NYC congestion pricing set to start as planned Sunday after ruling in final lawsuit

With simply days to go earlier than the nation’s first congestion toll begins in New York Metropolis, the pricing plan could have handed its closing hurdle in a ruling from a U.S. district court docket who heard a swimsuit from the state of New Jersey on environmental grounds, in accordance with the MTA. However an legal professional for the state of New Jersey says not so quick.

Whereas the decide dominated the Federal Freeway Administration (FHWA) might want to weigh in, the MTA tells NBC New York it has the inexperienced mild to proceed with the beginning of congestion pricing this weekend saying the decide’s questions with the plan don’t rise to the extent of an injunction.

New York’s congestion pricing regulation is about to start seconds previous midnight on Jan. fifth. Below the congestion pricing plan, automobiles would pay a peak charge of $9 from 5 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends. Off-peak could be a 75% low cost — $2.25. 

The lawsuit from New Jersey was for tens of tens of millions of {dollars}, predicting environmental hurt if site visitors will get worse on the opposite facet of the river.

The decide’s ruling got here in a 72-page determination issued Monday night.

“We’re gratified that on just about each challenge, Choose Gordon agreed with the New York federal court docket and rejected New Jersey’s declare that the Environmental Evaluation accredited 18 months in the past was poor,” MTA Chair and CEO Janno Lieber mentioned in an announcement. Most essential, the choice doesn’t intervene with this system’s scheduled implementation this coming Sunday, January 5.”

Within the determination, the decide mentioned due to the questions for the federal authorities, “this matter is remanded to the FHWA till January 17, 2025 for the FHWA to take actions in conformity with this Opinion.”

For the state of New Jersey, that is sufficient to carry off on beginning congestion pricing, regardless of how the MTA is studying the ruling.

“We welcome the court docket’s ruling at the moment within the congestion pricing lawsuit. Due to New Jersey’s litigation, the decide has ordered a remand, and the MTA due to this fact can’t proceed with implementing the present congestion pricing proposal on January 5, 2025,” mentioned legal professional Randy Mastro, who represents New Jersey.

Mastro mentioned New Jersey stays “firmly opposed” to implementation of congestion pricing.

In response to New Jersey’s lawsuit, New York Gov. Kathy Hochul has mentioned she supplied cash to settle it — however no deal was reached.

“We have made a number of gives to settle this lawsuit, very beneficiant gives,” Hochul mentioned beforehand.

After the ruling, Hochul mentioned congestion pricing will begin this weekend as deliberate.

“Regardless of one of the best efforts of the State of New Jersey attempting to thwart New York’s capacity to cut back congestion on our streets whereas making long-overdue investments in public transit, our place has prevailed in court docket on almost each challenge. This can be a large win for commuters in each New York and New Jersey,” the governor of New York mentioned in an announcement.

The MTA has predicted there could be 10% fewer automobiles and vehicles after the toll begins.

MTA executives have promised that billions of {dollars} raised by congestion pricing pays to modernize the system all throughout the area. 

Every week earlier than the New Jersey ruling, a federal decide in New York denied a special swimsuit attempting to pause the beginning of congestion pricing.

Responding to a lawsuit from the United Federation of Academics, the Trucking Affiliation of New York and Manhattan residents, Choose Lewis Liman issued a 111-page ruling in that case denying a request for a short lived injunction. 

“Plaintiffs fail to ascertain a chance of success on the deserves for any declare,” the decide wrote in his conclusion.