Congestion pricing in New York City faces a fifth federal lawsuit

New York City’s looming congestion pricing plan is facing another federal lawsuit, bringing the total to at least five.

The latest lawsuit challenging the congestion pricing was filed in a federal district court in New York by dozens of New York City residents, business owners and city council members. Spearheaded by a group called New Yorkers Against Congestion Pricing Tax, the lawsuit seeks class-action status.

Similar to the other lawsuits, the class-action lawsuit claims that the defendants – which include federal, state and local transportation agencies – illegally expedited the environmental review process required per the National Environmental Policy Act.

Per the National Environmental Policy Act, New York City’s congestion pricing plan required an environmental assessment. That assessment resulted in the Federal Highway Administration issuing a “finding of no significant impact.”

However, plaintiffs in the class-action lawsuit, and preceding lawsuits, have argued that the environmental assessment did nothing to address the environmental and socioeconomic impacts of congestion pricing. The lawsuit points out that details of the plan were not known until November of last year, well after FHWA issued its final environmental assessment.

Consequently, those opposing New York City’s congestion pricing plan want an environmental impact statement.

An environmental impact statement is required if a proposed major federal action is determined to significantly affect the quality of the human environment. Requirements for the statement are more detailed and rigorous than those for an environmental assessment.

Some issues raised in the class-action lawsuit include:

• Residents of nearby neighborhoods may suffer an expected increase in illnesses and exacerbation of pre-existing respiratory illnesses due to traffic diversion
• Residents relying upon mass transit to commute into Manhattan will suffer from current deficiencies in New York City’s mass transit infrastructure, including overcrowding
• Impacts to local businesses

“The significant environmental consequences of congestion pricing concern, among other things, the severe adverse impacts of increased traffic flow and congestion to certain neighborhoods within and in proximity to the Central Business District (“CBD”), particularly communities of low income, minority populations and neighborhoods designated as environmental justice communities, and the financial burdens upon the working poor with no mass transit options to commute to their employment,” the lawsuit states.

On Jan. 4, the United Federation of Teachers and the office of the Staten Island Borough President filed a similar lawsuit in a federal New York district court. That lawsuit was preceded by a lawsuit filed by the mayor of Fort Lee, N.J. in November and another filed by a group of residents in Manhattan’s Battery Park City neighborhood. In July, New Jersey Gov. Phil Murphy announced the state was suing the U.S. Department of Transportation and FHWA over New York City’s congestion pricing plan, citing the need for an environmental impact statement. LL