MTA says congestion pricing will start Sunday; NJ claims judge's ruling puts brakes on plan
This legal challenge was widely considered to be the most serious threat to congestion pricing of the 10 lawsuits filed
NEW YORK (WABC) -- The MTA said it will start congestion pricing tolling early Sunday, while New Jersey claims a federal judge's ruling puts the brakes on the controversial plan.
While Judge Leo Gordon largely sided with the MTA and the Federal Highway Administration, he said they did not prove enough specifics of how they will address the negative environmental impacts from traffic expected to be diverted through North Jersey communities.
The judge noted the Bronx is getting tens of millions of dollars to clean the air from an expected increase in truck traffic over the George Washington Bridge -- $15 million to replace diesel-powered transport refrigeration units at the Hunts Point Produce Market, $20 million to fund an asthma care center and $10 million to add air filtration systems to schools near highways.
But no such specifics exist on how to address expected pollution in impacted North Jersey communities, like in Bergen County -where an MTA environmental assessment showed that traffic increases would be greater.
"They were able to set with precision monetary amounts dedicated to relief in New York while providing no minimum amounts for mitigation for potentially impacted areas in New Jersey," the judge wrote.
"The court must conclude that the FHWA (Federal Highway Administration) and Project Sponsors acted in an arbitrary and capricious manner in reaching their mitigation determination in the Final EA," he concluded
Gordon gave the Federal Highway Administration until Jan 17 to further detail the mitigation money going to places like Bergen County, so he can determine if it is being distributed fairly.
New Jersey officials hailed the ruling, saying the judge concluded that the Federal Highway Administration "acted arbitrarily and capriciously in approving the M.T.A.'s plan," and "more consideration is needed before the current congestion pricing proposal may take effect."
But MTA lawyers said since there is nothing in the ruling that specifically blocks congestion pricing starting, they will proceed early Sunday morning.
Lawyers for New Jersey went back to the judge to seek an injunction to stop the plan, something the judge declined to do in his 72 page ruling.
But after a virtual meeting Tuesday with lawyers representing both sides, the judge did not postpone the start of the plan. New Jersey attorney Bruce Nagel said he plans to file new papers asking the judge for clarification by Friday and hoping once again to postpone the toll.
This legal challenge was widely considered to be the most serious threat to congestion pricing of the 10 lawsuits filed against the tolling plan.
A separate federal judge in Lower Manhattan last week partially ruled in favor of implementing congestion pricing, but has yet to dismiss that legal challenge altogether. Yet another federal judge, in White Plains, also declined to block it last week.
Any delay could give its opponents an opportunity to stop congestion pricing for good. President-elect Trump has already said he opposes the plan and would end it when he takes office. Supporters are attempting to turn the license plate readers on and start collecting revenue before Jan. 20.
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