A Commonwealth Court judge Wednesday threw a wrench into the Pennsylvania Department of Transportation’s plans to establish tolls on nine bridges to pay for their replacement by a private contractor.
Judge Ellen Ceisler issued a preliminary injunction that stops PennDOT from moving forward on the plan until the full court holds a hearing to consider a permanent injunction.
The 46-page ruling and order involves a case filed by Cumberland County and several municipalities there over the proposal to charge tolls on the South Bridge on Interstate 83, but it applies across the state. One of the bridges that could be part of the program is the Interstate 79 bridge near Bridgeville, which coincidentally presented arguments in its case with several other communities to the same court Wednesday.
PennDOT says the bridges are in deteriorating condition and the state wants to turn their replacement and maintenance over to a private firm that would use tolls to pay for the work, expected to cost an estimated $2.5 billion. The challenging municipalities say the state’s board that allows public-private partnerships acted improperly by authorizing PennDOT to pursue tolling in November 2020 without identifying the bridges involved or notifying the municipalities where they are located.
In February 2021, PennDOT released the list of bridges where it would seek federal approval to charge tolls. The department has held public hearings and presented environmental assessments for several of the bridges, but the Bridgeville project wasn’t scheduled for its public review until this summer.
PennDOT also is in the process of negotiating a contract with Macquarie Infrastructure Developments LLC of Australia, an international group selected to oversee the bridge replacements.
In her ruling, Judge Ceisler said the Public-Private Transportation Partnership Board approval of the concept of tolling “lacks sufficient specificity” because it didn’t provide details on which bridges would be involved. As a result, the board couldn’t meet its other requirement of consulting with the municipalities involved before it approved the concept.
“The board essentially approved a massive multibillion dollar initiative on an admittedly meager record” that doesn’t meet the board’s requirements, she said.
PennDOT did not comment on the matter, only saying it is reviewing the ruling.
State Rep. Jason Ortitay, R-South Fayette, who encouraged the municipalities in his district to file the suit, said he was “thrilled” with the preliminary injunction. Attorneys who filed the local suit worked with those who presented the Cumberland case.
“This injunction is especially important because PennDOT said during a hearing on the Cumberland County case last month that it planned to execute a contract with the foreign company that it chose for the work,” he said. “This contract would pay the company millions of dollars even if the project was canceled due to a court ruling. PennDOT has shown that it will steamroll the process and recklessly spend taxpayer dollars for no reason.”
Mr. Ortitay said the challenge has been a long process, adding “I certainly love where this is heading now.”
House Majority Leader Kerry Benninghoff, R-Centre/Mifflin, also lauded the preliminary injunction to block what he called a “back-door tax” by PennDOT.
“Halting the Wolf administration’s bridge tolling scheme is the right move so there can be greater community involvement and legislative oversight before these types of projects are approved,” he said. “In fact, the more we learn about the administration’s current bridge tolling plan, the more it should worry Pennsylvanians.”
U.S. Rep. Glenn Thompson, R-Bellefonte, whose district includes two bridges along Interstate 80 that could be included in the tolling plan, said the state has “blatantly ignored” strong public opinion against tolling. In the Bridgeville area, more than 15,000 people have signed petitions against tolling.
“PennDOT has been executing contracts and entering into agreements, which is dishonest and wrong,” he said in a news release. “Thanks to the Commonwealth Court, PennDOT is finally being held accountable and required to follow the law. I hope this serves as a warning to those within the agency who think the public is not watching.”
State Sen. Wayne Langerholc Jr., R-Johnstown and chairman of the Senate Transportation Committee, encouraged the state to drop the tolling plan.
“The court’s ruling on the preliminary injunction is restoring proper checks and balances on PennDOT’s power,” he said in a news release. “I now urge Gov. Wolf to work with the legislature and find a compromise that is in the best interests of the Commonwealth.”
Ed Blazina: eblazina@post-gazette.com, 412-263-1470 or on Twitter @EdBlazina.
First Published: May 18, 2022, 9:42 p.m.
Updated: May 19, 2022, 10:36 a.m.
