VA Supreme Court Upholds Toll Increase Rejection On Toll Road

ASHBURN, VA — After the State Corporation Commission rejected a proposed toll hike from the Dulles Greenway owner, the Virginia Supreme Court upheld that decision on Thursday.

Dulles Greenway's owner Toll Road Investors Partnership II had appealed the State Corporation Decision. In September, the SCC rejected a request from the toll road operator to increase the Dulles Greenway toll rates. The proposal would have hiked tolls from $5.80 to $8.10 during peak hours and $5.25 to $6.40 during off-peak hours.

Rep. Suhas Subramanyam (D-Loudoun) expressed support for the Virginia Supreme Court's ruling in a statement. As state delegate, Subramanyam introduced the 2021 legislation that gave more authority to the State Corporation Commission to reject toll hikes. The State Corporation Commission had cited the legislation as a reason for denial of the toll hike.

"Today’s ruling is a huge win for our community and families across Northern Virginia," said Subramanyam in a statement. "It’s clear that the legislation I passed that prevented toll increases was not only constitutional but the best policy for Virginians facing high costs right now. Without this critical legislation and the SCC’s actions, these already exorbitant tolls would be almost double what they are today."

Loudoun County government had formally opposed the toll rate increase and encouraged residents to provide testimony during the SCC hearing process. The county provided the SCC with an analysis showing that increased revenue per driver from a higher toll rate would be offset by more drivers avoiding the Dulles Greenway because of higher prices. Some Loudoun County officials participated in the SCC's public hearing along with residents.

"I am pleased that Loudoun County’s position on Greenway toll increases has once again been validated," said Loudoun County Board of Supervisors Chair Phyllis Randall in a statement. "First the SCC and now the Supreme Court of Virginia has determined that the proposed toll increases were excessive and unnecessary; these rulings protect Loudoun residents."

"Today's decision affirms the county's strategy to protect drivers from unreasonable Greenway tolls," added Dulles District Supervisor Matt Letourneau in the county statement. "The County put together a comprehensive, professional and unassailable case against the Greenway's proposal to raise tolls which persuaded the State Corporation Commission and now the Virginia Supreme Court."

Dulles Greenway is a 14-mile toll road between Dulles International Airport and Leesburg. During the SCC hearing process, representatives for the Dulles Greenway shared benefits the toll road has provided, including reliable commutes, a well maintained road, safety with minimal crashes and economic development. However, they said toll road usage has been below expectations, resulting in not enough revenues to pay debt obligations. The company expected toll increases to allow Dulles Greenway to pay down debt but not necessarily break even.