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An excerpt from David Lipsky’s The Parrot and the Igloo: Climate and the Science of Denial
Let’s say you’ve shipped out as a denier.
You’re in it for the action, the dollars, the travel, the fun. And you shade your eyes, glance up at a tall number: 97%, the percentage of active-duty climate researchers who accept man-made climate change.
This is what pollster Frank Luntz understood in 2002. “Voters believe that there is no consensus about global warming,” Luntz wrote, in his famous battle memo. “Should the public come to believe that the scientific issues are settled, their views about global warming will change accordingly.”
And this is what was also understood by Dr. S Fred Singer and Frederick Seitz, two of the graybeard prophets who launched the global-warming skepticism movement in the 1990s, that crucial tipping point in the battle between the warmers and the deniers. A word — a concept, a percentage — was your enemy. And every six years the IPCC, the international climate science body, would stamp along on its five thousand legs and drop down another big dose of consensus. Plant it in the headlines of every newspaper. Here was the spot on the tree to carve your “X.” As you spit in your palms and lifted the axe.
Dr. Singer, an atmospheric physicist who would become one of the world’s most prominent climate deniers, tried twice. The anti-consensus petitions have names: The Leipzig Declaration, the Heidelberg Appeal. They sound like spy movies: lovelorn and crestfallen thrillers starring a tongue-tied Jason Bourne, about the cities where he tried to make his feelings known.
The appeal came first, in 1992. Dr. Singer and an associate helped arrange a conference in Heidelberg, Germany. Scientists were invited to sign a petition.
At first, Dr. Singer called it a “statement.” Time passed, coasts cleared. And he was like a man alone at the breakfast bar, filling his plate. Dr. Singer called it “strongly worded.” Said the appeal “expressed skepticism on the urgency for global action to restrict greenhouse-gas emissions.” That it “urged statesmen to go slow on climate-change policies.”
As it happens, the Heidelberg Appeal never once mentions global warming. It’s very pro-science. It’s just not at all anti-climate science.
But it was a list of science names and got weaponized anyway. When denial Senator James Inhofe quoted the petition in Congress, this is how the message ran. “The Heidelberg Appeal, which says that no compelling evidence exists to justify controls of anthropogenic greenhouse gas emissions. They agree it is a hoax.” Two possibilities: Either the senator had never read the appeal, or he hoped you hadn’t.
Dr. Singer took a firmer hand on the next go-round. New and improved — now with global warming.
This was 1995. Earlier that year, Dr. Singer had sent a fossil fuel company his prospectus. For a very reasonable $95,000, the scientist promised to help “stem the tide towards ever more onerous controls on energy use.”
His hook was ozone. The spray cans that had been phased out, Dr. Singer explained, “all on the basis of quite insubstantial science.”
So if funds were provided “without delay,” Dr. Singer could deliver: an event, a panel, and a round number — “a Statement of Support by a hundred or more climate scientists.” With the Singer specialty: “This Statement could then be quoted or reprinted in newspapers.”
I don’t know whether Dr. Singer ever secured his funding. But that November, a panel did convene: in Leipzig, Germany. And one year later, his Statement did appear: the Leipzig Declaration. With the promised one hundred signatures.
The names crinkled brows. (Harvard’s John Holdren, later science advisor to the Obama White House, wrote of them as a mirage or the dream you reconstruct over breakfast: the list “dissolves under scrutiny.”) Sleuths from Danish Broadcasting attempted to track down the 33 European signers. Four could not be located. Twelve denied signing or even knowing about any Leipzig Declaration. Three were offended to hear their names were associated with it. The Statement had also been signed by dentists, lab techs, engineers, and one off-course entomologist who landed briefly on the page.
But the Leipzig Declaration packed its bags and coast-to-coasted anyway — from the Wall Street Journal to the Orange County Register, migrating also to Canada, London, Scotland, Australia, New Zealand. “It is widely cited by conservative voices,” write journalists Sheldon Rampton and John Stauber. “And is regarded in some circles as the gold standard of scientific expertise on the issue.”
Dr. Singer identifed a hardy, Band of Brothers spirit among his “one hundred climate scientists.” As he explained in the Wall Street Journal, “It takes a certain amount of courage to do this.”
What it didn’t necessarily take was a degree in science. Florida’s Saint Petersburg Times ran their Leipzig story on the front page. Because (a) Florida, sea level. And (b), one signer was a local, the weather guy over at Tampa Bay’s WTVT. Who lacked “a Ph.D. in any scientific field,” the paper noted. “Or, for that matter, a bachelor’s.”
Dr. Singer had met his quota by reaching out to these sportscasters of the air. Twenty-five weathermen signed in, a big klatch from the state of Ohio. This included Richard Groeber, owner and operator of Dick’s Weather Service: you dialed his phone number and he told you the weather.
The Petersburg newshound dialed. Was Dick Groeber, he asked, really a scientist?
“I sort of consider myself so,” Groeber replied. “I had two or three years of training in the scientific area, and 30 or 40 years of self-study.”
The reporter brought his concerns to the keeper of the signatures, Dr. Singer. The scientist’s answer is a testament to the virtue of persistence, of keeping an eye fixed always on the prize. What was truly important, Dr. Singer said, was “the fact that we can demonstrate that 100 or so scientists would put their names down.”
And I wonder if it bothered Dr. Singer. If it’s the story of his outranked life. That for the Oregon Petition — the signature list that did go over the top — the push came from the bigger, better honored, more consequential Fred.
This article was excerpted from David Lipsky’s new book "The Parrot and the Igloo."Courtesy W.W. Norton
I don’t know who took care of the introductions. I do know S. Fred Singer sent Arthur Robinson — a biochemist, five-time Republican nominee for Oregon’s 4th congressional district, and the founder of the Oregon Institute of Science and Medicine, a privately funded lab — material to beef up the research paper that accompanied the Oregon Petition. And I know that the Marshall Institute —— founded by the other Fred, Dr. Seitz, the physicist and tobacco industry consultant Business Week once called the “granddaddy of global-warming skeptics” — dispatched two specialists, climate Sherpas, to lug and guide Arthur along the trickier science crevasses.
One of them was later exposed on the front page of The New York Times. Dr. Willie Soon had been the beneficiary of $1.2 million in fossil fuel largesse. The last of his dinosaur generation to find their way into the tar pits.
“In correspondence with his corporate funders,” the Times reported in 2015, Dr. Soon “described many of his scientific papers as ‘deliverables’ that he completed in exchange for their money.”
And then a beautiful single-sentence short story: capturing the whole project and spirit of denial. “Though often described on conservative news programs as a ‘Harvard astrophysicist,’ Dr. Soon is not an astrophysicist and has never been employed by Harvard.”
Arthur cowrote his paper with the two Dr. Seitz specialists, and a fellow member of the Oregon Institute faculty: his 21-year-old son, Zachary.
This father-son teamwork produced something strange. First, their paper said climate change would not occur. Then, somewhat unexpectedly, it reversed field and explained that the change was already in progress and accomplishing marvels.
Their concluding sentences drop the effort of science entirely. The language pans across streams and meadows — takes in a drowsy summer morning, with the sound of bees. “We are living in an increasingly lush environment of plants and animals,” the Robinsons write, a little dreamily, “as a result of the CO2 increase. Our children will enjoy an Earth with far more plant and animal life than that with which we are now blessed. This is a wonderful and unexpected gift of the Industrial Revolution.”
Arthur’s paper had never been published or peer-reviewed. It was entirely homeschool.
And here’s where you can appreciate the great, freewheeling advantage of having fun. Arthur Robinson and Frederick Seitz collaborated on a tremendous prank.
Arthur had his report professionally printed. Now this home-cooked meal, this sloppy Joe, resembled an entrée at the end of a Food Network episode. The National Academy of Sciences produces one of the world’s most distinguished journals. Garnishing with font and layout, Robinson labored until his blessing looked, in the words of the journal Nature, “exactly like a paper from the Proceedings of the National Academy of Sciences.”
Everybody has the one résumé line they lean on. It’s whispered before you sweep over to shake hands; it will lead the obituaries when you step away forever. Frederick Seitz was the former National Academy president — publishers of the Proceedings journal whose format Arthur had copied.
Dr. Seitz wrote the letter that accompanied the Oregon Petition.
The United States is very close to adopting an international agreement that would ration the use of energy. ... This treaty is, in our opinion, based upon flawed ideas. ...We urge you to sign and return the petition card.
Dr. Seitz signed with his résumé line: Past President, The National Academy of Sciences.
A cover letter from an Academy president. A paper formatted to look exactly as if it had been published in the Academy magazine. (Plus the plural we urge, the institutional in our opinion — the speaking voice of an organization.) Arthur and Seitz had pulled off the greatest soundalike in denial history.
The package was then sent all across America — as one researcher wrote, to “virtually every scientist in every field.” And how could recipients fail to believe, tearing open their envelopes, that the Academy was reaching out to them, at an hour of scientific need?
In 1996, Nature had written about the “dwindling band of skeptics.” You picture palm fronds and breakers, the shoreline from Lord of the Flies: a rocky atoll among rising seas.
This line vexed deniers. It so bugged S. Fred Singer he ascribed it, for ease of attack, to Al Gore. (The scientist loved to attack the vice president.). So the other aim of the petition: to grow the movement, at least in the eyes of key readerships in the Washington metro area.
It really was their weakness: Demographics. Max Planck once made an ice-eyed observation about scientific change. It doesn’t result from fresh evidence, or the Kevlar argument. Positions get too dug in for that. It steals on gradually, in calendars and gravesides. “A new scientific truth does not triumph by convincing its opponents and making them see the light,” the physicist wrote. “But rather because its opponents eventually die, and a new generation grows up that is familiar with it.”
The plain truth was the deniers weren’t getting any younger. Actual science was drawing the young PhDs. (When S. Fred Singer addressed a roomful of such climatologists in the spring of the Oregon Petition, the reception was not hostile. It was charity. His audience “politely pointed to datasets and to scientific research,” wrote science journalist Myanna Lahsen, “none of which Dr. Singer appeared to be familiar with.”) It’s why the great denial work was brought off by Frederick Seitz, 86, and S. Fred Singer, 78; and by Arthur Robinson, aged 56, whose footsteps two-time Nobel Prize laureate Linus Pauling had long ago banished from institutional hallways.
“What will happen is clear,” Arthur told supporters, in a sort of pre-invasion essay, as his envelopes mustered at the post office. “The warmers will be deprived of the central pillar that underlies their entire campaign.”
This was that tall, shade-throwing word: consensus. “Remove their facade of scientific consensus, and they will likely lose — if it is removed in time.”
And it worked. In the House and Senate, lawmakers said the petition proved climate change was “bogus” — a non-issue for “the vast majority” of scientists. (They needed something like it to be true. So they went ahead and believed it into truth.) It worked because it’s a big library, and we’re all busy people. And, as the bibliothecary Jorge Luis Borges once observed, “The person does not exist who, outside their own specialty, is not credulous.”
“Happy Earth Day, Al Gore!” Fred Singer wrote in his Washington Times column. “Your much-touted ‘scientific consensus’ on global warming has just been exposed as phony.” They’d finally found a way to bring down the tree.
In 2001, Scientific American went through Arthur Robinson’s signature books. Present on Arthur’s list were names submitted in a spirit of substitute-teacher abuse. (Arthur told the Associated Press that he had “no way of filtering out a fake.”) There was Shirl E. Cook and Richard Cool and Dr. House, and the presumably dependable Knight and the presumably less steady Dr. Red Wine, also the accommodating Betty Will, the in-terrible-distress W. C. Lust. Also someone who gave their name only as Looney. Plus a dash of celebrity like Michael J. Fox and John Grisham and the dramatis personae of the medical series M*A*S*H. Even some businesses, like R. C. Kannan & Associates, and Glenn Springs Holdings, Inc., had found a way to lift the pen and get involved. Dick Groeber — Dick’s Weather Service — had once again elected to lend the effort the weight of his endorsement. All these names appeared on Arthur’s petition as it was cited in Congress.
Arthur claimed only one false name was ever found to soil his list. (Some jokester had snuck on Dr. Geri Halliwell — Ginger Spice, of the empowerment band Spice Girls.) But post-media, all these names were quietly withdrawn. W. C. Lust and Betty Will and Glenn Springs Holdings, Inc., and Dick’s Weather Service, scrubbed from history.
The names Scientific American examined were real. Barrier to entry was not high. If you claimed a bachelor’s in math, science, or engineering, to Arthur’s way of thinking you were a climate scientist. (Even so, Dick Groeber had no real business being on this list.) Your kid’s math teacher could sign. So could her shop teacher, and the veterinarian.
These names were Styrofoam peanuts, packaging, and brushed aside. Scientific American took “a random sample of 30 of the 1,400 signatories claiming to hold a Ph.D. in a climate-related science.”
Of the 26 names they could identify through the databases, “11 said they still agreed with the petition.” The magazine went on, “One was an active climate researcher, two others had relevant expertise, and eight signed based on an informal evaluation. Six said they would not sign the petition today, three did not remember any such petition, one had died, and five did not answer repeated messages.” The magazine estimated that Arthur had managed about 200 climate researchers — “a small fraction of the climatological community.” Remove number from box, shake off the packaging: What Arthur Robinson and Frederick Seitz had delivered was a sweaty means of confirming the consensus.
And still there were international headlines (“NO SCIENTIFIC CONSENSUS ON GLOBAL WARMING”). And still Frederick Seitz and S. Fred Singer could make their use of the data.
Dr. Seitz told reporters the petition represented “the silent majority of the scientific community.” (Which meant at least 51 laconic percent.) And Dr. Singer called it “the largest group of scientists ever,” as if the petition combined a Caltech homecoming weekend with an especially congested Burning Man.
Arthur kept up the petition drive. Yet among supporters, he couldn’t quite bring himself to call the signers colleagues. The tongue values what it values.
“We’ve got now about 17,000 scien—” Arthur caught himself. “People with degrees in science.” As of 2008, he’d nearly doubled his figure.
S. Fred Singer experienced the same performance trouble. In 2012 he was still quoting it. Because it was the only thing — Arthur had given the movement the strongest evidence it ever had. But even the famously reliable Singer tongue went rogue. “There’s hundreds of us — thousands,” he said on PBS. “Look, 31,000 scientists and engineers signed a statement.” Then the scientist went a bit green. “Look, they’re not specialists in climate.”
But in 1998, when the ground was fresh, Dr. Singer told Congress that signers were “specialists in fields related to global warming.” He told readers, while the issue was being contested, they were “experts in the pertinent scientific fields.”
Arthur’s website gives his patriotic side of the figure. “31,487 American scientists,” he writes. “Including 9,029 Ph.D.s.” You needed a data point, a comparison.
So, for the doctoral number: America is home to half a million science and engineering PhDs. Arthur netted 1.8%. His yield was small. And for the bachelor’s number: We’ve awarded 10 million first degrees in science and engineering. Here Arthur’s petition was an absolute crash: 0.3%.
Arthur again sounded the Academy horn in a press release. “More than 40 signatories are members of the prestigious National Academy of Sciences.” But Arthur had withheld the comparison. The Academy’s got 2,200 members. His yield was eerily consistent: 1.8%. The generally accepted number for climate scientists and warming is 97% to 3%. Arthur’s fate was to spend 25 years as superintendent of a consensus he loathed.
This article was excerpted and condensed from David Lipsky’s book The Parrot and the Igloo: Climate and the Science of Denial, available now from W. W. Norton & Company ©2023.
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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.