Congestion pricing to begin this weekend following ruling in NJ lawsuit, MTA says
Photo courtesy of strolicfurlan on Flickr
New York State will proceed with congestion pricing as planned on Sunday, following a federal judge’s ruling on New Jersey’s lawsuit against the program. The Metropolitan Transportation Authority (MTA) on Monday confirmed that the program will go into effect after Judge Leo M. Gordon determined the state had met all necessary requirements to launch the plan. However, the ruling ordered federal transportation officials to review certain aspects of the program, with a New Jersey lawyer arguing this prevents the program from starting.
In his 72-page ruling, Judge Gordon did not stop NY from moving forward with congestion pricing while the Federal Highway Administration (FHWA) conducts its review.
Gordon rejected most claims in the suit, filed by NJ Gov. Phil Murphy in July 2023, including those concerning the tolls’ financial impact, instead directing FHWA agents to investigate potential air quality effects on New Jersey communities. Gordon has set a January 17 deadline for NY to respond to his concerns.
Despite the ruling, Randy Mastro, a lawyer for New Jersey, argued that the MTA could not proceed with the program, claiming Gordon’s decision blocked the plan, according to the New York Times.
Mastro argued that the ruling found the FHWA had “acted arbitrarily and capriciously” in approving the MTA’s plan and stated that “more consideration” is needed before the congestion pricing proposal can take effect, as reported by the Times.
The lawsuit was one of the last obstacles standing in the way of the program’s implementation. NJ officials have also criticized the FHWA for allowing NY to proceed without fully considering the potential environmental impacts on their state.
In the lawsuit, NJ argued that while the MTA allocated millions to combat pollution from increased traffic in the Bronx, it failed to set aside funds for pollution mitigation in Bergen County, NJ, despite an environmental assessment showing a potential uptick in traffic there.
Shortly after, the MTA claimed it would provide funds to New Jersey for areas potentially impacted by the program. In his ruling, Gordon stated that it was unclear whether the money had been allocated fairly, and he requested further elaboration.
Michael Gerrard, a Columbia Law School professor told the Times that Judge Gordon did not specifically halt the program from starting.
“He is giving the Federal Highway Administration the opportunity to dot all the i’s and cross all the t’s, but he’s not standing in the way of the startup of congestion pricing,” Gerrard said. “I think the legal pathway is now clear for congestion pricing to begin on Jan. 5.”
Congestion pricing will charge drivers entering Manhattan below 60th Street a $9 toll during peak hours, reduced from the originally planned $15 fee. Hochul resumed the program in November after pausing it in June, just weeks before it was scheduled to begin.
The governor’s last-ditch attempt to revive the program came after President-elect Donald Trump’s election victory, following his previous pledge to eliminate the toll program during his first week in office.
“Despite the best efforts of the State of New Jersey trying to thwart New York’s ability to reduce congestion on our streets while making long-overdue investments in public transit, our position has prevailed in court on nearly every issue,” Hochul said in an official statement.
Hochul continued: “Commuters deserve a world-class transit system that’s safe, efficient and modern. Local residents deserve clean air and safe streets. Drivers deserve less congestion and reduced traffic. This is what we will begin to achieve — at a lower cost to drivers — when congestion pricing begins on January 5.”
RELATED:
