Judge rejects last-minute attempt by New Jersey to halt congestion pricing

The ruling paves the way for congestion pricing to begin on Sunday, when most motorists will be charged $9 to enter Manhattan below 60th Street. (Photo by Spencer Platt/Getty Images)

A federal judge Friday night denied New Jersey’s push to stop New York from beginning its congestion tolling plan Sunday, delivering a last-minute blow to the Murphy administration’s fight to keep the plan from commencing.

After a 90-minute hearing and four hours of closed-door discussions, Judge Leo Gordon rejected New Jersey’s argument that implementing congestion pricing would lead to irreparable and immediate harm to New Jerseyans who may see increased traffic from motorists trying to avoid paying the new toll.

The state almost immediately filed an appeal with the U.S. Court of Appeals for the 3rd Circuit. Gordon rejected New Jersey’s request for a five-day stay so that the state could appeal.

“We’re going to do this as quickly as we can,” Randy Mastro, the lawyer representing New Jersey, told reporters after Friday’s hearing. “This is so important.” 

New Jersey sued the federal Department of Transportation in 2023, alleging that federal officials approved New York’s congestion pricing plan without properly evaluating how it would affect New Jersey. On Monday, Gordon issued a preliminary ruling that largely sided against New Jersey, but ordered federal officials to provide the court with more information about ways to mitigate the environmental impacts New Jersey could face.

New Jersey on Tuesday asked Gordon to issue an injunction barring New York from moving forward with congestion pricing until federal officials provided that information.

The federal government on Friday disputed New Jersey’s claims.

“The state is wrong on the law and wrong on the facts,” said attorney Gregory Cumming, who represented the federal government.

Unless the 3rd Circuit intervenes, New York’s toll for drivers entering Manhattan below 60th Street will begin just after midnight on Sunday. Passenger cars will pay a $9 toll between 5 a.m. and 9 p.m. on weekdays and between 9 a.m. and 9 p.m. on weekends. New York officials say the toll will provide needed funding for the Metropolitan Transportation Authority.

Janno Lieber, chief executive of the Metropolitan Transportation Authority, said Friday that “the time for debating and lawsuits is over.” Congestion hurts the city and costs people time and money, Lieber said.

“It’s time to get to work making this new initiative a success for New York. And I think we’re ready,” he said.

Transit advocates praised Friday night’s ruling while also taking pointed aim at Gov. Phil Murphy’s legal crusade against congestion pricing. Riders Alliance Executive Director Betsy Plum said the toll will improve commutes and create jobs, and she encouraged Murphy to “stop throwing good taxpayer money” away by fighting it.

“If Governor Murphy appeals this decision, he cements a legacy as a transit-destroying, climate-denying champion of inequality and longer commutes,” Plum said.

John Reichman, an attorney representing New Jersey residents supportive of congestion pricing, told reporters after the hearing that Friday was “a great day not just for New York, but for New Jersey.”

But he wants to know why Gov. Kathy Hochul said Murphy declined a “generous” settlement offer to end the state’s lawsuit and funnel some money to NJ Transit.

“What did Governor Murphy leave on the table when he apparently rejected a nine-figure settlement proposal from New York? Money that could have been used, that New Jersey Transit desperately needs to improve transportation,” he said.

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