Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.

United States Court of Appeals for the Second Circuit

Congestion pricing — Right to travel

County of Rockland v. Triborough Bridge & Tunnel Auth.

25-1963(L)

Judges Calabresi, Park, and Merriam

Background: Two New York counties commenced an action alleging New York City’s congestion-pricing program charging a toll for vehicles entering the central business district imposed an unauthorized tax, unconstitutionally restricted the right to travel, and violated both the U.S. and New York constitutions. They appeal from an order dismissing the complaint for failing to state a claim.

Ruling: The Second Circuit affirmed. The court held that the program does not create invidious distinctions among drivers or impose more than a minor restriction on the right to travel. Further, the congestion-pricing program is rationally related to New York’s legitimate interests in raising funds for mass transit and reducing vehicular congestion.

Matthew G. Parisi, of McGowan Harrington Parisi, and William S. Badura, of Orange County Department of Law, for the plaintiffs-appellants; D. Brandon Trice, of Kaplan Martin, for the defendants-appellees.

Oral argument audio