NEW YORK (1010 WINS) — The MTA announced on Monday that a federal judge’s opinion regarding a lawsuit filed by the state of New Jersey means that congestion pricing will begin in New York on Sunday as scheduled, but New Jersey Attorney General Randy Mastro said that due to the decision’s partial remand, the tolling program “cannot proceed.”
Judge Leo Gordon 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.
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.
“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.