Commonwealth Court Judge Ceisler halts PennDOT’s tolling plan

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Pennsylvania Commonwealth Court Judge Ellen Ceisler put a halt to the Pennsylvania Department of Transportation’s (PennDOT) plan to toll nine bridges throughout the Commonwealth until a full court can decide on the plan.

In November 2020, PennDOT’s P3 Board voted to toll interstate bridges it planned to repair or replace without naming which bridges. The department announced the list at the governor’s direction three months later. According to Act 88 of 2012, the board must assess each project’s scope, framework, and impact on citizens, as well as do a cost/benefit analysis before approving projects. In November 2021, Bridgeville Borough and South Fayette and Collier townships filed suit demanding PennDOT be stopped as it violated this law. And in March 2022, PennDOT hired a foreign company to be the lead contractor on the tolling projects.

Republicans applauded the judge’s injunction.

“I’m thrilled the court is taking action, and this is a good start. Earlier today, the full Commonwealth Court held a hearing on the lawsuit filed by Bridgeville Borough and South Fayette and Collier townships related to the I-79 bridge,” Rep. Jason Ortitay (R-Washington/Allegheny) said. “While this injunction was issued in regard to a court case filed by Cumberland County and several municipalities against PennDOT related to the tolling of the I-83 bridge in Harrisburg, it applies to all nine bridges. The attorneys for our lawsuit assisted Cumberland County with its filing.”

Ortitay said the hearing will look at the PennDOT contract that would pay a foreign company millions even if the project was canceled.

“We had a good hearing today. Based on questions by the judges, it appears they are very skeptical of PennDOT’s actions. It is abundantly clear that PennDOT violated the P3 process. I’m very hopeful this will become a permanent injunction.”

U.S. Representative Glenn “GT” Thompson called PennDOT’s actions a disregard for the will of the people.

“PennDOT has blatantly ignored public opinion as it speeds forward with a tolling plan that will put yet another tax and burden on the traveling public. PennDOT has acted unaccountable to stakeholders and legislators and has not conducted necessary studies associated with safety, the environment, traffic diversion, local impacts, and anticipated revenues.