While the MTA may have approved the tolling structure for congestion pricing last week, it still faces court challenges.
On Wednesday, a judge in New Jersey heard arguments in that state’s case against the plan.
What You Need To Know
- New Jersey is suing to stop the tolling plan, saying not enough of an environmental study was done considering the significant impacts it will have on the state
- New Jersey says money has been set aside for mitigation for New York communities but nothing for New Jersey, though MTA lawyers says there is money on the table
- According to the MTA, the environmental assessment was comprehensive and New Jersey's case is only about money
Despite a 4,000-page environmental assessment and then a Finding of No Significant Impact or FONSI by the Federal Highway Administration (FHWA) for congestion pricing, New Jersey argued otherwise in court.
“The federal agency at the behest of New York’s MTA concluded that this one-of-a-kind, first in the nation congestion pricing scheme in our most congested city in our most congested region in the country, there’s not going to be any significant impact from that project,” said Randy Mastro, New Jersey’s counsel. “Does that make any sense?”
The argument, as laid out in the complaint is that there will be impact, including double the amount of some pollutants in some communities including Fort Lee, and that should have forced the FHWA to do a full review and Environmental Impact Statement (EIS) under the National Environmental Protection Act or NEPA.
The lawyer for the feds arguing NEPA doesn’t require it. New Jersey is also concerned about mitigation measures.
“There’s something fundamentally unfair about all of that, especially when the impacts in New Jersey will be so severe and there is not a single dollar yet committed in this plan in any respect for mitigation in New Jersey,” said Mastro.
Parts of the Bronx and Manhattan are getting millions for mitigation spelled out in the FONSI. And in court, the co-counsel for the MTA outright said for New Jersey, this case is about money, and not just mitigation money.
MTA counsel Roberta Kaplan said there is money for New Jersey.
“The FONSI and the papers make very clear that money is going to be sent to mitigation to the very New Jersey counties that need it,” said Kaplan, though there was no dollar amount.
Meanwhile, there are several parties supporting both sides, who are arguing in court as well. John Reichman represents 34 New Jersey groups in support of congestion pricing.
“From a political view, and I’m speaking personally now, do I believe some of the revenue should go to improve public transportation from New Jersey into New York?” said Reichman. “It should. But that’s not a basis to enjoin the program.”
So far, the MTA confident Judge Leo M. Gordon will dismiss New Jersey’s case.
“We have a judge who is very serious who’s done a lot of homework, and when judges are serious and do the homework, we win,” said Kaplan.
Wednesday was the start of two days of arguments. And this isn’t the only case.
Three cases out of New York will be heard together on May 17. Rockland County also just filed a suit to stop congestion pricing.