engineering. Marvel herself left NASA last year to join Project Drawdown, a nonprofit that focuses on emissions reduction. Hausfather now works at Frontier, a tech-industry consortium that studies carbon-removal technology. Even Hayhoe — who trained as a climate scientist — joined a political-science department a decade ago. “I concluded that the biggest barriers to action were not more science,” she said this week.
To fully understand whether climate science has ended, it might help to go back to the very beginning of the field.
By the late 19th century, scientists knew that Earth was incredibly ancient. They also knew that over long enough timescales, the weather in one place changed dramatically. (Even the ancient Greeks and Chinese had noticed misplaced seashores or fossilized bamboo and figured out what they meant.) But only slowly did questions from chemistry, physics, and meteorology congeal into a new field of study.
The first climate scientist, we now know, was Eunice Newton Foote, an amateur inventor and feminist. In 1856, she observed that glass jars filled with carbon dioxide or water vapor trapped more of the sun’s heat than a jar containing dry air. “An atmosphere of that gas,” she wrote of CO₂, “would give to our earth a high temperature.”
But due to her gender and nationality, her work was lost. So the field began instead with the contributions of two Europeans: John Tyndall, an Irish physicist who in 1859 first identified which gases cause the greenhouse effect; and Svante Arrhenius, a Swedish chemist who in 1896 first described Earth’s climate sensitivity, perhaps the discipline’s most important number.
Arrhenius asked: If the amount of CO₂ in the atmosphere were to double, how much would the planet warm? Somewhere from five to six degrees Celsius, he concluded. Although he knew that humanity’s coal consumption was causing carbon pollution, his calculation was a purely academic exercise: We would not double atmospheric CO₂for another 3,000 years.
In fact, it might take only two centuries. Atmospheric carbon-dioxide levels are now 50 percent higher than they were when the Industrial Revolution began — we are halfway to doubling.
Not until after World War II did climate science become an urgent field, as nuclear war, the space race, and the birth of environmentalism forced scientists to think about the whole Earth system for the first time — and computers made such a daring thing possible. In the late 1950s and 1960s, the physicists Syukuro Manabe and Richard Wetherald produced the first computer models of the atmosphere, confirming that climate sensitivity was real. (Last year, Manabe won the Nobel Prize in Physics for that work.) Half a hemisphere away, the oceanographer Charles Keeling used data collected from Hawaii’s Mauna Loa Observatory to show that fossil-fuel use was rapidly increasing the atmosphere’s carbon concentration.
Suddenly, the greenhouse effect — and climate sensitivity — were no longer theoretical. “If the human race survives into the 21st century,” Keeling warned, “the people living then … may also face the threat of climatic change brought about by an uncontrolled increase in atmospheric CO₂ from fossil fuels.”
Faced with a near-term threat, climate science took shape. An ever-growing group of scientists sketched what human-caused climate change might mean for droughts, storms, floods, glaciers, and sea levels. Even oil companies opened climate-research divisions — although they would later hide this fact and fund efforts to discredit the science. In 1979, the MIT meteorologist Jules Charney led a national report concluding that global warming was essentially inevitable. He also estimated climate sensitivity at 1.5 to 4 degrees Celsius, a range that would stand for the next four decades.
“In one sense, we’ve already known enough for over 50 years to do what we have to do,” Hayhoe, the Texas Tech professor, told me. “Some parts of climate science have been simply crossing the T’s and dotting the I’s since then.”
Crossing the T’s and dotting the I’s—such an idea would have made sense to the historian Thomas Kuhn. In his book, The Structure of Scientific Revolutions, he argued that science doesn’t progress in a dependable and linear way, but through spasmodic “paradigm shifts,” when a new theory supplants an older one and casts everything that scientists once knew in doubt. These revolutions are followed by happy doldrums that he called “normal science,” where researchers work to fit their observations of the world into the moment’s dominant paradigm.
By 1988, climate science had advanced to the degree that James Hansen, the head of NASA’s Goddard Institute, could confidently warn the Senate that global warming had begun. A few months later, the United Nations convened the first Intergovernmental Panel on Climate Change, an expert body of scientists asked to report on current scientific consensus.
Yet core scientific questions remained. In the 1990s, the federal scientist Ben Santer and his colleagues provided the first evidence of climate change’s “fingerprint” in the atmosphere — key observations that showed the lower atmosphere was warming in such a way as to implicate carbon dioxide.
By this point, any major scientific questions about climate change were effectively resolved. Paul N. Edwards, a Stanford historian and IPCC author, remembers musing in the early 2000s about whether the IPCC’s physical-science team should pack it up: They had done the job and shown that climate change was real.
Yet climate science had not yet won politically. Santer was harassed over his research; fossil-fuel companies continued to seed lies and doubt about the science for years. Across the West, only some politicians acted as if climate change was real; even the new U.S. president, Barack Obama, could not get a climate law through a liberal Congress in 2010.
It took one final slog for climate science to win. Through the 2010s, scientists ironed out remaining questions around clouds, glaciers, and other runaway feedbacks. “It’s become harder in the last decade to make a publicly skeptical case against mainstream climate science,” Hausfather said. “Part of that is climate science advancing one funeral at a time. But it’s also become so clear and self-evident — and so much of the scientific community supports it — that it’s harder to argue against with any credibility.”
Three years ago, a team of more than two dozen researchers — including Hausfather and Marvel — finally made progress on solving climate science’s biggest outstanding mystery, cutting our uncertainty around climate sensitivity in half. Since 1979, Charney’s estimate had remained essentially unchanged; it was quoted nearly verbatim in the 2013 IPCC report. Now, scientists know that if atmospheric CO₂ were to double, Earth’s temperature would rise 2.6 to 3.9 degrees Celsius.
That’s about as much specificity as we’ll ever need, Hayhoe told me. Now, “we know that climate sensitivity is either bad, really bad, or catastrophic.”
So isn’t climate science over, then? It’s resolved the big uncertainties; it’s even cleared up climate sensitivity. Not quite, Marvel said. She and other researchers described a few areas where science is still vital.
The first — and perhaps most important — is the object that covers two-thirds of Earth’s surface area: the ocean, Edwards told me. Since the 1990s, it has absorbed more than 90% of the excess heat caused by greenhouse gases, but we still don’t understand how it formed, much less how it will change over the next century.
Researchers also know some theories need to be revisited. “Antarctica is melting way faster than in the models,” Marvel said, which could change the climate much more quickly than previously imagined. And though the runaway collapse of Antarctica now seems less likely, we could be wrong, Oppenheimer reminded me. “The money that we put into understanding Antarctica is a pittance compared to what you would need to truly understand such a big object,” he said.
And these, mind you, are the known unknowns. There’s still the chance that we discover some huge new climatic process out there — at the bottom of the Mariana Trench, perhaps, or at the base of an Antarctic glacier — that has so far eluded us.
Yet in the wildfires of the old climate science, a new field is being born. The scientists who I spoke with see three big projects.
First, in the past decade, researchers have gotten much better at attributing individual weather events to climate change. They now know that the Lower 48 states are three times more likely to see a warm February than they would without human-caused climate change, for instance, or that Oregon and Washington’s record-breaking 2021 heat wave was “virtually impossible” without warming. This work will keep improving, Marvel said, and it will help us understand where climate models fail to predict the actual experience of climate change.
Second, scientists want to make the tools of climate science more useful to people at the scales where they live, work, and play. “We just don’t yet have the ability to understand in a detailed way and at a small-enough scale” what climate impacts will look like, Oppenheimer told me. Cities should be able to predict how drought or sea-level rise will affect their bridges or infrastructure. Members of Congress should know what a once-in-a-decade heat wave will look like in their district five, 10, or 20 years hence.
“It’s not so much that we don’t need science anymore; it’s that we need science focused on the questions that are going to save lives,” Oppenheimer said. The task before climate science is to steward humanity through the “treacherous next decades where we are likely to warm through the danger zone of 1.5 degrees.”
That brings us to the third project: That climatologists must create a “smoother interface between physical science and social science,” he said. The Yale economist Richard Nordhaus recently won a Nobel Prize for linking climate science with economics, “but other aspects of the human system are still totally undone.” Edwards wanted to get beyond economics altogether: “We need an anthropology and sociology of climate adaptation,” he said. Marvel, meanwhile, wanted to zoom the lens beyond just people. “We don’t really understand ... what the hell plants do,” she told me. Plants and plankton have absorbed half of all carbon pollution, but it’s unclear if they’ll keep doing so or how all that extra carbon has changed how they might respond to warming.
Economics, sociology, botany, politics — you can begin to see a new field taking shape here, a kind of climate post-science. Rooted in climatology’s theories and ideas, it stretches to embrace the breadth of the Earth system. The climate is everything, after all, and in order to survive an era when human desire has altered the planet’s geology, this new field of study must encompass humanity itself — and all the rest of the Earthly mess.
Nearly a century ago, the philosopher Alexander Kojéve concluded it was possible for political philosophy to gain a level of absolute knowledge about the world and, second, that it had done so. In the wake of the French Revolution, some fusion of socialism or capitalism would win the day, he concluded, meaning that much of the remaining “work to do” in society lay not in large-scale philosophizing about human nature, but in essentially bureaucratic questions of economic and social governance. So he became a technocrat, and helped design the market entity that later became the European Union.
Is this climate science’s Kojéve era? It just may be — but it won’t last forever, Oppenheimer reminded me.
“Generations in the future will still be dealing with this problem,” he said. “Even if we get off fossil fuels, some future idiot genius will invent some other climate altering substance. We can never put climate aside — it’s part of the responsibility we inherited when we started being clever enough to invent problems like this in future.”
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On congestion pricing, carbon capture progress, and Tim Kaine.
Current conditions:New Orleans is experiencing another arctic blast, with wind chills near 20 degrees Fahrenheit on Thursday • Continued warm, dry conditions in India threaten the country’s wheat crop • Heavy rain in Botswana has caused widespread flooding.
Environmental groups filed their first lawsuit against the Trump administration on Wednesday, challenging Trump’s moves to open up public lands and waters to oil and gas drilling. Sierra Club, Greenpeace, the Natural Resources Defense Council, the Center for Biological Diversity, and Oceana, among others, are contesting the president’s executive order revoking Joe Biden’s protections of parts of the Gulf of Mexico and the Arctic, Pacific, and Atlantic Oceans from oil and gas leasing. The groups claim that the president has the authority to create these protections but not to withdraw them — a right reserved for Congress — and notes that a federal court confirmed this after Trump attempted to undo similar Obama-era protections during his first term.
President Trump made his move to kill New York City’s congestion pricing program on Wednesday. In a letter to Governor Kathy Hochul, Department of Transportation Secretary Sean Duffy said he was reversing the Department of Transportation’s approval of the scheme, citing the impacts on drivers and claiming the program violated federal statute. Trump declared it “DEAD” in a Truth Social post, where he also proclaimed that New York had been “SAVED” and closed with “LONG LIVE THE KING.” The Metropolitan Transit Authority, which runs the program and relies on funding from it, immediately challenged the decision in a federal court and said it would continue to operate the program “unless and until a court orders otherwise.”
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A sweeping annual report from BloombergNEF and the Business Council for Sustainable Energy has a number of hopeful and concerning stats about what happened in America’s energy transition last year.
The Good:
Chart courtesy of the Business Council on Sustainable Energy
The Bad:
The same BNEF report also paints a lackluster picture of clean hydrogen and carbon capture development, two technologies that should benefit from generous federal subsidies. The U.S. had just 79 megawatts of “green” hydrogen production capacity by the end of 2024, with plans to build 34.7 gigawatts in the coming years.
The hydrogen industry was in limbo last year as it awaited final rules for claiming the production tax credit. Green hydrogen is made from carbon-free electricity and water. But most hydrogen announcements in 2024 — some 77% — were for “blue” hydrogen, which is made from natural gas using carbon capture. And while there’s a growing pipeline of carbon capture projects, with plans to deploy the tech in new sectors like ammonia and chemical production, U.S. carbon capture capacity has remained unchanged since 2020.
In a press conference on Wednesday, Senators Tim Kaine of Virginia and Martin Heinrich of New Mexico detailed their plan to invalidate President Trump’s declaration of an energy emergency. In early February, the two introduced what’s called a “privileged joint resolution” to terminate the emergency declaration, a type of legislation that the Senate is required to vote on. “We’re going to force a vote, force everybody to declare where they are on this sham emergency declaration,” Kaine said. Kaine and Heinrich made the case that the U.S. produced more oil and gas last year than at any point in history, and discussed the many domestic manufacturing projects and jobs that President Trump’s war on clean energy has put under threat. The vote is expected next week.
Sweden’s Supreme Court threw out a class action lawsuit brought by Greta Thunberg and other activists against the nation for not doing enough to stop climate change.
And it’s doing so in the most chaotic way possible.
The Trump administration filed a rule change this past weekend to remove key implementation regulations for the National Environmental Policy Act, a critical environmental law that dates back to 1969. While this new rule, once finalized, wouldn’t eliminate NEPA itself (doing so would take an act of Congress), it would eliminate the authority of the office charged with overseeing how federal agencies interpret and implement the law. This throws the entire federal environmental review process into limbo as developers await what will likely be a long and torturous legal battle over the law’s future.
The office in question, the Council on Environmental Quality, is part of the Executive Office of the President and has directed NEPA administration for nearly the law’s entire existence. Individual agencies have their own specific NEPA regulations, which will remain in effect even as CEQ’s blanket procedural requirements go away. “The argument here is that CEQ is redundant and that each agency can implement NEPA by following the existing law,” Emily Domenech, a senior vice president at the climate-focused government affairs and advisory firm Boundary Stone, told me. Domenech formerly served as a senior policy advisor to current and former Republican Speakers of the House Mike Johnson and Kevin McCarthy.
NEPA has been the subject of growing bipartisan ire in recent years, as lengthy environmental review processes and a barrage of lawsuits from environmental and community groups have delayed infrastructure projects of all types. While the text of the pending rule is not yet public, the idea is to streamline permitting and make it easier for developers to build. In theory that would include expediting projects such as solar farms and clean energy manufacturing facilities; in reality, under the Trump administration, the benefits could redound to fossil fuel infrastructure first and foremost.
On his first day back in office, Trump issued an executive order entitled Unleashing American Energy, which instructed CEQ to provide new, nonbinding guidance on NEPA implementation and “propose rescinding” its existing regulations within 30 days. Time is up, and CEQ published its first round of guidance late Wednesday night. So far it’s pretty bare bones, though as Hochman pointed out, it notably does away with environmental justice considerations as well as the need to take the “cumulative” environmental effect of an action into account, as opposed to simply the “reasonably foreseeable effects.” It also looks to exempt certain projects that receive federal loans from the NEPA process.
But gutting CEQ’s regulatory capacity via this so-called “interim final rule” is a controversial move of questionable legality. Interim final rules generally go into effect immediately, thus skirting the requirement to gather public comment beforehand. Expediting rules like this is only allowed in cases where posting advance notice and taking comments is deemed “impracticable, unnecessary, or contrary to the public interest.”
It’s almost certain that this interim rule will be challenged in court. Sierra Club senior attorney Nathaniel Shoaff certainly thinks it should be. “This action is rash, unlawful, and unwise. Rather than making it easier to responsibly build new infrastructure, throwing out implementing regulations for NEPA will only serve to create chaos and uncertainty,” Shoaff said in a statement. “The Trump administration seems to think that the rules don’t apply to them, but we’re confident the courts will say otherwise.”
Thomas Hochman, director of infrastructure at the center-right think tank Foundation for American Innovation, disagrees. “I think environmental groups will sue, and I think they’ll lose,” he told me. Hochman cited a surprising decision issued by the D.C. Circuit Court of Appeals last November, which stated that CEQ did not have the authority to issue binding NEPA regulations, and that it was never intended to "act as a regulatory agency rather than as an advisory agency.” This ruling ultimately made it possible for Trump to so radically reimagine CEQ’s authority in his executive order.
“I would expect environmentalists on the left to challenge any Trump administration actions on NEPA,” Domenech told me. “But I actually think that the Trump team welcomes that, because they'd love to get quicker, decisive rulings on whether or not CEQ even had this authority to begin with.”
NEPA, which went into effect before the Environmental Protection Agency was even created, is a short law with the simple goal of requiring federal agencies to take the environmental impact of their work into account. But responsibility for the law’s implementation has always fallen to CEQ, which created a meticulous environmental review and public input process — perhaps too meticulous for an era that demands significant, rapid infrastructure investment to enable the energy transition.
Recognizing this, the Biden administration tried to rein in NEPA and expedite environmental review via provisions in the 2023 Fiscal Responsibility Act, which included imposing time limits on Environmental Assessments and Environmental Impact Statements and setting page limits for these documents. But as Hochman sees it, these well intentioned reforms didn’t make much of a dent. “It was up to CEQ to take the language from the Fiscal Responsibility Act and then write their interpretation of it,” he told me. “And what CEQ basically did was they grafted it back into the status quo.” Now that those regulations are kaput, however, Hochman thinks the Fiscal Responsibility Act’s amendments will have much more power to narrow NEPA’s mandate.
Trump’s executive order requires the yet-to-be-announced chair of CEQ to coordinate a revision of each individual agency’s NEPA regulations, a process that the recent CEQ guidelines allow 12 months for. But developers can’t afford to sit around. So in the meantime, CEQ recommends (but can’t enforce) that agencies “continue to follow their existing practices and procedures for implementing NEPA” and emphasizes that “agencies should not delay pending or ongoing NEPA analyses while undertaking these revisions.” That said, chaos and confusion are always an option. As Hochman explained, many current agency regulations reference the soon-to-be defunct CEQ regulations, which could create legal complications.
Hochman told me he still thinks CEQ has an important role to play in a scaled-down NEPA landscape. “CEQ ideally will define pretty clearly the framework that agencies should abide by as they write their new regulations,” he explained. For example, he told me that CEQ should be responsible for interpreting critical terms such as what constitutes a “major federal action” that would trigger NEPA, or what counts as an action that “normally does not significantly affect the quality of the human environment,” which would exempt a project from substantial environmental review.
No doubt many of these interpretations will wind up in court. “You will probably see up front litigation of these original definitions, but once they’ve been decided on by higher courts, they won’t really be an open question anymore,” Hochman told me. Basically, some initial pain for lots of future gain is what he’s betting on. Once the text of the interim rule is posted and the lawsuits start rolling in, we’ll check in on the status of that wager.
Editor’s note: This story has been updated to reflect the publication of CEQ’s new guidance on NEPA implementation.
Trump called himself “king” and tried to kill the program, but it might not be so simple.
The Trump administration will try to kill congestion pricing, the first-in-the-nation program that charged cars and trucks up to $9 to enter Manhattan’s traffic-clogged downtown core.
In an exclusive story given to the New York Post, Secretary of Transportation Sean Duffy said that he would rescind the U.S. Transportation Department’s approval of the pricing regime.
“The toll program leaves drivers without any free highway alternative, and instead, takes more money from working people to pay for a transit system and not highways,” Duffy told the Post.
He did not specify an end date for the program, but said that he would work with New York to achieve an “orderly termination” of the tolls. But it’s not clear that he can unilaterally end congestion pricing — and in any case, New York is not eager to work with him to do so.
The attempted cancellation adds another chapter to the decades-long saga over whether to implement road pricing in downtown New York. And it represents another front in the Trump administration’s war on virtually any policy that reduces fossil fuel use and cuts pollution from the transportation sector, the most carbon-intensive sector in the U.S. economy.
“CONGESTION PRICING IS DEAD. Manhattan, and all of New York, is SAVED,” Trump posted on Truth Social, the social network that he owns. “LONG LIVE THE KING!”
The Metropolitan Transit Authority, the state agency that oversees New York’s tolling and transit system, has filed to block the cancellation in court. In a statement, New York Governor Kathy Hochul said that Trump didn’t have the authority to kill the tolling program.
“We are a nation of laws, not ruled by a king,” Hochul said. “We’ll see you in court.”
Since it started on January 5, congestion pricing has charged drivers up to $9 to drive into Manhattan south of 60th Street. With its launch, New York joined a small set of world capitals — including London, Singapore, and Stockholm — to use road pricing in its central business district.
Even in its first weeks in Gotham, congestion pricing had seemingly proven successful at its main goal: cutting down on traffic. Travel times to enter Manhattan have fallen and in some cases — such as driving into the Holland Tunnel from New Jersey — have been cut in half during rush hour, according to an online tracker built by economics researchers that uses Google Maps data.
Anecdotally, drivers have reported faster drive times within the city and much less honking overall. (I can affirm that downtown is much quieter now.) City buses zoomed through their routes, at times having to pause at certain stops in order to keep from running ahead of their schedules.
The program has been so successful that it had even begun to turn around in public polling. Although congestion pricing was incredibly unpopular during its long gestation, a majority of New Yorkers now support the program. In early February, six of 10 New Yorkers said that they thought Trump should keep the program and not kill it, according to a Morning Consult poll.
That matches a pattern seen in other cities that adopt congestion pricing, where most voters hate the program until they see that it successfully improves travel times and reduces traffic.
While Trump might now be claiming regal powers to block the program, the toll’s origin story has been democratic to a fault. Although congestion pricing has been proposed in New York for decades, the state’s legislature approved the program in 2019 as part of its long-running search for a permanent source of funding for the city’s trains and buses.
The federal government then studied the program for half a decade, first under Trump, then under Biden, generating thousands upon thousands of pages of environmental and legal review. At long last, the Biden administration granted final approval for the program last year.
But then congestion pricing had to clear another hurdle. In June, Hochul paused the program at the last moment, hoping to find another source of permanent funding for the city’s public transit system.
She didn’t. In November, she announced that the program would go into effect in the new year.
It’s not clear whether the Trump administration can actually kill congestion pricing. When the Biden administration approved the program, it did so essentially as a one-time finding. Duffy may not be able to revoke that finding — just like you can’t un-sign a contract that you’ve already agreed to.
In his letter to Hochul, Duffy argues that congestion pricing breaks a longstanding norm that federally funded highways should not be tolled. “The construction of federal-aid highways as a toll-free highway system has long been one of the most basic and fundamental tenets of the federal-aid Highway Program,” he says.
That argument is surprising because federal highways in Manhattan — such as the West Side Highway — are excluded from the toll by design. Drivers only incur the $9 charge when they leave highways and enter Manhattan’s street grid. And drivers can use the interstate highway system but avoid the congestion charge by entering uptown Manhattan through Interstate 95 and then parking north of 60th Street.
Duffy also argues that the tolling program is chiefly meant to raise revenue for the MTA, not reduce congestion. The federal government’s approval of pilot congestion pricing programs is aimed at cutting traffic, he says, not raising revenue for state agencies.
In its lawsuit, the MTA asserts that Duffy does not have the right to revoke the agreement. It also says that he must conduct the same degree of environmental review to kill the program that the first Trump administration required when the program was originally proposed.
“The status quo is that Congestion Pricing continues, and unless and until a court orders otherwise, plaintiffs will continue to operate the program as required by New York law,” the MTA’s brief says.