The attorneys representing plaintiffs in four lawsuits aiming to stop congestion pricing were back in court Thursday. Now they’re looking to file motions seeking preliminary injunctions as the clock ticks closer to the Jan. 5 start date.

This comes as the MTA says it’s set to submit the paperwork for the updated congestion pricing plan within days to the Federal Highway Administration. It’s expected to be approved quickly.

What You Need To Know

  • As the MTA readies its updated congestion pricing plan for federal approval, four cases in New York came before a judge to set a date to hear their motions for preliminary injunctions to stop the toll as they argue outstanding issues

  • While three of the cases have had most of their claims dismissed, there are some state administrative and constitutional issues that must still be decided

  • The Trucking Association of New York (TANY) filed their case just a week before the pause but did submit a motion for a preliminary injunction. Now all four cases motions will be heard Dec. 20

“I do not see that this will ultimately come in to be,” attorney Jack Lester said.

Lester represents New Yorkers Against Congestion Pricing Tax, a group of small businesses and residents of areas that he says will be adversely affected by the tolling plan. While Judge Louis Liman dismissed most of the claims in their case and two others, there are still outstanding legal arguments.

“The neighborhoods that will be impacted most severely by traffic diversions will have increased pollution, increased congestion and increased incidents of asthma, health related incidents,” Lester said. “Those neighborhoods have not been properly evaluated.”

He is talking about the South Bronx, the Lower East Side and East Harlem. Lester also claims the MTA is violating state administrative procedure by not studying the economic effects. He cited a recent City Planning Commission report that shows the store vacancy rate declining in the city as evidence the climate is still precarious.

“The Planning Commission shows that the areas that will be most devastated by congestion pricing already have an epidemic of shuttered businesses,” Lester said. “And already have an epidemic of businesses that are boarded up and have lost revenue and are facing dire economic consequences.”

Meanwhile, the Trucking Association of New York filed a motion to stop the plan six months ago, and it has not been heard. Now all the plaintiffs are working together more closely.

“It’s a united front, with the teachers’ union, truckers association, the New Jersey plaintiffs, legislators of both parties,” Lester said. “It’s a bipartisan effort now.”

The New Jersey case is still yet to be decided, and there are three other cases in New York from the Town of Hempstead, Orange County and Rockland County. Those have yet to even be heard. The parties in these cases will be back in court Dec. 20.