A political struggle on the Hudson erupted Monday over New York Gov. Kathy Hochul and the MTA’s controversial $9 congestion toll.
The MTA can now start gathering the first-in-the-nation congestion payment on Sunday, Jan. 5, to enter Manhattan south of sixtieth Avenue — following a federal choose’s ruling in Newark.
Whereas Choose Leo Gordon mentioned environmental mitigation considerations on the Jersey facet of the Hudson need to be addressed, he selected to not challenge a preliminary injunction to dam implementation of the toll in his 72-page ruling.
“The decision does not interfere with the program’s scheduled implementation this coming Sunday, January 5,” mentioned MTA chairman Janno Lieber.
Hochul hailed the choice.
“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,” she mentioned in a Monday night time assertion.
“This is a massive win for commuters in both New York and New Jersey. Now that the judge has issued his ruling, the program will move forward this weekend with a 40 percent reduction in the originally proposed cost of the toll,” she added, noting the initially proposed payment was $15.
However the Backyard State claimed the ruling does pump the brakes on the brand new toll.
“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,” New Jersey Gov. Phil Murphy mentioned.
In sum, Gordon largely sided with the MTA and the US Division of Transportation — the defendants within the go well with — over New Jersey, the plaintiff, concerning the intensive environmental assessments performed over the affect of congestion pricing.
However the choose mentioned the defendants erred in not offering sufficient specifics of measures to mitigate environmental impacts from diverted site visitors in Jersey communities.
For instance, congestion pricing supplies particular funds for the Bronx, together with $15 million to interchange diesel-powered transport refrigeration models on the Hunts Level Produce Market, $20 million to fund an bronchial asthma care middle and $10 million so as to add air filtration techniques to colleges close to highways.
No such mitigation measures — when it comes to addressing air pollution — are supplied to New Jersey’s impacted communities.
The choose mentioned the defendants didn’t clarify why “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 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,” Gordon famous.
The choose gave the FHWA till Jan. 17 to take actions to adjust to the ruling concerning mitigation.
Hochul initially tabled a $15 proposed toll to enter Midtown south of sixtieth Avenue, then infamously waited till after the election to push a $9 commuter tax.
A Manhattan federal choose final week additionally rejected a bid from plaintiffs — together with the United Federation of Academics and Staten Island Borough President Vito Fossella — to dam implementation of the toll.
Backers, together with Hochul, mentioned revenues from the brand new toll will assist fund mass transit and curb site visitors whereas opponents say it’s a money seize for the spendthrift MTA.
There may be one remaining anti-toll case introduced by Hempstead City Supervisor Don Clavin, pending in Brooklyn federal courtroom.
