Federal Courts Rejected Attempts To Halt Congestion Pricing’s January Launch
BNN Bloomberg reported, on Monday, two federal judges denied separate applications to enjoin the January 5 start of the MTA congestion pricing program. “US District Judge Lewis Liman in Manhattan . . . rejected a request from a handful of groups to pause the program while their lawsuits [challenging the federal approval obtained by MTA] proceed. . . . Hours later, US District Judge Cathy Seibel in White Plains declined to grant injunctions sought by suburban Rockland and Orange counties.” The article included a recap of the “barrage” of legal challenges filed against the legislatively mandated MTA program.
While the rulings are a victory for MTA and New York Governor Kathy Hochul (D), the controversial program still “isn’t completely in the clear for a Jan. 5 launch. A federal judge in New Jersey may decide at any time to send the plan back for additional environmental review following a challenge from the Garden State. There is also a lawsuit by the Long Island town of Hempstead pending in state court.”
Courthouse News Service reported, Judge Liman issued an opinion and order that rejected the injunction petitions of four litigants: a state trucking association, a teachers union, an ad hoc opposition group, and the Staten Island Borough president. Their arguments, which included a claim the program violates the US Constitution’s dormant Commerce Clause, failed to convince the court of the likely merits of the lawsuits or the possibility that the program’s start would cause irreparable harm. In her case, Judge Seibel made a similar ruling from the bench, finding that the two counties failed to establish that various constitutional claims merited the granting of an injunction. The article looked at the reasoning behind both judges’ decisions.
amNY reported on reaction to the rulings from MTA officials, congestion pricing advocates, and some of the unsuccessful petitioners.
With New $2 Billion Project Plan, Illinois Tollway Entered Transitional Phase Of Capital Planning
The Illinois Tollway Authority calls the seven-year, $2 billion “Bridging the Future” capital program its board adopted last week a transition stage between the 15-year, $14 billion Move Illinois program that is winding down and a new and bigger program that is now undergoing development. The board resolution (22962) adopting the program and summarizing its funding is accessible online (see PDF pages 16-23).
Daily Herald (via Suburban Life) reported, Bridging the Future funds will advance Tollway infrastructure modernization projects and pay for the design of future projects. The initiative will also address some existing network trouble spots. “That includes coming up with an engineering solution to fix congestion at the I-355 and I-88 interchange near Downers Grove. ‘It’s one of our most complicated interchanges,’” said Chief Engineer Manar Nashif.
Other projects mentioned in the article involve:
- “removing outdated toll collection infrastructure such as barriers, booths and canopies from the system;”
- bridge and pavement repairs to I-90 between Elgin and I-39;
- replacing a road bridge over the Tri-State Tollway; and
- reconstructing a crossroad bridge on the north end of the Tri-State.
The article noted that the Tollway didn’t hold public hearings before adopting Bridging the Future. Executive Director Cassaundra Rouse said hearings weren’t conducted because a toll increase wasn’t necessary to finance the program. She added that authority officials did get input from the large Stakeholder Advisory Team it created last spring.
US Government Will Cover Full Cost Of Key Bridge Replacement
CBS News Baltimore reported, Francis Scott Key Bridge replacement funding was included in the eleventh-hour budget legislation Congress passed on December 20 and President Biden signed early the next day. Maryland Governor Wes Moore (D) issued a statement thanking Congress for the appropriation said pledging to complete a new bridge “on time and on budget.” The project’s current cost estimate is $2 billion.
The bill, HR 10545, the “American Relief Act, 2025,” states, at page 82, “The Federal share for Emergency Relief funds [appropriated by the bill] to respond to damage caused by the cargo ship Dali to the Francis Scott Key Bridge . . . , including reconstruction of that bridge and its approaches, shall be 100 percent.” The bill also provides for federal treasury reimbursement from proceeds of insurance and litigation, and continued funding (at page 53) of US Coast Guard operations related to the bridge collapse.
CBS News Baltimore also reported on the Maryland Transportation Authority (MDTA) announcement that pre-construction work on replacement of the collapsed span will start on January 7. The scope of initial work will include surveying, riverbed scanning and soil sample collection. Demolition of the destroyed span’s structure will begin in spring.
In August, the MDTA board selected Kiewit Infrastructure to carry out the $75 million first phase of the bridge reconstruction. Because MDTA adopted a progressive design-build approach to the project, the contract’s terms are limited to demolition and development of the scope of work, the design and the project requirements. However, Kiewit has exclusive negotiating rights for the second phase, which includes final design and engineering as well as construction.
These are a few of the toll industry developments TRN covered last week. If you’re not a subscriber to Daily News Briefs, click here for a free, 14-day trial. Read the news as it happens every weekday.
CFX Made First SR 429 Flex Lanes Segment Operational
OrangeObserver.com reported, on December 16, the Central Florida Expressway Authority (CFX) declared its newest flex lanes operational on a stretch of SR 429 (the Daniel Webster Western Beltway). The section runs from Tilden Road to the Florida’s Turnpike junction. By early-to-mid 2025, the entire facility covering the 13 miles from Tilden Road to the SR 414 junction will be available for use. The lanes have 26 gantries displaying directional and speed limit digital signs, and their use is controlled from a regional traffic management center. The Florida Highway Patrol will police motorists’ use of lanes.
The flex lanes are located on the left shoulders of the tollway in each direction. For the time being, CFX will temporarily open them to traffic when an incident makes one or more adjacent lanes unavailable. They can also be used to expedite evacuations during a climate emergency. Eventually, CFX can use the flex lanes to increase peak-period traffic flow, something that isn’t immediately contemplated because of SR 429’s recent widening. CFX opened its first flex lanes on SR 417 (the Central Florida GreeneWay) in the fall.
CFX spokesperson Brian Hutchings noted that a unique aspect of the SR 429 flex lanes is that they were incorporated into the design of the tollway widening project instead of being a retrofit.
CTRMA Extended Public Review Of MoPac South Project’s Recommended Alternative
The Central Texas Regional Mobility Authority (CTRMA) announced an extension of the MoPac South project virtual open house and public comment period it opened last month. Originally scheduled to last for just 48 days, the public review process will now continue 30 more days through Tuesday, January 28, 2025.
“Public input has helped guide the Project into what it is today,” said CTRMA chief executive James Bass. “We want to make sure that as many people as possible have an opportunity to review the Recommended Build Alternative and provide questions and comments, while also noting that there will be additional opportunities for official public comment later in 2025 prior to the completion of the Environmental Assessment.”
The project proposes adding one or two variably priced express lanes in each direction to an eight-mile segment of the MoPac corridor south of CTRMA’s existing express lanes. The authority announcement noted, “The Recommended Build Alternative, 2C: Two Express Lanes with Elevated Ramps Near Barton Skyway, was determined from an extensive study process that analyzed five build alternatives, six operational configuration options of the Express Lane(s) Build Alternative, and public input over the course of more than 10 years. A No Build, or ‘do nothing’ Alternative is being carried forward as a baseline for comparison.”
New York Governor Announced $100 Million Investment In State Highway Resurfacing
New York Governor Kathy Hochul (D) recently announced a $100 million initiative to “enhance the resiliency of state highways in 70 locations across New York impacted by extreme weather. With project support from the [IIJA], a total of 551 lane miles of state highways in every region of the State will be repaved, reflecting the Governor’s ongoing commitment to revamping and revitalizing New York’s aging infrastructure in the face of global climate change.”
Hochul commented that seasonal weather extremes and “and the ongoing saga of freeze-thaw cycles” present substantial road maintenance challenges. In addition to enhancing safety, she said, “Keeping our infrastructure in a state of good repair is a sound investment that not only increases resiliency but spurs economic development and tourism across New York.”
Pavement resurfacing work will begin in the spring. A detailed list of the projects and their cost estimates is included in the governor’s announcement.
Parsons Will Manage Oregon Toll Bridge Seismic Safety Evaluation
Columbia Gorge News reported, the Port of Cascade Locks, an Oregon municipal agency that operates the tolled Bridge of the Gods over the Columbia River, has awarded a project management and owner’s engineering services contract to Parsons Transportation Group for a bridge seismic safety and preservation study. The nearly century-old span has age-related deterioration and potential earthquake vulnerability, as detailed in the article.
The study, funded by a $6 million legislative appropriation requested in 2022, “will include thorough seismic and geotechnical analysis, as well as the development of a long-term preservation plan with early efforts directed toward safety enhancements, including lighting improvements.” Possible pedestrian safety improvements are also within the study’s scope.
Another Scheduling Setback For Proposed Baton Rouge Toll Bridge Project
Plaquemine Post South reported, the Louisiana Department of Transportation and Development (DOTD) announced there will be further delays in its project to build a new Mississippi River toll bridge in greater Baton Rouge. Officials said final selection of the span’s location will not occur until at least spring 2026. (Three alternatives are currently under consideration. Site selection has been postponed on at least two prior occasions.) In addition, budget constraints mean additional state construction funds won’t become available for another two years.
The project aims to improve area mobility by providing a new river crossing and highway approaches that would connect LA 1 and LA 30. The cost estimate has risen over time to $2 billion but the amount of state funding currently allocated to the project is just $392 million. State officials and the Capital Area Road and Bridge District (CARB-D) — an entity created by lawmakers to oversee study, design, and financing of the new bridge — have stated that a public-private partnership and toll collection will be part of the project financing strategy.
The Center Square (Louisiana) reported, state officials and the project manager say the project’s ongoing NEPA review process is fully funded and planning is still on track “despite shifts in scheduling, funding and new federal environmental requirements.” However, opposition to the project has also arisen based on concerns that a potential construction corridor would encroach on sensitive ecosystems and a historic residential area. Some opponents are also complaining that the NEPA study process lacks transparency.
USDOT Awarded $125 Million In Grants For Study And Construction Of Wildlife Crossings
On December 20, USDOT announced that $125 million in grants were awarded to 16 projects in 16 states through the agency’s Wildlife Crossings Pilot Program, which was created by the IIJA. The funding will cover construction of wildlife crossings and studies of potential projects and existing systems. The news release summarized several of the projects that received grants.
U.S. Transportation Secretary Pete Buttigieg stated, “Too many Americans are injured or killed each year in crashes involving cars and wildlife, especially in rural areas — which is why our Department created the first-ever program dedicated to crossings that make roads and highways safer for both humans and wildlife.” More than one million vehicle collisions involving wildlife are estimated to occur each year, with direct and indirect costs totaling over $10 billion in economic value, according to USDOT.
A KGW video report covered the award of a $33 million grant to Oregon DOT for construction of an I-5 wildlife crossing.
New York State DOT received a $324,000 grant to conduct a study of wildlife-vehicle collisions and ways to improve habitat connectivity. Governor Kathy Hochul (D) recently vetoed legislation that would have required NYSDOT to identify the most hazardous spots for wildlife collisions and develop a mitigation plan.
Spain Seeks Vendor Study Of Costa Del Sol Motorway Improvements
SUR in English reported that Spain’s transport ministry is seeking a vendor to “to undertake a preliminary feasibility study which will determine the best way to improve the flow of the A-7 motorway between Torremolinos in Malaga province and Torreguadiaro (Cadiz). The commission, worth one million euros [approximately US$1.04 million], will look at options such as increasing the capacity of the A-7 motorway, as well as creating new connections with the AP-7 toll road and improving existing ones.”
The study corridor has become highly congested as a result of area economic development and the construction of feeder roads. Potential solutions include adding A-7 capacity, constructing collector or service roads, and redesigning interchanges. Other proposals involve building bypasses in densely populated areas and creating new connections between the A-7 and the AP-7.
Advisory Panel Will Ask States And Trade Groups For Input On Interim Truck Parking Solutions
“A Federal Motor Carrier Safety Administration [FMCSA] advisory committee met for five hours Dec. 17 to recommend best practices to increase safe parking for truck drivers seeking rest,” Transport Topics reported. However, after “struggling,” the panel only generated a handful of concepts, which are summarized in the article. It concluded “it would need another meeting to complete its work by engaging state officials, trade groups and the private sector to determine what the best practices are — beyond simply allocating more money for more parking spaces.”
“In the short term, there’s got to be some infrastructure out there that we can be leveraging while we wait on legislation that will fund the creation and maintenance of more truck parking. Which is at the end of the day what we need,” said Adrienne Gildea, deputy executive director of the Commercial Vehicle Safety Alliance and vice chair of the advisory committee. Another committee member commented that the greatest need for more parking availability is along the I-95 corridor.
The committee also discussed the need to find ways to convince truck drivers to wear seat belts. FMCSA requested that members “examine the crash data and information on seat belt usage.” Federal data indicate that “a large number of fatal crashes are the result of drivers not wearing their seat belts.”
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