A New York federal judge overwhelmingly rejected a central argument in lawsuits against congestion pricing tolls, giving proponents of the plan fresh optimism following Gov. Kathy Hochul’s decision to indefinitely pause the program’s planned June 30 implementation.
Three lawsuits filed by outer-borough elected officials, the influential United Federation of Teachers and a coalition of concerned city residents claimed that federal and state transit officials had advanced congestion pricing without a comprehensive environmental review and without proper mitigations against potential adverse impacts.
U.S. District Court Judge Lewis Liman largely dismissed the lawsuits’ arguments Thursday in a 113-page decision. Not only is additional study of the tolls unnecessary, Liman declared in his ruling, but transit officials conducted an “exhaustive review process” that resulted in a “painstaking examination” of congestion pricing and its environmental impacts.
“According to Plaintiffs,” Liman wrote in his decision, “the [federal environmental] review process here — which spanned four years and yielded an administrative record of more than 45,000 pages — did not amount to a “hard look” at the environmental implications of Congestion Pricing. In light of Defendants’ meticulous analysis, the Court cannot agree.”
Liman added that it is “abundantly clear” that the Federal Highway Administration and the Metropolitan Transportation Authority delved deeply into the environmental consequences.
Project analysis found that drivers seeking to avoid the tolls could overburden certain environmental justice communities, and that led state and city transit officials to commit $155 million in mitigation measures over five years, and to monitor traffic and air quality changes.
“Simply put, the [federal review] process worked precisely as it should,” wrote Liman.
Liman’s rebuke is an undeniable win for the MTA and backers of congestion pricing, but it’s a somewhat hollow victory now that the fate of the tolls are up in the air with Hochul’s postponement. Hochul has refused to give an updated timeline for the program’s launch, and the governor’s office did not respond to a request for comment on Liman’s ruling.
MTA General Counsel Paige Graves in a statement said transit officials “appreciate the thorough evaluation of the environmental review” and “stand ready to relieve congestion and improve transit service for millions of riders.” The Congestion Pricing Now coalition, which is made up of business, transportation and environmental groups, said in a statement that Liman’s ruling served as “another vindication for congestion pricing.”
At least five other lawsuits against the tolls are working their way through the courts, including what’s widely considered to be the strongest challenge, which was filed by New Jersey officials.
Liman’s decision also didn’t entirely quash the legal challenges against the tolls. The judge found it “premature” to rule on an argument that the tolls could burden small businesses and that a study of the impacts are needed.
Jack Lester, an attorney representing one of the plaintiffs, New Yorkers Against Congestion Pricing Tax, said his clients are waiting to see what action the MTA’s board takes at its June 26 meeting, but could refile a lawsuit emphasizing the potential impacts of the tolls on small businesses as soon as next week
Lester added that Hochul’s pause on the fees, due to what she says are her concerns about the economic impact of the charge on motorists, provide fresh legal fodder for court action.
“It will be a critical part of our case,” said Lester in an interview. “We’re very confident because the governor saw the light at the eleventh hour and that was based on her assessment of the negative economic impacts.”
Caroline Spivack , 2024-06-21 20:00:00
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