New Jersey is not giving up on the fight to stop congestion pricing, even though New York City is just days away from implementing it.
Lawyers for New Jersey Gov. Phil Murphy filed a last-ditch effort late Tuesday night to block the MTA from turning on automatic cameras. Starting Sunday, automatic cameras will charge drivers when they enter Manhattan’s 60th Street and below.
Attorney Randy Mastro told Senior U.S. Judge Leo Gordon of a ruling earlier this week that ordered the MTA and Federal Highway Administration to provide more information about some of their congestion pricing plans. I asked him to explain.
Gordon’s order does not specify whether the controversial tolls will go into effect as planned. But Mr. Mastro argued that Mr. Gordon’s ruling effectively revoked key federal approvals that prevented New York state from enacting the plan, at least for now.
A judge is scheduled to hold a hearing Friday afternoon at New Jersey’s request.
“The additional review ordered by this court is fundamentally inconsistent with (federal appeals) law by allowing the MTA to move forward with the nation’s first congestion pricing program before the FHWA has begun, much less completed. “and the significance of this court’s decision,” wrote Mastro, who represented then-New York City Mayor Rudy Giuliani and was also a recent municipal corporation candidate for Mayor Eric Adams. Please consult before withdrawing.
Mr. Gordon’s decision on Monday heightened a high-stakes divide between New York and New Jersey, both states led by Democratic governors that have so far been largely allies. But more than a year of legal battles over congestion pricing have left proponents arguing that it is critical to reducing New York City’s congestion and emissions while strengthening the transit system, and opponents saying it is important to reduce congestion and emissions for commuters. It highlighted the rifts surrounding the policy, with some arguing that it could impose a burden on local residents and have a negative impact on surrounding communities.
New York Governor Kathy Hochul and MTA Chair Jano Lieber insisted the judge’s ruling would not prevent the program from starting this weekend. Murphy’s office took the opposite position, prompting Mastro’s court filing Tuesday.
Barring further orders from a judge, the MTA plans to begin charging toll fees that have been in place for several years now ($9 for daytime passenger vehicles).
Congestion pricing is designed to reduce traffic in Manhattan while generating billions of dollars in revenue to enhance MTA service and infrastructure, the program’s promoters say. But traffic may also increase in areas outside of what is known as the central business district.
Gordon’s recent ruling challenges the federal government and MTA officials to explain why the program’s mitigation plan allocates more funds in the Bronx than in New Jersey to address such traffic impacts. I ordered him to explain. The judge also asked for more details about what those plans might include.
The base fare for most drivers below 60th Street in Manhattan is $9 and applies from 5 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends. During night hours, the price drops to $2.25.
Rates vary depending on commercial vehicles such as trucks and buses, but are generally higher than passenger cars. Motorcycles cost $4.50 during peak hours and $1.05 at night, according to the MTA.
This story has been updated with additional information.
