New Jersey says MTA can't implement congestion pricing on Sunday after judge's opinion

NEW JERSEY -- After New York state said it would move ahead with implementing congestion pricing on Jan. 5 following a judge's ruling Monday evening, New Jersey fired back, saying the MTA can't move forward with the plan.

In the opinion, Judge Leo Gordon rejected most of New Jersey's complaints about the impact of the pricing scheme, but said some of the effects on New Jersey communities merited further study, specifically air quality concerns.

After the ruling, New York state said they could move ahead with the start date despite the opinion, but New Jersey said later Monday evening not so fast.

"We welcome the court's ruling today in the congestion pricing lawsuit. Because of New Jersey's litigation, the judge has ordered a remand, and the MTA therefore cannot proceed with implementing the current congestion pricing proposal on January 5, 2025," according to a statement from Attorney for the State of New Jersey Randy Mastro.

The judge set a deadline of Jan. 17 for New York to respond to concerns. However, congestion pricing - a program to charge drivers heading into the heart of Manhattan - is scheduled to begin on Jan. 5.

The opinion said, in part: "Accordingly, the court will remand this issue for further explanation, and if appropriate, reconsideration of the rationale providing for differing levels of mitigation commitments for the Bronx as compared to potentially significantly affected areas in New Jersey and the ultimate mitigation determination."

MTA Chair and CEO Janno Lieber said in a statement the agency was full speed ahead on implementation.

"We're gratified 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. Most important, the decision does not interfere with the program's scheduled implementation this coming Sunday, January 5," Lieber said.

The statement continued: "On the two remaining issues where the Judge requested that the Federal Highway Administration (FHWA) provide additional data - information that was not yet before the Court in this proceeding -- we're confident that the subsequent Federal actions, including the approval of the revised, reduced toll rates, did put those issues to rest."

This could be met with a legal challenge from New Jersey officials, who the judge has agreed with in part.

Indeed, New Jersey's Mastro said Monday:

"The judge determined that the Federal Highway Administration acted arbitrarily and capriciously in approving the MTA's plan, that the FHWA's decision provided no rational explanation of mitigation commitments, that New York changed its tolling scheme significantly after it gained federal approval, and that more consideration is needed before the current congestion pricing proposal may take effect."

Mastro said New Jersey remained "firmly opposed to any attempt to force through a congestion pricing proposal in the final weeks of the Biden Administration."

At issue is the potential environmental impact on North Jersey, when an onslaught of drivers will take the George Washington Bridge to avoid paying the new toll.

"By remanding this case, the judge has actually confirmed what we've thought all along. This is going to cause a massive amount of cancer causing pollution in northern New Jersey. It's going to mess up traffic further in the region," Congressman Josh Gottheimer told Eyewitness News.

What the court's decision does not address is the January 5th start date which has Governor Kathy Hochul taking a victory lap too.

In a written statement it part reads, " Despite the best efforts of the State of New Jersey trying to thwart New York's ability to reduce congestion on our streets while making long-overdue investments in public transit, our position has prevailed in court on nearly every issue. This is a massive win for commuters in both New York and New Jersey."

"I think that we've gotten the last piece of good news for the puzzle that we need to start on January 5th" said Lisa Daglian, Executive Director, Permanent Citizens Advisory Committee to the MTA.

Now the Federal Highway Administration has until January 17th to provide more details about mitigation to any environmental effects and New York and New Jersey have until January 29th to respond to the updated report.

So what does that mean for drivers come Sunday?

"There will be different responses that will that will have to happen over some time, but it will have started," Daglian said.

What is clear is that both New York and New Jersey feel empowered by this ruling, and neither side is backing down.