Federal approval for new congestion pricing plan, judge may still call halt

The federal government approved the new congestion pricing plan proposed by the Metropolitan Transportation Authority (MTA) on November 22. However, whether it will be implemented as planned on January 5 next year remains uncertain. Manhattan federal judge Lewis Liman, who is handling the congestion pricing lawsuit, announced on November 21 that a hearing will be held on December 20 to listen to arguments from both opponents and supporters before deciding whether to issue a temporary restraining order to prevent its implementation.

The Federal Highway Administration (FHWA) released a reassessment of the new congestion pricing plan on November 21, confirming that the original final environmental assessment conclusions are still valid. On November 22, the Federal Department of Transportation, New York State Department of Transportation, and City Transportation Department signed the agreement for the congestion pricing “Value Pricing Pilot Program,” completing the final documentation required for the legal implementation of the congestion pricing on January 5 next year.

However, just a day before, Judge Liman stated that on December 20, he would listen to arguments from both the plaintiffs and defendants before making a ruling. The plaintiffs, including the Trucking Association of New York (TANY), the United Federation of Teachers (UFT), and other organizations against congestion pricing, must submit their reasons for seeking a temporary restraining order to stop the implementation of congestion pricing by November 29. The defendants, including the New York State government, city government, and MTA, must submit their supporting arguments and documents to the court by December 2.

This lawsuit is just one of the nine lawsuits opposing congestion pricing. New Jersey Governor Phil Murphy also filed a lawsuit in Newark Federal Court, claiming that congestion pricing was implemented without conducting proper environmental reviews. Judge Leo Gordon is considering whether Murphy’s request for a temporary restraining order to halt the implementation should be granted. Murphy reiterated in a Bloomberg TV interview on November 22 that he will “do everything in his power” to stop congestion pricing. Additionally, there are three lawsuits filed by transportation and environmental groups opposing the suspension of implementation. The plaintiffs in these lawsuits have reached settlement agreements with the state government. If congestion pricing is implemented as scheduled on January 5 next year, the plaintiffs will withdraw their lawsuits.

In the face of these pending lawsuits, MTA Chairman and CEO Janno Lieber expressed confidence that congestion pricing will be implemented as planned.