A federal judge rejected New Jersey’s challenge to the Metropolitan Transportation Authority’s congestion pricing plan Friday night, meaning come midnight Sunday it’s likely drivers will pay a toll to enter Manhattan at 60th Street and below.
After hours of hearings and closed-door meetings with attorneys, U.S. District Court Judge Leo Gordon clarified his 70-page decision from earlier this week when he denied New Jersey’s attempt to stall the first-in-the-nation plan to toll drivers $9 to enter the city at peak hours.
NEW YORK, NEW YORK – NOVEMBER 14: Cars and trucks are seen leaving the Queens Midtown Tunnel on November 14, 2024 in New York City. Gov. Kathy Hochul is announcing plans to restart the MTA’s congestion pricing program with a new reduced price of $9 base toll for passenger cars, which is a 40% reduction from the price previously approved by the MTA. (Photo by Michael M. Santiago/Getty Images)
New Jersey is expected to appeal Gordon’s decision to the Third Circuit Court of Appeals Saturday. Gordon turned down New Jersey’s request for a five-day delay of the program while it pursues an appeal.
Toll: Judge rejects congestion pricing challenges from Rockland and Orange counties
New Jersey’s challenge centered on whether Garden State communities will be compensated for the increased truck traffic and air pollution caused by the tolling plan.
Gordon urged the MTA to spell out New Jersey’s compensation package in the months ahead, but said those concerns were not enough to delay the start of a tolling plan designed to reduce pollution and deliver some $15 billion to the MTA so it can buy subway and rail cars and pay for other upgrades. “The harm at issue here is one of money,” Gordon declared.
In June, Gov. Kathy Hochul paused the planned start of congestion pricing, saying the $15 toll proposed at the time was too high. She reconsidered in November and backed the $9 toll. It increases to $12 in 2028 and $15 in 2031 for passenger vehicles.
Gov. Kathy Hochul announces on Nov. 14, 2024 the revival of a congestion pricing plan with a $9 toll for drivers entering Manhattan below 60th Street.
MTA attorneys told Gordon it was “always contemplated” that New Jersey communities would receive compensation, known as mitigation, for the environmental impacts of the pricing plan.
Ruling: Judge rejects NJ pleas, allows Manhattan congestion pricing to start Sunday
Hochul’s critics accused her of waiting until after the November elections to support a toll unpopular in New York City’s suburbs.
And during Friday’s hearing, Randy Mastro, the attorney representing New Jersey, said there was little harm in delaying the program’s start since it had already been paused “for political purposes.”
“You’re the last line of defense and you’ve already recognized they got it wrong,” Mastro added.
On Dec. 23, a White Plains federal judge rejected a request by Orange and Rockland counties to delay the program’s start. Those claims centered on whether the new toll was an unauthorized tax on Lower Hudson Valley residents with limited public transportation options.
“It is a toll, not a tax,” U.S. District Court Judge Cathy Seibel said.
Thomas C. Zambito covers energy, transportation and economic growth for the USA Today Network’s New York State team. He’s won dozens of state and national writing awards from the Associated Press, Investigative Reporters and Editors, the Deadline Club and others during a decades-long career that’s included stops at the New York Daily News, The Star-Ledger of Newark and The Record of Hackensack. He can be reached at tzambito@lohud.com.
This article originally appeared on Rockland/Westchester Journal News: Congestion pricing nears after judge rejects NJ’s bid stall NYC toll