Court set to hear oral arguments in Rhode Island’s appeal of truck-only tolls verdict

The state of Rhode Island’s attempt to overturn a federal court’s decision that ended the state’s truck-only tolling program will soon have its day in court.

The appeal, which was formally filed with the U.S. Court of Appeals in February, seeks to reverse a federal district court’s decision that ruled the tolls were unconstitutional and “enacted with a discriminatory purpose.” After a five-month wait, oral arguments in the case are set to be heard by a panel of judges on Sept. 12 in Boston.

The original lawsuit filed by the American Trucking Associations successfully argued that Rhode Island’s tolling plan violated the Commerce Clause of the U.S. Constitution, which forbids states from imposing charges with the intent to discriminate in favor of domestic and against out-of-state or interstate entities.

In their appeal, Rhode Island argues the district court erroneously struck down a state statute on federal constitutional grounds. Additionally, the state contends the case “presents important questions relating to federalism and the dormant Commerce Clause.”

“The dormant Commerce Clause does not greenlight the district court’s brand of micromanagement,” the state’s appeal read. “The doctrine protects interstate commerce. It does not give federal judges free-ranging authority to iron out every perceived unfairness in the brass tacks of states’ revenues collection measures.”

There has been overwhelming support from the trucking industry – along with the business community – for the court to affirm the previous decision.

In May, the U.S. Chamber of Commerce filed a brief in opposition to the state’s case. Shortly after, in June, a collaborative amicus brief was filed by the American Highway Users Alliance, Intermodal Association of North America, National Association of Truck Stop Operators, Truckload Carriers Association, Truck Renting and Leasing Association, and trucking associations from every state except Delaware and Kansas.

“Rhode Island’s tolling system was designed for the express unconstitutional purpose of forcing out-of-state trucks engaged in interstate commerce to finance repair of Rhode Island’s bridges,” the chamber’s brief read. “There is no denying that out-of-state trucks pay more in RhodeWorks tolls than do local trucks in Rhode Island – and they pay more because they are engaging in interstate commerce.”

There has also been support for the state’s case, with the International Bridge, Tunnel and Turnpike Association filing a brief in March asking the court to overturn the previous decision, arguing the court’s application of the commerce clause was unjust.

“These tolls do not appear to have materially changed the actual behavior of in-state or out-of-state companies required to pay the toll, which is what we believe the relevant consideration should be to implicate the Commerce Clause,” IBTTA’s brief read.

The state’s pursuit of the appeal – along with the initial suit – came with a hefty price tag.

An investigative report by WJAR in January revealed the state had already shelled out $8.4 million in outside legal fees defending the truck-only tolls. In June, the station reported the state had spent an additional $375,501.63 in legal fees so far in 2023. According to that report, experts predict the state could spend upwards of $2 million more before the case is settled. LL