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Sparks

Judge to Trump on Congestion Pricing: Get Outta Here

“It is difficult to imagine more arbitrary and capricious decisionmaking than that at issue here.”

Zohran Mamdani and Kathy Hochul.
Heatmap Illustration/Getty Images, Library of Congress

A federal court shot down President Trump’s attempt to kill New York City’s congestion pricing program on Tuesday, allowing the city’s $9 toll on cars entering downtown Manhattan during peak hours to remain in effect.

Judge Lewis Liman of the U.S. District Court for the Southern District of New York ruled that the Trump administration’s termination of the program was illegal, writing, “It is difficult to imagine more arbitrary and capricious decisionmaking than that at issue here.”

So concludes a fight that began almost exactly one year ago, just after Trump returned to the White House. On February 19, 2025, the newly minted Transportation Secretary Sean Duffy sent a letter to Kathy Hochul, the governor of New York, rescinding the federal government’s approval of the congestion pricing fee. President Trump had expressed concerns about the program, Duffy said, leading his department to review its agreement with the state and determine that the program did not adhere to the federal statute under which it was approved.

Duffy argued that the city was not allowed to cordon off part of the city and not provide any toll-free options for drivers to enter it. He also asserted that the program had to be designed solely to relieve congestion — and that New York’s explicit secondary goal of raising money to improve public transit was a violation.

Trump, meanwhile, likened himself to a monarch who had risen to power just in time to rescue New Yorkers from tyranny. That same day, the White House posted an image to social media of Trump standing in front of the New York City skyline donning a gold crown, with the caption, "CONGESTION PRICING IS DEAD. Manhattan, and all of New York, is SAVED. LONG LIVE THE KING!"

New York had only just launched the tolling program a month earlier after nearly 20 years of deliberation — or, as reporter and Hell Gate cofounder Christopher Robbins put it in his account of those years for Heatmap, “procrastination.” The program was supposed to go into effect months earlier before, at the last minute, Hochul tried to delay the program indefinitely, claiming it was too much of a burden on New Yorkers’ wallets. She ultimately allowed congestion pricing to proceed with the fee reduced from $15 during peak hours to $9, and thereafter became one of its champions. The state immediately challenged Duffy’s termination order in court and defied the agency’s instruction to shut down the program, keeping the toll in place for the entirety of the court case.

In May, Judge Liman issued a preliminary injunction prohibiting the DOT from terminating the agreement, noting that New York was likely to succeed in demonstrating that Duffy had exceeded his authority in rescinding it.

After the first full year the program was operating, the state reported 27 million fewer vehicles entering lower Manhattan and a 7% boost to transit ridership. Bus speeds were also up, traffic noise complaints were down, and the program raised $550 million in net revenue.

The final court order issued Tuesday rejected Duffy’s initial arguments for terminating the program, as well as additional justifications he supplied later in the case.

“We disagree with the court’s ruling,” a spokesperson for the Transportation Department told me, adding that congestion pricing imposes a “massive tax on every New Yorker” and has “made federally funded roads inaccessible to commuters without providing a toll-free alternative.” The Department is “reviewing all legal options — including an appeal — with the Justice Department,” they said.

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Sparks

Trump’s USDA Using Farmland Rule to Go After Energy Companies, Democrats Say

A proposed change in how the agency implements an obscure Cold War-era law would impose onerous reporting requirements on renewables and pipelines.

Wind turbines and a farm.
Heatmap Illustration/Getty Images

Democrats in Congress claim that a new Trump administration proposal will have a chilling effect on the energy sector by subjecting renewables and fossil fuel pipelines alike to an obscure, rarely cited Cold War-era law requiring detailed information on foreign farmland ownership be submitted to the Agriculture Department.

In late June, the Agriculture Department released a proposal to change implementation of the Agricultural Foreign Investment Disclosure Act of 1978, which requires companies to provide information to the federal government on foreign investors in farmland holdings, acquisitions, and sales. If finalized, the new rule would expand the definition of “agricultural land” in regulation to include all renewable energy facilities and pipeline corridors by explicitly tying the term to those industries’ formal codes under the North American Industry Classification System.

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Electricity Bills Were Higher Than Ever in July

Americans paid $217 on average for electricity last month, according to Heatmap and MIT’s Electricity Price Hub.

A plug graph.
Heatmap Illustration/Getty Images

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Nationally, the average electricity bill spiked to $217, an all-time high, according to new data from Heatmap and MIT’s Electricity Price Hub. That’s up from $177 in June, and $215 last July. Meanwhile, electricity rates were 19 cents per kilowatt-hour, virtually unchanged from June and slightly higher than July of last year.

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Scoop: Clearway Cancels Plan to Swap Solar Farm for Data Center and Gas Plant

The energy developer is backing off after a Heatmap report.

Solar panels and a gas plant.
Heatmap Illustration/Getty Images

Clearway says it is backing off its plans to build a data center and gas power plant on federal land, days after Heatmap revealed the energy developer’s proposal.

Last week, I reported that Clearway asked the Trump administration’s Bureau of Land Management to swap a five year-old application for a solar farm’s permits with “a proposed data center and natural gas facility.” Clearway’s chief development officer John Woody had written in a letter to BLM dated April 3 that the swap was “the result of a shift in our internal development priorities” and intended “to better align with the goals of our Administration.” He also noted the plans were in “exploratory early stages.”

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