Teachers union challenges New York City’s congestion pricing plan

A teachers union and the State Island borough president are challenging New York City’s congestion pricing plan, which is slated to go into effect this spring.

On Jan. 4, the United Federation of Teachers and the office of the Staten Island Borough President filed a lawsuit in the U.S. Court for the Eastern District of New York against the U.S. Department of Transportation, Federal Highway Administration and several New York transportation agencies. The lawsuit seeks to halt New York City’s recently approved congestion pricing.

At the center of the lawsuit’s arguments is the environmental study that is required by the federal government to implement the congestion pricing plan. The union claims federal, state and city transportation authorities conducted a “rushed and hurried” approval process, with an “intent focus on raising revenue.”

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

According to the lawsuit, FHWA’s environmental assessment of the congestion pricing plan “ignored and failed to mitigate” many potential negative effects of the plan. When the assessment was underway, final details of the plan were unknown. Rather, the assessment looked into a series of hypotheticals.

Now that congestion pricing details have been determined, the lawsuit argues that transportation agencies must reevaluate the environmental impacts. Specifically, the lawsuit seeks an environmental impact statement, which is more detailed and rigorous than an environmental assessment.

In the lawsuit, the union calls New York City’s congestion pricing “regressive and discriminatory.”

The lawsuit claims that rather than eliminate pollution and traffic, the congestion pricing plan will merely shift pollution and traffic to Staten Island, the Bronx, Upper Manhattan and Northern New Jersey.

Those concerns were echoed by the U.S. Environmental Protection Agency. In official comments, the EPA said it “remained concerned” due to insufficient data within the environmental assessment to measure air quality impacts in the Bronx, Bergen County and Staten Island. Additionally, the EPA pointed out that traffic diversion may increase pollution in some neighborhoods, including the potential for hundreds of additional trucks in the South Bronx.

The lawsuit seeks a “full and proper” environmental impact statement from FHWA and to halt the congestion pricing plan until that statement is completed.

“We know that our traffic will get worse, our air quality will get worse and residents who must commute by car will pay an added tax to travel within their own city,” Staten Island Borough President Vito Fossella said in a statement. “We are suing because at some point, we have to say ‘enough is enough.’“

For years, the Owner-Operator Independent Drivers Association has held that congestion pricing is unfair for truckers.

In September 2019, OOIDA Director of Government Affairs Collin Long told Land Line Now that, unlike many motorists, truckers do not have flexibility when it comes to when and where they drive.

“Truckers lack the flexibility in their schedule or the control over their schedule to make certain that they are not arriving in a lot of these urban or suburban areas that are considering congestion pricing at a time when roads are at their highest congestion,” Long said.

New Jersey lawsuit

Last July, the state of New Jersey filed a lawsuit against the U.S. DOT and FHWA to stop New York City’s congestion pricing.

The lawsuit argues that the U.S. DOT and FHWA violated the National Environmental Protection Act, which requires a full environmental impact review for projects of this projected impact and scope, as well as the Clean Air Act.

In a news release, Gov. Phil Murphy called the congestion pricing “unfair taxation and discriminatory treatment” of New Jersey residents.

“After refusing to conduct a full environmental review of the MTA’s poorly designed tolling program, the FHWA has unlawfully fast-tracked the agency’s attempt to line its own coffers at the expense of New Jersey families,” Gov. Murphy said in a statement. “The costs of standing idly by while the MTA uses New Jersey residents to help balance its budget sheets are more than economic. At the MTA’s own admission, its tolling program would divert traffic and shift pollution to many vulnerable New Jersey communities, impacting air quality while offering nothing to mitigate such considerable harm. Today we stand as a unified front against this reckless scheme and reaffirm our commitment to combat the unjust taxation of our hardworking residents by other states.”

New York City’s congestion pricing plan

In December, the Metropolitan Transportation Authority approved of plans to move forward with congestion pricing in New York City’s central business district.

The recommended congestion pricing for large trucks entering the central business district is $36. The suggested charge for smaller box trucks is $24.

Congestion pricing recommendations for remaining vehicles include:

• $15 for passenger vehicles
• $7.50 for motorcycles
• $1.25 per ride for taxis
• $2.50 per ride for app-based for-hire vehicles (e.g., Uber, Lyft)

For passenger vehicles, drivers would be capped at only one central business district toll per day. Truck drivers, on the other hand, would be charged each time they entered the district.

The above congestion pricing structure would apply to the peak hours between 5 a.m. and 9 p.m. Fees would be reduced by 75% during off-peak hours.

Public hearings are expected to begin in February. After public hearings, MTA will vote on whether to authorize adoption of the plan. It is anticipated toll collection would commence in late spring. LL