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A federal judge issued a partial ruling Monday in the battle between New York and New Jersey over controversial congestion pricing in New York City, finding that the Empire State has taken most of the steps needed to implement a plan to charge drivers entering downtown Manhattan.
The judge who heard the case, U.S. District Court Judge Leo M. Gordon, also called on the Federal Highway Administration (FHWA) to review and provide clarification on certain aspects of the congestion pricing program.
Although Gordon asked the FHWA for more information, he did not directly say whether the program should continue as planned on January 5, 2025.
Despite this, officials from New York and New Jersey declared victory after Gordon issued his decision.
MTA BOARD APPROVED DEMOCRATIC LEADERSHIP. REBOOT DRIVEWAYS IN HOCHUL THE GREAT REBOOT NEW YORK
FILE – Traffic in lower Manhattan after crossing the Brooklyn Bridge, Thursday, Feb. 8, 2024, in New York. New York Gov. Cathy Hatchul on Wednesday, June 5, 2024, indefinitely delayed the implementation of a plan to charge motorists hefty fees to enter downtown Manhattan, weeks before the launch of the nation’s first “congestion pricing” system. (AP Photo/Bebeto Matthews, File)
“The program will move forward this weekend,” New York Governor Cathy Hochul said.
Also weighing in was Metropolitan Transportation Authority (MTA) Chairman and CEO Jano Lieber, who said the MTA was “pleased” with Gordon’s decision.
“We are pleased that on virtually all issues, Judge Gordon agreed with the New York federal court and rejected New Jersey’s claim that the environmental assessment approved 18 months ago was insufficient,” Lieber said. “The most important thing is that the decision does not interfere with the planned implementation of the program next Sunday, January 5. On the two remaining issues on which the judge requested that the Federal Highway Administration (FHWA) provide additional data – information that has not yet been reviewed by the court in this proceeding – we are confident that further federal action, including approval of revised, reduced rates tolls, put an end to these problems.”
GOVERNOR DEM NEO CRASO ENDES CONGESTION PASSING PLAN INDEFINITELY, PUTTING PARTY ON CLIMATE
UNITED STATES – MARCH 1: MTA Chairman and CEO Jano Lieber speaks to the media during a break in a public hearing on congestion pricing on Friday, March 1, 2024, in Manhattan, New York. (Barry Williams for NY Daily News via Getty Images)
Although Hachul and the MTA declared victory over congestion pricing, New Jersey State Attorney Randy Mastro interpreted Gordon’s ruling differently, saying that congestion pricing is on hold pending further clarification from federal officials.
“We welcome today’s court ruling on the congestion pricing lawsuit. Due to the litigation in New Jersey, the judge entered a remand order, preventing the MTA from proceeding with the current congestion pricing proposal on January 5, 2025.” – said Master. “The judge determined that Federal Highway Administration acted arbitrarily and capriciously in approving the MTA plan, that the FHWA’s decision does not provide a rational explanation for mitigation obligations, that New York City has significantly changed its toll scheme since it received federal approval, and that more thought is needed before the current proposal congestion pricing may take effect.
“New Jersey remains strongly opposed to any attempt to force congestion pricing in the final weeks of the Biden administration,” he added. “There couldn’t be a worse time to introduce a new $9 toll, which will eventually increase to $15, for people traveling into midtown Manhattan for work, school or leisure.”
FILE – Pedestrians cross Delancey Street as congested traffic from Brooklyn enters Manhattan via the Williamsburg Bridge, March 28, 2019. in New York. New York Gov. Cathy Hatchul on Wednesday, June 5, 2024, postponed indefinitely a plan to charge motorists steep tolls to enter downtown Manhattan, weeks before the nation’s first “congestion pricing” system is launched. (AP Photo/Mary Altafer, File)
According to the judge’s decision, the FHWA has until January 17, 2025 to respond.
Last month, the MTA approved the Hochul Congestion Price by a 12-1 vote.
The toll will start in January and will introduce video-assisted tolling on the newly constructed entrances surrounding the city centre. Traffic traveling below 60th Street and Central Park and entering from New Jersey, Brooklyn or Queens — with the exception of the RFK Triboro Bridge and the George Washington Bridge — will be subject to a toll.
Hachul previously said she would like to see the price slightly lower than the original $15 — about $9, adjusted for inflation — and Lieber suggested he was open to seeing if a lower fee could achieve the same revenue goals.
In the end, the MTA agreed to a phased congestion pricing plan that would see Manhattan drivers pay higher fares by 2031.
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President-elect Trump has announced his intention to repeal congestion pricing once he returns to the Oval Office on January 20, 2025, a move that could be more difficult if the program is already in place.
