Just over a week since congestion pricing celebrated legal victories, the MTA said congestion pricing will start as planned this Sunday after a federal judge’s ruling on Dec. 30 blunted another legal challenge to the Manhattan toll plan from New Jersey.
Judge Leo Gordon rejected most of the Garden State’s complaints about the program’s impact, but ABC 7 reported that some of the air quality concerns merited further study.
Immediately following the decision, New York politicians and transit leaders celebrated the news — and taking digs at New Jersey’s objections.
“We’re gratified that on virtually every issue, Judge Gordon agreed with the New York federal court and rejected New Jersey’s claim that the environmental assessment approved 18 months ago was deficient,” MTA Chair and CEO Janno Lieber said in a statement.
The MTA chief added that he is confident that the remaining issues where Gordon requested that the Federal Highway Administration provide more information will be put to rest through “subsequent federal actions,” including the approval of the revised and reduced toll rates.
“Most important, the decision does not interfere with the program’s scheduled implementation this coming Sunday, Jan. 5,” Lieber said.
But Randy Mastro, the attorney representing New Jersey in the case, saw it differently.
“We welcome the court’s ruling today in the congestion pricing lawsuit,” Mastro said in a statement to amNew York Metro. “Because of New Jersey’s litigation, the judge has ordered a remand, and the MTA therefore cannot proceed with implementing the current congestion pricing proposal on Jan. 5, 2025.”
Per the ruling, the Federal Highway Administration has until Jan. 17 to respond to the legal move and environmental concerns. Meanwhile, congestion pricing will likely continue as planned, at least according to Gov. Kathy Hochul.
“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 a statement. “This is a massive win for commuters in both New York and New Jersey. Now that the judge has issued his ruling, the program will move forward this weekend with a 40% reduction in the originally proposed cost of the toll.”
New Jersey fights back
Mastro added that New Jersey remains firmly opposed to “any attempt to force through a congestion pricing proposal” in the final weeks of the Biden Administration.
“There could not be a worse time to impose a new $9 toll, escalating over time to $15, on individuals who are traveling into downtown Manhattan for work, school, or leisure,” said Mastro, who previously was Mayor Eric Adams’ pick to be the city’s corporation counsel, only to withdraw his nomination following strong City Council objections.
U.S. Rep. Josh Gottheimer from New Jersey added that the decision was “not the outcome New York was hoping for” from the judge.
“Let’s be clear, no matter how they spin it, this isn’t the outcome New York was hoping for from the Judge,” the Congress member said in a statement. “After speaking with New Jersey’s legal team, the judge’s decision to send the case back to the states is an acknowledgment of what many of us have been saying for years: New York has completely failed to address and mitigate the cancer-causing pollution and traffic the congestion tax will wreak on Jersey families.”
Meanwhile, transit-rider leaders are celebrating Monday’s decision. Lisa Daglian, executive director of the Permanent Citizens Advisory Committee to the MTA, said it was “good news” from the judge.
“The first-in-the-nation program will reduce traffic, improve air quality, and bring critical funding for essential transit infrastructure projects,” Daglian said in a statement. “It will also benefit drivers and New Jerseyans.”
Kcassman