Green light for congestion pricing as judge rules against New Jersey

A U.S. federal court on Friday denied a late legal challenge filed by the State of New Jersey to the Metropolitan Transportation Authority’s Manhattan congestion pricing plan, clearing the way for tolling to begin Sunday.

Judge Leo Gordon ruled that in order to stop the toll from starting, plaintiffs would have had to show likelihood of irreparable harm, which they failed to do. He also ruled they were unlikely to win on the merits to throw out a 2022 federal environmental assessment that found "no significant impact" of the program on New Jersey.

Randy Mastro, an attorney for the plaintiffs seeking to stop the tolls below 60th Street in Manhattan -- argued that because Gordon in a Dec. 30 ruling had found potential deficiencies in environmental mitigation measures used to approve the plan, he must vacate the entire document.

At one point he implored the judge, "Don’t do this to yourself, your ruling has meaning and force, but only if you stop this from going forward" before Sunday.

Lawyers for the MTA and federal Department of Transportation argued that the judge’s earlier order for more study of mitigation spending in New Jersey was far from implying "irreparable harm."

Speaking at the MTA’s Manhattan headquarters Friday night, shortly after the Gordon’s ruling, authority Chairman Janno Lieber said the MTA was “really gratified” with the court’s decision.

“Now, after untold numbers of lawsuits and lots of fighting in the press, the time for debating and lawsuits is over,” Lieber said. “It’s time to get to work making this new initiative a success for New York. And I think we’re ready.”

New Jersey had filed its case earlier this year, claiming that the federal Department of Transportation erred in finding that the MTA’s plan would have no significant environmental impact on New Jersey. Following the finding, federal officials green-lit the plan.

But New Jersey claims congestion pricing will cause its residents "irreparable harm" by increasing traffic on its roadways and causing poorer air quality.

New Jersey's challenge is one of at least 10 cases seeking to block the plan, but actions in the other cases are not expected before congestion pricing takes effect.

President-elect Donald Trump has opposed the plan, though experts say it would be more difficult for him to block it if the program is already underway.

The DOT’s 2022 environmental assessment of the plan — which New Jersey disputes — predicted that traffic would increase overall in New Jersey by 0.02% in the short term, with the greatest effect in Bergen County, where it would increase by about 1.1%. However, it recognized that localized areas could have higher levels.

On Dec. 30, Gordon had issued a mixed opinion that largely sided with the DOT, finding its environmental assessment and its "finding of no significant impact" on New Jersey were partially valid.

However, noting that the case required a high standard for questioning the judgment of DOT officials, Gordon found on Dec. 30 that the DOT "acted in an arbitrary manner" when it set aside funding for mitigation in the Bronx but did not set aside a comparable amount for communities in New Jersey. Gordon sent back the issue to the DOT for "further explanation, and if appropriate, reconsideration of the rationale providing for differing levels of mitigation commitments."

New Jersey had argued that the earlier ruling required the judge to issue a temporary restraining order and preliminary injunction blocking the plan.

But Gordon said the "mitigation finding is not so serious as to justify" vacating the entire environmental assessment. 

Mastro said he planned to apply to appeal, but it is unlikely this would take place before tolling begins.

With Alfonso A. Castillo