New York’s plan to charge most drivers $9 to enter Manhattan’s congested business districts cleared a key hurdle Friday evening when a federal judge blocked New Jersey’s order to block the new tolling program before it begins. Emergency request denied.
New York officials said they intend to move forward with a long-planned and much-discussed congestion pricing program starting Sunday.
“Everyone knows this is a huge weekend,” said Janno Lieber, chief executive of the Metropolitan Transportation Authority. “We are really satisfied.”
He added: “After untold numbers of lawsuits and much fighting in the press, the time for debates and lawsuits is over. Now is the time for New York to act to make this new initiative successful.”
Randy Mastro, a New York-based lawyer who is representing New Jersey in the lawsuit against the tolling program, said he intends to appeal the judge’s decision before Sunday.
“We respectfully disagree with the trial court’s decision not to block New York’s congestion pricing program from taking effect on Sunday,” Mr. Mastro said. “We will continue to fight for the people of New Jersey by seeking emergency relief from the Third Circuit Court of Appeals.”
New York’s congestion pricing program would be similar to tolling systems used in London, Stockholm and Singapore to reduce traffic and climate-warming vehicle emissions and generate revenue. But New York’s program would be the first of its kind in the United States, and it has been the source of at least 10 legal challenges and been subject to repeated delays, most recently by state Governor Kathy Hochul.
In June, Ms. Hochul, a Democrat, abruptly halted the scheduled launch of the tolling program. He revived the plan shortly after the November election, but reduced the fee from $15 to $9 for most vehicles.
The New Jersey lawsuit was launched by President-elect Donald J. The bill has been cited as the biggest obstacle to enacting a new toll law before Trump, who has vowed to end the program, takes office on Jan. 20.
As New York raced to implement the program before President Biden left office, Ms. Hochul acknowledged that she had offered New Jersey officials a “generous” financial settlement in exchange for dropping the lawsuit.
According to several people familiar with the confidential negotiations, the settlement negotiations included discussions with New Jersey Governor Philip D. Murphy, who rejected the proposals.
However, the federal judge overseeing the case, Leo M. Gordon, largely solved Ms. Hochul’s problem when he ruled on Monday that New Jersey’s claim was strong enough for him to cancel the program entirely. Was not strong.
Judge Gordon ordered federal officials, who first signed off on the tolling program in 2023, to come up with ways to reduce potential environmental risks to the communities closest to New Jersey’s well-traveled Hudson River Tunnel and Bridge Crossing. Additional information can be provided about.
New Jersey officials interpreted Judge Gordon’s request for additional action as a partial victory, and late on New Year’s Eve they asked to block the program’s launch at least until additional analysis was completed.
After a lengthy hearing in Newark on Friday, Judge Gordon refused. The court hearing involved hours of closed-door meetings between the judge and some lawyers.
When Judge Gordon returned to the bench to read his decision, he gave no explanation for the private discussions and did not answer questions from the news media related to the non-public parts of the hearing.
In the part of the hearing that was not held behind closed doors, the judge asked several pointed legal questions, asking lawyers for the MTA, the federal government and the state of New Jersey whether their request for more information about environmental measures should be automated. Is from form. The tolling program required a delayed start.
Mr. Mastro, the attorney representing New Jersey, argued that it did; Lawyers for the MTA and the federal government said there is no legal precedent to block the Sunday start.
As the discussion progressed, dozens of journalists and environmental activists filled the fourth-floor courtroom.
“This is an outrage and you need to stop it right now,” Mr. Mastro said of the potential for additional pollution in Bergen County near the George Washington Bridge.
Gregory Cumming, a Justice Department attorney, stated bluntly that “the state is wrong on the law and wrong on the facts.”
At one point, when Mr. Mastro raised his hand to speak after his time had expired, Judge Gordon immediately reprimanded him.
“No,” said Judge Gordon. “You tasted the apple. No.”
Starting Sunday, most motorists entering Manhattan south of 60th Street during peak travel hours will be charged $9. The new tolls are expected to help generate $15 billion to pay for needed repairs and upgrades to the city’s mass transit system and improve public transportation in the New York suburbs.
Legal challenges are likely to continue, and it is possible for a federal court to block the program even after it begins.
But supporters of the congestion pricing plan said they were encouraged by the deadline set Monday by Judge Gordon, who ordered the Federal Highway Administration to produce the information they sought by Jan. 17, three days before the inauguration.
Once made available, there are few ways in which the program could be disrupted by an incoming presidential administration.
Justin Baikal Bialik of Evergreen Action, a national environmental advocacy group, said, “It’s time for people to stop debating whether this is going to happen and for leaders on both sides of the Hudson to make sure it gets done.” be implemented properly.”
Late Friday evening, congestion pricing advocates expressed gratitude for the judge’s decision.
“Congestion pricing will improve commutes for millions of workers and create thousands of jobs in New York, New Jersey and Connecticut,” said Betsy Plum, executive director of the Riders Alliance. “This transformational policy, won by subway and bus riders in a decade-long campaign, will advance public transit while cutting congestion and toxic air pollution across the region.”