Arguments in at least four of the lawsuits against congestion pricing will be heard by federal Judge Lewis Liman at a 2 p.m. hearing in federal court at 500 Pearl Street.
The lawsuits include ones filed by Staten Island borough president Vito Fossella, United Federation of Teachers President Michael Mulgrew, and by the Trucking Association of New York, a trade group representing delivery companies.
Judge Liman will be hearing arguments today on applications for a preliminary injunction. He partially ruled in June that he believed there had been enough environmental review of congestion pricing to allow it to go forward, but was open to hearing more.
In a parallel battle playing out in federal court in Newark, N.J., a federal judge must also decide whether to give congestion pricing the green light.
Negotiations are ongoing between New York and New Jersey, which brought the lawsuit with others in the state. If there is no settlement, Judge Leo Gordon is expected to rule before Jan 5.
The controversial plan seeks to charge drivers entering Manhattan below 60th Street, and fund improvements to New York City's mass transit.
The lawsuit argues federal officials allowed the Empire State to move ahead with the pricing plan without a good look at how the tolling program could shift traffic and pollution in the region.
In a separate courtroom in New Jersey, earlier this year, a judge urged both states to settle the case.
But according to New York Governor Kathy Hochul, those negotiations aren't going well.
She says it doesn't appear New Jersey officials are negotiating in good faith.
That's despite the concessions like toll credits and hundreds of millions of dollars that are on the table for grabs.
"We've made multiple offers to settle this lawsuit. If you are one of the 80% of New Jersey residents who get stuck on NJ Transit, waiting an hour on a Path rain, or you want a nice new bus station, this is all going to be affected if congestion pricing does not go through," Gov. Hochul said. "This will improve the quality of service for New York residents, New Jersey residents, and Connecticut residents."
Lawyers representing New Jersey in the lawsuit have requested a decision from Gordon "as soon as possible."
New Jersey claims that federal transportation officials allowed New York to move ahead without fully studying the environmental impact on New Jersey.
They are among at least 10 lawsuits against congestion pricing in federal and state courts in New York and New Jersey in recent years. Most argue the toll is a financial burden for commuters, hurts small businesses, and shifts traffic and pollution to other parts of the city and region.
The big picture, the clock is ticking as President-elect Donald Trump is opposed to congestion pricing and has vowed to shut it down.
New York lawmakers want these gantries turned on next month before he takes office.
Marginalized New Yorkers who say they will be hurt by congestion pricing will rally outside the courthouse at 1 p.m. Friday before the hearing.
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