Feds formally rescind Sakonnet Bridge toll order

Town of Portsmouth agrees to dismiss lawsuit

Posted 5/21/19

PORTSMOUTH/TIVERTON — It’s official: There will be no future tolls on the Sakonnet River Bridge.

The Federal Highway Administration (FHWA) has formally rescinded an April 23, 2013 …

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Feds formally rescind Sakonnet Bridge toll order

Town of Portsmouth agrees to dismiss lawsuit

Posted

PORTSMOUTH/TIVERTON — It’s official: There will be no future tolls on the Sakonnet River Bridge.

The Federal Highway Administration (FHWA) has formally rescinded an April 23, 2013 revised record of decision (ROD) that effectively granted federal authority to the state to impose tolls on the bridge. Because that authorization was never withdrawn after bridge tolls were halted in 2014, many suspected a scheme to eventually restore the tolls.

FHWA had already agreed to rescind the ROD, but it didn’t become official until it was published in the Federal Register on Tuesday, May 21.

“Rescinding the 2013 Revised ROD will invalidate the actions taken pertaining to the implementation of tolling on the Sakonnet River Bridge,” the notice stated.

It continued: “Any future Federal-aid action within the Sakonnet River Bridge must comply with environmental review requirements of the National Environmental Policy Act …”

Now that the ROD has been rescinded, the Town of Portsmouth has agreed to dismiss its federal lawsuit, filed earlier this year in U.S. District Court, that challenged the legality of tolling motorists who cross over the span connecting Portsmouth and Tiverton.

Named as plaintiffs in the suit were Carlos C. Machado, division administrator of the FHWA; Peter Alviti, Jr., director of the R.I. Department of Transportation (RIDOT); and Buddy Croft, executive director of the R.I. Turnpike and Bridge Authority (RITBA).

A notice of voluntary dismissal, without prejudice against the defendants, was signed by Town Solicitor Kevin Gavin on Tuesday.

FHWA initially responded to the town’s suit by saying it could not rescind the order on its own because RIDOT was the project sponsor and joint lead agency at the site. In an April 2 letter to Mr. Machado, however, RIDOT Director Alviti formally asked FHWA to rescind the ROD.

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