Federal judge rules on congestion pricing in New York; interpretation differs between parties
A federal judge issued a partial ruling Monday in the battle between New York and New Jersey over New York’s controversial congestion pricing, finding that the Empire State has taken most of the necessary steps to impose a toll plan on drivers entering midtown Manhattan.
The judge overseeing the case, U.S. District Court Judge Leo M. Gordon, also called on the Federal Highway Administration (FHWA) to review and provide an explanation for certain aspects of the congestion charge program.
Although Gordon asked the FHWA for more information, he did not specifically state whether the program should continue as planned on January 5, 2025.
Nonetheless, officials from New York and New Jersey declared victory after Gordon announced his decision.
MTA BOARD APPROVED DEMOCRATIC GOV. HOCHUL’S MASSIVE NYC CONGESTION TOLLS RESTART
FILE – Traffic enters lower Manhattan after crossing the Brooklyn Bridge, Thursday, Feb. 8, 2024, in New York. New York Gov. Kathy Hochul on Wednesday, June 5, 2024, indefinitely delayed implementation of a plan to charge high tolls to enter downtown Manhattan, just weeks before the nation’s first “congestion pricing” system is set to launch. (AP Photo/Bebeto Matthews, file)
“The program will continue this weekend,” New York Governor Kathy Hochul said.
Also speaking out was Metropolitan Transportation Authority (MTA) President and CEO Janno Lieber, who said the MTA was “pleased” with Gordon’s decision.
“We are pleased that Judge Gordon agreed with the New York federal court and rejected New Jersey’s claim that the Environmental Impact Assessment approved 18 months ago was flawed,” Lieber said. “Most importantly, the decision does not interfere with the planned implementation of the program this Sunday, January 5. On two remaining issues, the judge asked the Federal Highway Administration (FHWA) to provide additional information – information that has not yet been before the court in this proceeding — we are confident that subsequent federal actions, including the approval of revised, reduced toll rates, have resolved these issues.”
UNITED STATES – March 1: MTA President and CEO Janno Lieber speaks to the media during a break from a public hearing on congestion pricing on Friday, March 1, 2024 in Manhattan, New York. (Barry Williams for NY Daily News via Getty Images)
Despite Hochul and the MTA declaring victory over congestion pricing, New Jersey Attorney General Randy Mastro interpreted Gordon’s decision differently, meaning that congestion pricing is on hold pending further clarification from federal officials.
“We welcome today’s court ruling in the congestion pricing lawsuit. Due to the litigation in New Jersey, the judge ordered a stay, so the MTA cannot continue to implement the current congestion pricing proposal on January 5, 2025,” Mastro said. “The judge found that Federal Highway Administration acted arbitrarily and capriciously in approving the MTA’s plan, that the FHWA’s decision did not provide a rational explanation of the mitigation obligations, that New York significantly changed its tolling scheme after receiving federal approval, and that additional consideration is required before the current congestion pricing proposal may take effect.
“New Jersey remains firmly opposed to any attempt to implement the congestion pricing proposal in the final weeks of the Biden administration,” he added. “There couldn’t be a worse time to introduce a new $9 toll, escalating to $15 over time, for individuals traveling into downtown Manhattan for work, school or leisure.”
GOV. NEW YORK’S KATHY HOCHUL CALLS TRUMP SUPPORTERS ‘CLOWNS’ IN HER ‘BASKET OF SORRY’ MOMENT
FILE – Pedestrians cross Delancey Street as traffic jams from Brooklyn enter Manhattan via the Williamsburg Bridge on March 28, 2019 in New York. New York Gov. Kathy Hochul on Wednesday, June 5, 2024, indefinitely delayed implementation of a plan to charge high tolls to enter downtown Manhattan, just weeks before the nation’s first “congestion pricing” system was set to launch. (AP Photo/Mary Altaffer, File)
According to the judge’s decision, the FHWA has until January 17, 2025 to provide feedback.
Last month, the MTA approved Hochul’s congestion pricing in a 12-1 vote.
Congestion pricing would begin in January and would introduce video tolling on newly built bridges surrounding the city core. Traffic moves under 60th Street and Central Park and enters from New Jersey, Brooklyn or Queens — except over the RFK Triboro Bridge and the George Washington Bridge — are subject to tolls.
Hochul previously said she would like to see a slightly lower price than the original $15 — about $9, citing inflation — and Lieber suggested he was open to seeing if a lower toll could achieve the same revenue goals.
Ultimately, the MTA agreed to a phased-in congestion pricing plan that will result in Manhattan drivers getting a higher toll price by 2031.
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President-elect Trump has indicated his intentions to end congestion pricing once he returns to the Oval Office on January 20, 2025, which could be more complicated if the program already exists.
