New York’s hotly debated congestion-pricing plan has faced its fair share of challenges since the State Legislature passed it into law in 2019.
The program cleared several political and legal hurdles and was ultimately approved by the federal government, but Governor Kathy Hochul ordered the MTA to pause its scheduled implementation last June. In November, the governor unveiled a revised version of the plan, lowering the base toll from $15 to $9 for drivers traveling at or below 60th Street in Manhattan.
In December, a New York City federal judge ruled against four separate lawsuits challenging congestion pricing, including filings from the United Federation of Teachers and the Staten Island borough president, Vito Fossella. The lawsuits argued that the toll would be a financial burden on New Yorkers and would result in increased pollution to different neighborhoods due to shifting travel patterns.
Congestion pricing is finally set to begin on Sunday. But there is still one major last-minute attempt to block it.
A federal judge scheduled a Friday afternoon hearing as the state of New Jersey, which has long opposed congestion pricing, seeks an 11th-hour temporary restraining order to once again delay implementation. “Without enforceable mitigation measures to alleviate significant environmental impacts in New Jersey, traffic increases and attendant air quality impacts will surely result from the congestion pricing scheme,” the filing read.
The filing from New Jersey comes after U.S. District Court Judge Leo Gordon issued a long-awaited ruling on Monday in a lawsuit brought by the state, asking for further details about federal regulators’ plans regarding mitigating environmental impacts from the program but not officially calling for a delay of the toll’s implementation. Proponents of congestion pricing took the judge’s decision as a win, with MTA chair Janno Lieber confirming in a statement that the agency planned to move forward with the start of the program.
However, Randy Mastro, an attorney representing New Jersey in the matter, saw the judge’s decision as halting the plan, writing in a statement that the MTA “cannot proceed with implementing the current congestion pricing proposal.”
Time is of the essence for advocates of the state’s congestion-pricing plan. If the program takes effect as scheduled, it will still fall during the Biden administration, which will likely make it harder for it to be undone following the inauguration of President-elect Donald Trump. The president-elect has been a vocal opponent of the plan and has previously vowed to do away with congestion pricing once elected.
