Plaintiffs Look to Consolidate Manhattan Tolling Program Cases in Federal Court
"Mere policy disagreement, however, is insufficient to support the state's environmental claims against federal defendants," according to a memorandum filed by the U.S. Department of Justice, which stated that New Jersey's claims fail under a differential standard of review. "And rather than support its claims by otherwise engaging with the robust record at issue, the state instead relies on superficial arguments or selective interpretation of the record."
December 26, 2023 at 06:33 PM
5 minute read
Credit: rudi1976/Adobe Stock The fight over New York's Central Business District Tolling Program in New Jersey federal court is heating up as plaintiffs' counsel seeks to consolidate their most recent case with an action filed over the summer on behalf of New Jersey.
The most recent class action complaint was filed Nov. 1 in U.S. District Court for the District of New Jersey as Sokolich v. U.S. Department of Transportation, which challenges the Federal Highway Authority's approval of the environmental review phase of the tolling program, which imposes an additional fee on drivers in New York City's Central Business District. The new proposed toll will apply to vehicles driving below 60th Street and will cost $23, in addition to the $17 drivers already pay to cross a bridge or enter a tunnel to get into the city. The complaint alleged that the FHWA's approval, which was issued on June 27, was given imprudently without the completion of an environmental impact statement, according to the complaint.
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