NJ, NY At Odds Over Congestion Pricing Again After Court Ruling

NEW JERSEY — After a judge ruled the Federal Highway Administration needs to weigh in on New York City's controversial pricing plan, the state of New Jersey says that is enough to delay its planned start.

But, the Metropolitan Transportation Authority said Monday's ruling from the U.S. Court of International Trade will not delay the pricing plan, which is set to charge drivers $9 to enter Manhattan below 60th Street beginning on Jan. 5.

New Jersey and the borough of Fort Lee had filed a joint lawsuit against the MTA's plan, saying it would burden local residents by increasing air pollution and increased traffic. Judge Leo Gordon granted several of the state's motions in his ruling, asking the Federal Highway Administration to look into several environmental concerns.

The FHWA has until Jan. 17 to respond to the judge's order.

Attorney Randy Mastro, who represented the state in the lawsuit, said Gordon's ruling should delay the MTA from implementing the toll.

“We welcome the court’s ruling today in the congestion pricing lawsuit,” said Mastro. “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.”

Mastro added that the state 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,” he said.

But, MTA Chair and CEO Janno Lieber said that the decision "does not interfere" with plans to implement congestion pricing.

“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,” he said in a statement.

"On the two remaining issues where the Judge requested that the Federal Highway Administration (FHWA) provide additional data – information that was not yet before the Court in this proceeding – we’re confident that the subsequent Federal actions, including the approval of the revised, reduced toll rates, did put those issues to rest," Lieber continued.