Judge’s ruling is a big legal win for congestion pricing

The federal judge who is set to decide the fate of congestion pricing late Thursday dismissed key arguments in four lawsuits that have sought to kill the tolling program.
 
The judge, Lewis Liman, rejected claims from the New York Trucking Association, the president of the United Federation of Teachers, and two coalitions of New York City residents that the tolls’ impact had not been properly reviewed and that the program is unfair to drivers, among other concerns.

Liman’s 98-page decision could be a bellwether for another case the judge is overseeing: New York state’s lawsuit against the Trump administration’s efforts to shut down the toll program.

Liman’s ruling in the case against the Trump administration will be the most consequential of all the lawsuits filed to end congestion pricing. Gov. Kathy Hochul and MTA board chair and CEO Janno Lieber have repeatedly said that they will not shut down the toll program unless directed by a federal judge.

U.S. Secretary Sean Duffy has demanded the state shutter the program by April 2 0, suggesting the federal government could withhold federal funding to the MTA if New York does not comply with the deadline. As of Friday midday, Hochul’s office and the MTA said they have no plans to shut down congestion pricing.

But the Trump administration is sending mixed messages. At the same time as the U.S. DOT has called for New York to end the program on Sunday, the agency has also agreed to a legal timeline that’s expected to keep congestion pricing live at least into October, court records show.

Both sides of the congestion pricing fight agreed to a briefing schedule that will not resolve the legal dispute Liman is overseeing until the fall, therefore keeping the toll up and running until whatever a decision is made.