Congestion Pricing in the Courts: NEPA as a Vehicle for Addressing Interstate Disputes

New York State’s congestion pricing scheme, perennially in the news but yet to get off the ground, is currently facing six legal challenges. Among the litigants is the state of New Jersey. The various lawsuits challenge the adequacy of the Federal Highway Administration’s (FHWA) environmental review of the program under the National Environmental Policy Act (NEPA), among other claims. In this respect, the current litigation raises interesting questions about the role of NEPA in evaluating interstate disputes. Reprinted with permission of the New York State Bar Association (c) 2024.