Judge tosses legal challenges to shelved New York City congestion pricing plan

A federal judge has tossed out most of the legal challenges mounted by several New York-based plaintiffs suing to stop the MTA’s now-shelved congestion pricing plan.

In a 113-page ruling issued Thursday, U.S. District Judge Lewis Liman dismissed nearly all the legal claims made by about 50 different plaintiffs looking to halt the Metropolitan Transportation Authority’s Central Business District Tolling Program, including the United Federation of Teachers, Staten Island Borough President Vito Fossella, and several New York City residents and elected officials.

The first-in-the-nation congestion pricing plan would have charged most vehicles $15 for driving below 60th Street in Manhattan, with the goal of reducing traffic, improving air quality and generating funding for transit investments.

The lawsuits — and others still pending by litigants in New Jersey and the Town of Hempstead — were widely considered the final obstacles in the way of the MTA charging the new tolls beginning on June 30. But earlier this month, Gov. Kathy Hochul reversed her previous support for congestion pricing and ordered an “indefinite pause” to the plan, citing affordability concerns.

In his ruling Thursday, Liman noted that, with Hochul’s about-face, “the policy’s fate remains uncertain.”

“Many have debated — and undoubtedly will continue to debate — the wisdom of the Legislature’s and Governor’s respective choices. But that is not the question before this Court,” Liman wrote. “The question before the Court is whether federal regulatory power, not political choices, stands in the way of a novel public policy approach to a pressing public issue.”

Hochul's office did not immediately respond to requests for comment.

Liman noted that the key argument made by the plaintiffs was that the review process undertaken by MTA, state and federal regulators “did not amount to a ‘hard look’ at the environmental implications of Congestion Pricing.”

Liman said he “cannot agree” with that assessment, given the “meticulous analysis” made by the defendants, which spanned more than four years and resulted in more than 45,000 pages of records.

Liman dismissed all the claims, except for a few relating to a recent ruling by federal regulators that had not been issued by the time oral arguments were heard on the lawsuits last month. He deferred a decision on those claims pending a future “supplemental briefing.”

Alan Klinger, a Manhattan attorney who represented several of the plaintiffs, held out hope for victory in those outstanding claims.

“We believe that the heart of this dispute centers on the defendants' failure to analyze the actual congestion pricing plan,” Klinger said in an interview Thursday evening, adding that federal regulators' recent approval of the final plan was “deficient on many levels.”

In a statement, MTA attorney Paige Graves expressed appreciation for Liman's "thorough evaluation" and his "acknowledgment of the comprehensive analyses and public process" that went into getting federal approval for the plan.

"We stand ready to relieve congestion and improve transit service for millions of riders," Graves said.

Even with the legal win, the MTA has said it is unable to move ahead with congestion pricing without the blessing of Hochul. In a letter to judges involved in the various suits sent earlier this month, project officials noted that Hochul “has directed the MTA to pause implementation” and that “as a result at this time, we no longer anticipate implementation of the Program on the prior expected implementation date.”

A Siena College survey released Thursday found voters — by a 2-to-1 ratio — back Hochul’s move to put the brakes on new tolls for driving into Manhattan. Support is strong across party, geographic and economic lines.

Congestion pricing advocates on Thursday celebrated the court’s ruling, and used it to urge Hochul to reconsider her stance.

Danny Pearlstein, of the Riders Alliance, said Hochul should take Liman’s decision “as her opportunity to revive congestion pricing.”

“Now that a federal court has upheld the MTA's exhaustive environmental review, our governor should feel comfortable with moving forward and delivering the program's benefits,” Pearlstein said in a statement.

“Today’s ruling by the Southern District of New York offered more validation that the countless hours of work, thousands of pages of analysis and hundreds of hours of public input yielded a congestion pricing plan that is solid to the core,” Lisa Daglian, executive director of the MTA Permanent Citizens Advisory Committee, said in a statement. “Governor Hochul, we beseech you: take heed, follow the law, and unpause the pause.”

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.