NEW YORK — Manhattan’s congestion pricing program is set to begin Sunday, Jan. 5, following a ruling by a federal court judge in New Jersey — although the parties on either side of the lawsuit involved disagree whether the ruling allows that to happen.
The congestion pricing plan, which will charge a $9 toll for most vehicles entering lower Manhattan, will provide funding for Metropolitan Transportation Authority capital projects, including new railcars and modernized subway signaling. A number of lawsuits, including one by the state of New Jersey, have sought to block the program.
On Monday, Dec. 30, Judge Leo M. Gordon issued a 72-page ruling mostly denying New Jersey’s request for summary judgment to block the plan. As the website Gothamist reports, he did find that the Federal Highway Administration — which approved the tolling — and the MTA did not provide enough information on how they will address pollution and traffic in New Jersey. Absent that, he reserved judgment on the overall toll program until he receives additional information, for which he set a Feb. 11 deadline.
One of the lawyers for New Jersey argues that means congestion tolling cannot begin until after the judge receives and considers the additional information. But other attorneys told Gothamist that because the ruling does not include an injunction or state, New York is free to proceed.
That is the viewpoint of New York and the MTA. New York Gov. Kathy Hochul said in a Monday statement that “Despite the best efforts of the State of New Jersey … our position has prevailed in court on nearly every issue.” With the ruling, she said, “the program will move forward this weekend with a 40% reduction in the originally proposed cost of the toll.”
MTA CEO Janno Lieber said in his own statement 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.” Lieber said the decision “does not interfere with the program’s scheduled implementation this coming Sunday,” and that on the remaining issues, “we’re confident that the subsequent Federal actions, including the approval of the revised, reduced toll rates, did put those issues to rest.”
The New York Times reports that attorneys for New Jersey, in a late-night court filing on Tuesday, Dec. 31, asked Gordon to delay the start of the tolling program, saying it would cause “irreparable harm.” Gothamist reports a hearing is set for Friday, Jan. 3.
Two other federal judges last week turned down injunction requests from parties involved in other lawsuits seeking to block the start of tolling, leaving New Jersey’s suit as the last potential barrier.
Implementation of congestion pricing was to have started in mid-2024, but Hochul blocked it shortly before its scheduled start in June, citing potential financial hardships to residents [see “New York governor halts Manhattan congestion pricing …,” Trains News Wire, June 5, 2024]. That led the MTA to postpone more than $16 billion in capital plans. But shortly after November’s election, Hochul revived the plan, although with lower toll rates until 2031 [see “New York governor introduces revised …,” Nov. 14, 2024].
Notice she cancelled implementation BEFORE the election. Then OK’d it after the election.
Not surprisingly they are approaching this all wrong. Tax the companies for everyday they employ someone outside the congestion relief zone on a progressive scale based on salary. Get the rich entitled executives and lawyers to ride the trains. Don’t burden the already overtaxed employees. Then give them a pass to use the train. Thereby ensuring the tax has been paid.
Plus eliminate any private vehicle parking on public streets.
Assuming the plan does go ahead on 1/5, it will be interesting to see how much net income it generates. For those with no EZ-Pass, NY must photo the license plate, retrieve a name and address from some state’s database, generate a bill and then collect and post the incoming payments. This process alone may cost more than $9.00 per transaction. What is the follow-up if no payment is received? Does NY have the police power to force a payment? If they must bill a vehicle that enters every workday, they will issue 20 or so bills per month. A paper jungle?
If you have an EZ-Pass gadget, but place it in a metal box as you enter Manhattan, can NY read it? Or do you then pass to becoming a billed driver? May be lots of chats about schemes to save money.
FYI-In NY, a phone number is posted at all highway, bridge and tunnel toll points. Drivers without an active EZ Pass are requited to call this number to arrange payment by mail. If you don’t have, or hide, an EZ Pass, and do not call the number, you are prosecuted as a toll violator. The cost per trip would then be the tolll plus the cost of the violation. This gets really expensive really fast. Then, of course, repeated violators can be arrested.
Nothing and no one is above the law…?
In my opinion, the court’s judgment is a victory for the rule of law. New York State has every right to enact a toll if lawfully enabled by a vote of the state legislature. Which did happen. The state of New Jersey and the various courts don’t have a say in it. The New York State legislature does. (BTW there are toll roads in New Jersey.)
I am totally opposed to the misuse of the environmental assessment to overturn the lawful imposition of the toll.
This doesn’t mean I support the toll. I don’t live in New York State and I don’t vote in New York State. The legislature has spoken. The legislature was lawfully elected by the voters. If you don’t like it, vote for someone else.
Very much agree. This is how a representative democracy functions. We, as voters, have an obligation to evaluate the beliefs and positions and philosophies of those for whom we vote. Too often, in my opinion, voters get angry at the actions of those for whom they voted when they actually did not do their share of the work to evaluate candidates. “If you don’t like it, vote for someone else.” Exactly.
I live in New York. I read this civics lesson from Charles a day after watching a video of two fare-beating individuals jumping over a turnstile (two among millions of similar actors) and then proceeding to push an innocent passenger in front of a moving train. Kinda gets in your craw as you pay the toll and shovel more billions at the MTA.
GEORGE —
New York has some things going for it. I’m not at all familiar with Brooklyn or Staten Island, but Bronx and Queens have some really cool neighborhoods. Our most recent trip to NYC (1999) was to Throgs Neck, Bronx. Gorgeous.
My most famous relative (you can look him up) was raised in Tremont, West Bronx. Not sure I’d want to go back there now.