New York state’s plan to charge most drivers $9 to enter Manhattan’s crowded business district cleared a key hurdle on Friday when a federal judge rejected New Jersey’s emergency request to halt the new toll plan before it starts. .
New York officials said they intend to move forward with a long-planned and controversial congestion pricing plan starting Sunday.
But a New Jersey attorney said late Friday that he planned to appeal the judge’s ruling by Sunday.
“We strongly disagree with the trial court’s decision not to halt New York’s congestion pricing program until it takes effect Sunday,” said attorney Randy Mastro. “We will continue to fight for the people of New Jersey and seek emergency relief.” .
London, Stockholm and Singapore have adopted similar charging systems to reduce traffic and climate-warming vehicle emissions and generate revenue. But New York’s plan, which would be the first of its kind in the country, has prompted at least 10 legal challenges and been repeatedly delayed, most recently by the state’s governor, Kathy Hochul. of.
In June, Ms. Hochul, a Democrat, abruptly halted the planned launch of the fee program. She reinstated the program shortly after the November election but cut the fee from $15 to $9 for most vehicles.
The New Jersey lawsuit is considered the biggest obstacle to implementing the new fees before President-elect Donald J. Trump takes office on Jan. 20.
As New York races to implement the plan before President Joe Biden leaves office, Hochul acknowledged she has offered New Jersey officials a “generous” financial settlement in exchange for dropping the lawsuit.
Settlement talks included discussions with New Jersey Gov. Philip D. Murphy, but Murphy rejected the offers, according to several people familiar with the matter.
However, Leo M. Gordon, the federal judge presiding over the case, ruled on Monday that New Jersey’s claims were not enough to allow him to completely reverse the plan, largely resolving Ms. Hochul’s case. question.
Judge Gordon did order federal officials who first signed off on the toll plan in 2023 to provide more information on how to mitigate potential environmental risks to communities closest to New Jersey’s easily accessible Hudson River tunnel and bridge crossings.
New Jersey officials interpreted Judge Gordon’s request for additional action as a partial victory, and late on New Year’s Eve they asked Judge Gordon to block the program’s launch at least until additional analysis was completed.
Judge Gordon refused after a hearing in Newark on Friday.
The hearing lasted more than two hours. The judge posed a series of tough legal questions, asking lawyers for the Metropolitan Transportation Authority, the federal government and the state of New Jersey whether his request for more information about environmental remedies automatically required a delay in starting the toll program.
Mr. Mastro, the New Jersey attorney, argued that it was. Lawyers for the MTA and the federal government said there is no legal precedent calling for stopping Sunday’s games.
Dozens of reporters and environmentalists packed the fourth-floor courtroom as the discussion grew increasingly heated.
“This is an outrage and you need to stop it now,” Mr. Mastro said of the potential for increased pollution in Bergen County near the George Washington Bridge.
Justice Department lawyer Gregory Cummins put it bluntly, “The state was wrong legally and wrong factually.”
At one point, when Mr. Mastro raised his hand to make a point after the game, Judge Gordon quickly rebuked him.
“No,” Judge Gordon said. “You took a bite of the apple. No.
Starting Sunday, most motorists entering Manhattan south of 60th Street during peak travel times will be charged a $9 toll. The new tolls are expected to help generate $15 billion to pay for essential repairs and upgrades to the city’s public transportation system and improve public transportation in New York’s suburbs.
Legal challenges are likely to continue, with a federal court potentially halting the program even after it gets off the ground.
But backers of the congestion pricing plan said they were encouraged by the timeline set Monday by Judge Gordon, who ordered the Federal Highway Administration to provide the information he requested by Jan. 17, three days before the inauguration. .
Once provided, there will be fewer ways for the incoming presidential administration to undermine the program.
“It’s time for people to stop debating whether this will happen and for leaders on both sides of the Hudson to make sure this plan is implemented effectively,” said Justin Backal Balik of Evergreen Action, a national environmental advocacy group. explain.
