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Federal judge rejects arguments against Manhattan congestion pricing plan

Review process was thorough, judge says, but MTA program remains on hold

New York’s congestion fee would have imposed tolls on those driving below 60th Street in Manhattan. (Photo: Jim Allen/FreightWaves)

A federal judge in New York has rejected arguments challenging the Metropolitan Transportation Authority’s congestion pricing plan — which would charge truck drivers up to $36 for driving into Manhattan — and sided with officials hoping to implement the plan that they tout as a way to decrease traffic and improve transit.

Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York issued a 113-page ruling Thursday addressing arguments brought against the toll program, which had been scheduled to go into effect next Sunday until Gov. Kathy Hochul issued an indefinite pause on the program earlier this month. Liman’s opinion has no effect on the pause.

The suit was brought by multiple plaintiffs, including the United Federation of Teachers, Staten Island Borough President Vito Fossella and other elected officials.

The Central Business District Tolling Program would charge most drivers $15 for driving below 60th Street in Manhattan, while heavy-duty truck drivers would be charged $24 to $36 during peak hours. The Trucking Association of New York filed a separate suit to stop the plan in May, arguing that truck drivers would bear the brunt of the fees.


Opponents of the measure have cited issues with the cost and burden placed on drivers, as well as environmental concerns.

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Liman wrote that the plan’s four-year review process was thorough — spanning 45,000 pages — and adequately covered environmental worries.

The idea of congestion pricing isn’t new — the concept was conceived in 1952, Liman wrote — but it would be the first time the plan was implemented in the United States. Politicians have floated the idea over the years to curb Manhattan traffic but have failed to bring it to fruition. Proponents view it as a necessary way to improve the city’s aging infrastructure by creating a fund for projects. 

“The policy’s fate remains uncertain,” Liman wrote, as other lawsuits remain ongoing and Hochul is no longer backing the plan. The governor said she paused the toll to avoid placing financial burdens on working-class families. Her decision leaves MTA projects in limbo as transportation officials wait to learn the fate of congestion pricing.

“New York State law places an obligation on MTA to implement a congestion pricing program, and the agency stands ready to do so,” MTA Chief Financial Officer Kevin Willens and MTA General Counsel Paige Graves said in a joint statement. “But under applicable federal law and regulation, the MTA cannot act until the Central Business District Tolling Program is approved by New York State, New York City and the federal government — and with the announcement of the pause, we no longer have the State’s consent.”

4 Comments

  1. Emmanuel Antwi

    This is a very bad idea because it would burdens the average teacher and nurses I’m talking about the essential workers of the city the police officers if we need money for the city, we should find another way to create more money not to create more problems if there’s too much cars in the city, why are we keep registering more cars, and if you are registering those cars, where do you want us to drive the cars to then we should cut on how many cars we could register in the city in the year thanks Governor Stay on ground we with you….

  2. Joe Kovar

    This type of congestion program works in other parts of the world such as Singapore, London, San Diego Stokholm and Milan. Why can we not do that in New York City, we need it now.

  3. John

    I think this is in his personal opinion The plan will not work in the long run for Manhattan businesses. Doctors and patients will flee. Construction companies will be scarce, on and on! Once the plan is implemented, the MTA will figure out something else to charge if the plan doesn’t meet the financial target.

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Brinley Hineman

Brinley Hineman covers general assignment news. She previously worked for the USA TODAY Network, Newsday and The Messenger. She is a graduate of Middle Tennessee State University and is from West Virginia. She lives in Brooklyn with her poodle Franklin.