New Jersey makes last-ditch attempt to block NYC congestion toll before it takes effect Sunday

New Jersey is making a last-ditch attempt to block Gov. Kathy Hochul and the Metropolitan Transportation Authority’s controversial congestion toll — which is set to kick in Sunday for drivers entering Manhattan south of 60th Street.

Newark federal Judge Leo Gordon is scheduled to hold a hearing Friday after Jersey lawyers asked for clarification of his 72-page ruling issued earlier this week.

His decision appeared to greenlight the first-in-nation congestion pricing program despite citing shortcomings on how the US Dept. of Transportation and the MTA addressed environmental mitigation for Garden State communities that would be impacted by the new toll.

“We are confident the judge will say it can’t go forward. How can you go forward with a plan the federal court says is defective?” said Bruce Nagel, one of the lawyers for New Jersey Gov. Phil Murphy. 

The MTA and Hochul say otherwise and are moving ahead with implementing the toll beginning at midnight Sunday — barring a court reversal.

The MTA will charge the $9 toll for passenger vehicles during peak hours, from 5 a.m. to 9 p.m. on weekdays and from 9 a.m. to 9 p.m. on weekends. At all other times, those drivers will be charged $2.25.

While Gordon said in his Monday ruling that environmental mitigation concerns on the New Jersey side of the Hudson have to be addressed, he did not explicitly call for halting implementation of the toll.

He said the defendants erred in not providing enough specifics on measures to mitigate environmental impacts from diverted traffic in Jersey communities compared to New York’s, such as The Bronx.

In sum, the ruling nullifies key federal approvals that should halt New York from collecting the toll, said another Jersey lawyer, Randy Mastro.

“Allowing congestion pricing to begin without adherence to [US environmental] mandates would thus cause New Jersey irreparable procedural harm in addition to concrete environmental injuries, even if the tolling was later halted.” Mastro said in the post-decision court filing.

Mastro argued there’s no harm in delaying implementation of the toll, noting Hochul did just that in June, claiming the burden on working class New Yorkers would be too heavy.

The governor originally tabled a $15 proposed toll to enter Midtown — then infamously waited until after the election in November to push a lower $9 commuter fee, set to increase to $12 in 2028.

Some everyday New Yorkers — including cops, firefighters and teachers — are fuming over the toll, as are Garden State residents and elected leaders.

“New York has flipped the bird at the judge and said, ‘We’re going to go ahead anyway!” said Rep. Josh Gottheimer, a Democrat whose constituents live in the Hudson communities on the Jersey side of the George Washington Bridge.

“There’s a reason why it’s called a lung tax because the judge admits, as I read in what he said, that they have proposed no action to mitigate the effect on children’s lungs, on parents lungs, here in Northern New Jersey. And that’s what we got to get answers to,” added Gottheimer, who is running for governor this year.

The MTA defended the toll and blasted Gottheimer.

“Nobody in their right mind should take transportation advice from the New Jersey politicians who have woefully failed to manage transit in their state—while also endorsing higher tolls on their own roads and on Port Authority bridges and tunnels, and higher fares on NJ Transit,” said John McCarthy, the MTA’s chief of policy and external relations.

“Endless litigation over New York’s program to improve its transit and reduce traffic is the height of hypocrisy.”

Mass transit advocates who support congestion pricing also said it’s time to move forward.

“After 18 months of litigation and millions of New Jersey taxpayer dollars down the drain, Governor Phil Murphy dares to beg a federal judge for a do-over because he refused to negotiate mitigation measures,” said Transit Riders Alliance spokesman Danny Pearlstein.

But there is stiff opposition in New York, where a majority of voters say they hate the $9 toll.

“We urge the MTA Board to convene immediately and vote to pause congestion pricing before further damage is done,” The City Council’s Common Sense Caucus said in a statement.

Even former Gov. Andrew Cuomo, who muscled through the congestion pricing law in 2019, opposes imposing the toll, at this time

President-elect Donald Trump also opposes the congestion toll and may try to kill it upon taking office January 20, while the outgoing Biden administration approved it.

“It will hurt workers, families, and businesses, but in particular, anything to do with jobs. It is the most regressive tax known to womankind (man!).” Trump said following the November election.