AMERICAN TRUCKING v. NY STATE THRUWAY AUTHORITY

No. 17-737 (L), 17-873 (Con) August Term 2017.

886 F.3d 238 (2018)

AMERICAN TRUCKING ASSOCIATIONS, INC., Wadhams Enterprises, Inc., Lightning Express Delivery Service Inc., Ward Transport & Logistics Corp., on behalf of themselves and all others similarly situated, American Bus Association, DATTCO, Inc., Starr Transit Co., Inc., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. NEW YORK STATE THRUWAY AUTHORITY, New York State Canal Corporation, Thomas J. Madison, Jr., in his official capacity as Executive Director of the New York State Thruway Authority, Howard Milstein, in his official capacity as Chair of the New York State Thruway Authority/Canal Corporation Boards of Directors, Donna J. Luh, in her official capacity as Vice-Chair of New York State Thruway Authority/Canal Corporation Boards of Directors, E. Virgil Conway, in their official capacities as members of the New York State Thruway Authority/Canal Corporation Board of Directors, Richard N. Simberg, in their official capacities as Members of the New York State Thruway Authority/Canal Corporation Board of Directors, Brandon R. Sall, in their official capacities as Members of the New York State Thruway Authority/Canal Corporation Board of Directors, J. Rice Donald, Jr., in their official capacities as members of the New York State Thruway Authority/Canal Corporation Board of Directors, Jose Holguin-Veras, in their official capacities as members of the New York State Thruway Authority/Canal Corporation Board of Directors, Bill Finch, in his official capacity as Acting Executive Director of the New York State Thruway Authority, Joanne M. Mahoney, in her official capacity as Chair of the New York State Thruway Authority/Canal Corporation Boards of Directors, Robert L. Megna, in his official capacity as a member of the New York State Thruway Authority/Canal Corporation Boards of Directors, Stephen M. Saland, in his official capacity as a member of the New York State Thruway Authority/Canal Corporation Boards of Directors, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2018.


Attorney(s) appearing for the Case

CHARLES A. ROTHFELD , Evan M. Tager , Matthew A. Waring , Mayer Brown LLP, Washington, DC; Richard Pianka , ATA Litigation Center, Arlington, VA, for Plaintiffs-Appellants.

ANDREW W. AMEND , Senior Assistant Solicitor General, of counsel, ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General, State of New York, for Defendants-Appellees.

Before: Calabresi, Cabranes and Lohier, Circuit Judges.


The questions presented are: (1) whether the District Court correctly dismissed the Dormant Commerce Clause claims of plaintiffs, challenging the authority of defendants to allocate surplus highway toll revenues to New York's canal system; and (2) whether the District Court properly determined that defendants...

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