A federal judge will hear arguments Friday afternoon on New Jersey's last-minute attempt to delay the start of New York City’s congestion pricing plan, set to begin Sunday.
Officials from New Jersey are seeking a temporary restraining order, claiming the tolling plan would cause "irreparable harm" to communities in northern New Jersey, according to the filing.
Jonathan Freiberger, co-founder of the law firm Freiberger Haber LLP, explained the legal steps New Jersey is pursuing.
“So injunctive relief is frequently requested in situations like this,” Freiberger said during an interview on “Mornings On 1” Friday. “New Jersey has requested a preliminary injunction as well as a temporary restraining order. A preliminary injunction is issued pending the ultimate outcome of the lawsuit. It must be made on notice to the defendant, and the plaintiff must demonstrate there’s a likelihood of success on the merits, that irreparable injury will befall the plaintiff if the preliminary injunction is not granted.”
Freiberger, who is not connected with the case, said that a temporary restraining order serves as a more immediate measure to prevent potential harm while the court deliberates a broader injunction.
“If there’s a real, immediate need to have some injunctive relief, a party can seek a temporary restraining order,” he said. “The plaintiff must show an immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the preliminary injunction hearing is conducted and a decision on the preliminary injunction is made.”
Congestion pricing is set to begin in less than 48 hours, though, Freiberger said that such last-minute filings are not uncommon.
“With respect to a temporary restraining order, they’re generally made at the 11th hour because you’re in fear of an imminent danger that you’re trying to prevent,” he said.
The federal judge in Newark is expected to decide before the weekend, following a 3 p.m. hearing Friday.