NEW YORK (1010 WINS) – Congestion pricing is set to begin in New York City on Sunday, but New Jersey officials are intensifying their efforts to halt the controversial tolling program.
On Thursday, Congressman Josh Gottheimer (NJ-5) joined local representatives and community members in Fort Lee to highlight the judge's findings and advocate for stronger protections for New Jersey families. Gottheimer plans to emphasize the ruling's acknowledgment of the serious environmental and health consequences that the tolling plan could have on areas like Bergen County.
"The MTA can't just sweep this under the rug," Gottheimer said. "New York, you need to actually have a plan to mitigate the effects that this is going to have on the families in northern New Jersey, on our communities, on their health, on the environment here."
The Congressman also coined a new term for the congestion toll: the lung tax, based on his concerns about the potential health impacts on New Jersey residents due to increased traffic and pollution.
"Nobody in their right mind should take transportation advice from the New Jersey politicians who have woefully failed to manage transit in their state—while also endorsing higher tolls on their own roads and on Port Authority bridges and tunnels, and higher fares on NJ Transit," MTA Chief, Policy and External Relations John J. McCarthy said in a statement. "Endless litigation over New York's program to improve its transit and reduce traffic is the height of hypocrisy."
Despite the Metropolitan Transportation Authority's (MTA) announcement that the initiative will proceed as planned, New Jersey Attorney General Randy Mastro argued that a recent federal court ruling requires the program to be paused due to unresolved issues.
New Jersey officials, including Mastro, have filed for a temporary restraining order to prevent the program from going into effect on Sunday. Opponents argue that any delay in implementation could provide time to derail congestion pricing altogether.
Judge Leo Gordon earlier this week rejected the majority of the state's complaints about the impacts of the congestion pricing plan, but did order that the Federal Highway Administration weigh in on some aspects, specifically regarding air quality concerns.
Tolling gantries are seen in Midtown on Dec. 30, 2024.Selcuk Acar/Anadolu via Getty Images
According to the opinion, "this matter is remanded to the FHWA until [Jan.] 17, 2025 for the FHWA to take actions in conformity with this Opinion." New Jersey is required to file its comments on the remand results on or before Jan. 29, and the federal defendants must file their respective response comments on or before Feb. 11, the opinion dictated.
Despite this caveat, MTA Chair and CEO Janno Lieber said in a statement that the tolling plan—which will charge most cars $9 to enter Manhattan below 60th Street during peak hours—will begin on Sunday, Jan. 5, as planned after Gov. Kathy Hochul's resurgence of the program in November.
Gov. Kathy Hochul speaks during a press conference at her NYC office on Nov.14, 2024 in New York City.Michael M. Santiago/Getty Images
"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," Lieber said. "Most [importantly], the decision does not interfere with the program's scheduled implementation this coming Sunday, [Jan.] 5."
Lieber said that he was not concerned that the additional data Gordon requested the FHWA provide will impact the final ruling.
"We're confident that the subsequent Federal actions, including the approval of the revised, reduced toll rates, did put those issues to rest," Lieber said.
Mastro fired back after the MTA released its statement, arguing that the state's litigation ended in a remand, and therefore the MTA cannot implement the plan on Jan. 5.
"The judge determined that the [FHWA] acted arbitrarily and capriciously in approving the MTA's plan, that the FHWA's decision provided no rational explanation of mitigation commitments, that New York changed its tolling scheme significantly after it gained federal approval, and that more consideration is needed before the current congestion pricing proposal may take effect," he said.
Mastro wrote that as the White House is only weeks away from being turned over to President-elect Donald Trump and his administration, there could not be a worse time to implement the $9 toll on people traveling into Manhattan for work, school or leisure.
"New Jersey remains firmly opposed to any attempt to force through a congestion pricing proposal in the final weeks of the Biden Administration," Mastro said.
Adding to the pressure, President-elect Donald Trump has voiced opposition to congestion pricing, promising to terminate the program once he takes office. Supporters of the initiative are working to activate license plate readers and begin toll collection before the Jan. 20 inauguration.
