Federal Judge Rebuffs a Central Argument of Congestion Pricing Lawsuits
The New York Times
The three cases are among several filed by opponents of the tolling program, which was halted by Gov. Kathy Hochul this month.
A federal judge has dismissed a key argument behind a set of lawsuits against New York’s congestion pricing plan, renewing hope among supporters of the tolling program after Gov. Kathy Hochul decided to indefinitely pause its implementation earlier this month.
Plaintiffs had claimed that federal transportation officials allowed the congestion pricing program to move forward without a comprehensive environmental review or adequate mitigation of its potential adverse effects, especially in poor and minority communities where many residents have asthma and other health problems aggravated by air pollution.
But in a 113-page ruling issued Thursday, Judge Lewis J. Liman decided that the review process — which spanned four years and yielded an administrative record of more than 45,000 pages — was thorough enough. Federal transportation officials gave “careful consideration” to congestion pricing based on a “painstaking examination” of its environmental impacts, according to the ruling.
Though the judge's decision represents a significant, if partial, legal victory for supporters of the tolling program, congestion pricing remains in limbo. With only weeks to go until the plan’s start date, Ms. Hochul halted its rollout, saying she feared the tolls could keep commuters and visitors from returning to the city and harm its post-pandemic recovery.
The office of the governor did not immediately return an after-hours request for comment.
The plaintiffs in three lawsuits filed in U.S. District Court in Lower Manhattan included two separate groups of New York City residents as well as Michael Mulgrew, the president of the United Federation of Teachers, and Vito J. Fossella, the Staten Island borough president.
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