New Jersey is making a last-ditch attempt to block Gov. Cathy Hochul and the Metropolitan Transportation Authority's controversial congestion pricing. The fee will be imposed on drivers entering Manhattan south of 60th Street on Sunday.
Newark federal judge Leo Gordon is scheduled to hold a hearing Friday after Jersey lawyers asked for an explanation of the 72-page ruling issued earlier this week.
His decision marks the first in the nation to establish congestion pricing, despite pointing out flaws in how the U.S. Department of Transportation and MTA have addressed environmental mitigation for Garden State communities affected by the new fees. It appeared that the program had been given the green light.
“We are confident that the judge will say this case cannot proceed. How can we proceed with a plan that the federal courts say is flawed?” New Jersey Governor Phil Murphy said Bruce Nagel, one of the attorneys.
The MTA and Hochul insist that's not the case, and are pushing ahead with the tolls starting midnight Sunday unless reversed in court.
The MTA will collect a $9 toll for passenger vehicles during peak hours from 5 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends. At all other times, drivers will be charged $2.25.
Gordon said in Monday's ruling that environmental mitigation concerns on the New Jersey side of the Hudson River need to be addressed, but he did not specifically call for an end to toll enforcement.
He said the defendants erred in not providing sufficient detail about measures to reduce the environmental impact of traffic detours in the Jersey area compared to New York City locations such as the Bronx.
Randy Mastro, another Jersey attorney, said the ruling essentially invalidates a key federal authorization to stop New York from collecting tolls.
“Allow congestion pricing to begin without compliance.” [US environmental] Therefore, even if toll collection were later discontinued, this obligation would cause irreparable procedural harm to New Jersey in addition to concrete environmental harm. ” Mastro said in a post-sentence court filing.
Mastro said there is no harm in delaying implementation of the toll, noting that Hochul just delayed implementing the toll in June, arguing that it burdens working-class New Yorkers too much. insisted.
The governor initially proposed a $15 admission fee to Midtown, but infamously waited until after the November election to introduce a $9 commuter fee, which is scheduled to increase to $12 in 2028. promoted price reductions.
Some New Yorkers, including police officers, firefighters and teachers, are outraged by the toll, as are Garden State residents and elected leaders.
“New York State flipped the bird on the judge and said, 'We're just going to proceed!'” said Democratic state Rep. Josh Gottheimer, whose constituents live in the Hudson area on the Jersey side of the George Washington Bridge. said.
“There's a reason it's called the lung tax. As I read the judge's remarks, here in northern New Jersey, there is nothing proposed to reduce the impact on children's lungs or parents' lungs. And that's what we need to get answers for,” added Gottheimer, who is running for governor this year.
The MTA defended the toll and blamed Gottheimer.
“No one in their right mind should accept traffic advice from New Jersey politicians who have failed miserably to manage traffic in their state. At the same time, they should not accept traffic advice from New Jersey politicians who have failed miserably to manage traffic in their state. We also support fare increases and New Jersey Transit Authority fare increases,” said John McCarthy, director of policy and external affairs for the MTA.
“The endless lawsuits over New York City's traffic improvement and traffic reduction programs are the height of hypocrisy.”
Mass transit advocates who support congestion pricing also say it's time to move forward.
“After 18 months of litigation and throwing millions of New Jersey taxpayer dollars down the drain, Governor Phil Murphy dared to beg a federal judge for a do-over because he refused to negotiate relief.” said Danny Perlstein, a spokesperson for the Transit Riders Alliance.
But opposition is fierce in New York state, where a majority of voters say they dislike the $9 toll.
“We call on the MTA Board of Directors to convene immediately and vote to suspend congestion pricing before further damage is done,” the City Council's Common Sense Caucus said in a statement.
Even former Gov. Andrew Cuomo, who pushed through congestion pricing in 2019, currently opposes tolling.
President-elect Donald Trump also opposes congestion pricing, and although the outgoing Biden administration has approved congestion pricing, he may seek to abolish congestion pricing when he takes office on January 20th.
“It's going to hurt workers, families, and businesses, but especially anything related to jobs. It's the most regressive tax known to women (and men),” Trump said. He said this after the November election.
