Green light for congestion pricing as judge rules against New Jersey

A U.S. federal court on Friday denied a late legal challenge filed by New Jersey to the Metropolitan Transportation Authority’s lower Manhattan congestion pricing plan, clearing the way for tolling to begin Sunday.

Judge Leo Gordon ruled that in order to stop the toll from starting, plaintiffs would have had to show irreperable harm, which they failed to do. He ruled they were unlikely to win on the merits to throw out the federal environmental assessment.

Randy Mastro, an attorney for the plaintiffs seeking to stop the tolls below 60th Street in Manhattan, argued that because Judge Leo Gordon in a Dec. 30 ruling had found potential deficiencies in an environmental assessment used to approve the plan, he must vacate the entire document.

At one point he implored the judge, “Don’t do this to yourself, your ruling has meaning and force, but only if you stop this from going forward” before Sunday.

Lawyers for the MTA and federal Department of Transportation argued that the judge’s earlier order for more study of spending in New Jersey was far from implying “irreparable harm.” They noted that mitigation spending would not kick in anywhere — including the Bronx — on day one of the program, so that was not reason to delay implementation.

Speaking outside of the courthouse before the hearing, Lisa Daglian, of the Permanent Citizens Advisory Committee to the MTA, said, “today [we have] the opportunity to say: enough. Let’s flip the switch on midnight on Sunday to get congestion pricing started. First in the nation. Where we lead, others will follow.”

New Jersey had filed its case earlier this year, claiming that the federal Department of Transportation erred in finding that the MTA’s plan would have no significant environmental impact on New Jersey. Following the finding, federal officials green-lit the plan.

But New Jersey claims congestion pricing will cause its residents “irreparable harm” by increasing traffic on its roadways and causing poorer air quality.

New Jersey’s challenge is one of at least 10 cases seeking to block the plan, but actions in the other cases are not expected before congestion pricing takes effect.

President-elect Donald Trump has opposed the plan, though experts say it would be more difficult for him to block it if the program is already underway.

The DOT’s 2022 environmental assessment of the plan — which New Jersey disputes — predicted that traffic would increase overall in New Jersey by 0.02% in the short term, with the greatest effect in Bergen County, where it would increase by about 1.1%. However, it recognized that localized areas could have higher levels.

On Dec. 30, Judge Leo Gordon had issued a mixed opinion that largely sided with the DOT, finding its environmental assessment and its “finding of no significant impact” on New Jersey were partially valid.

However, noting that the case required a high standard for questioning the judgment of DOT officials, Gordon found that the DOT “acted in an arbitrary manner” when it set aside funding for mitigation in the Bronx but did not do the same for communities in New Jersey. Gordon sent back the issue to the DOT for “further explanation, and if appropriate, reconsideration of the rationale providing for differing levels of mitigation commitments.”

Following that ruling, both sides claimed victory. Attorneys for New Jersey lawyers argued that the remand on the mitigation issue required the court to halt to the entire program before it starts on Jan. 5, while Gov. Kathy Hochul, who approved the $9 toll in November after initially pausing the plan for a $15 toll in June, called the order a “massive win” for commuters.