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Defenders of Congestion Pricing Said Plaintiffs Too Late Now Injunction Motion Is Revived

by Matthew Russell Lee, Substack

SDNY COURTHOUSE, Nov 21   –  Lawsuits against New York City's congestion pricing plan were heard on May 17 by U.S. District Court for the Southern District of New York Judge Lewis J. Liman. Inner City Press was there and live tweeted. Thread.

On July 8, in the wake of Governor Hochul's 11th hour announcement, a proceeding on the still pending request for a preliminary injunction in one of the case was held, Inner City Press covered it, thread

Jump cut to November 21, after Governor Kathy Hochul announced revival at $9 - another hearing Inner City Press covered, thread:

 Judge Liman: What's the status of congestion pricing?

Defense lawyer: Governor Hochul's phase-in plan has been approved by the Board. The proposal is to start the tolling on January 5 Judge: So far the only preliminary injunction motion I have is from the truckers

Judge: Anyone else planning to move for injunctive relief?

Plaintiffs' lawyer: We are considering it. We could join in the Truckers Association motion

 Judge Liman: When can you decide? Plaintiffs' lawyer: By Tuesday. Judge Liman: So November 26 

 Judge Liman: I'm thinking of making the deadline for preliminary injunction motions November 29. Sorry about Thanksgiving; maybe some papers are ready. Reply on December 6. Does the plaintiff want to put on any evidence? I'm prepared to set a hearing date

A plaintiffs' lawyer: There is a recent report by City Planning we'd like to put in on consent. Judge Liman: But no need for a hearing. I may or may not grant a preliminary injunction. But may I resolve the case in full? Plaintiffs lawyer: The dates are contrived

Judge Liman: The government sets a date for things, that happens all the time.  Plaintiffs' lawyer: There are questions of intent and of effect. If you do not find the intent of congestion pricing unconstitutional or Federally preempted, we may move to effects

Judge Liman: How about a hearing on Friday Dec 20, 2 pm? Trucking Association: That's a problem. Judge: Does it work for everyone else?

Judge: Well, get back to me. Adjourned

Judge Lewis
                        Liman by Elizabeth Williams courtesy to Inner
                        City Press
Judge Lewis J. Liman by elizabethwilliamstudio.com courtesy to Inner City Press

  

More on X for Subscribers here & on Substack here

The cases are New Yorkers Against Congestion Pricing Tax, et al., vs. United States Department of Transportation, et al., 1:24-cv-367  and Trucking Association of New York v. Metropolitan Transportation Authority, et al., 1:24-cv-4111 (Liman)

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