Queens Council Members Robert Holden, Joann Ariola and Vickie Paladino have called on the MTA to pause congestion pricing until a number of ongoing lawsuits are resolved.
The Queens council members belong to the New York City Council’s Common Sense Caucus, which issued a joint statement on Monday following a ruling from federal Judge Leo Gordon.
The Common Sense Caucus, co-chaired by Holden and Joseph Borelli, includes Kristy Marmorato, Vickie Paladino, Joann Ariola, Susan Zhuang, Kalman Yeger, Inna Vernikov and David Carr. The group focuses on advocating for practical policies and addressing quality-of-life issues affecting New Yorkers across the city.
Judge Gordon issued a 72-page ruling rejecting most of New Jersey State’s complaints about congestion pricing, which is scheduled to go into effect on Jan. 5.
Gordon, however, did rule that some of the potential impacts of congestion pricing on New Jersey communities required further study, especially concerns over how the toll would impact air quality in New Jersey.
Gordon set a deadline of Jan. 17 for New York and the Federal Highway Administration (FHWA) to respond to concerns over the environmental impacts of congestion pricing, with the toll scheduled to go into effect on Sunday.
New York lawmakers and the MTA have insisted that they can move ahead with the Jan. 5 start date despite Gordon’s ruling, but the Common Sense Caucus, co-chaired by Holden, has called for the MTA board to pause the plan while legal challenges remain ongoing.
“With several legal cases and injunctions still pending, moving forward with congestion pricing on January 5th would be reckless and presents significant complications for the state, including potential court-mandated refunds,” the Common Sense Caucus said in a joint statement. “We urge the MTA Board to convene immediately and vote to pause congestion pricing before further damage is done.”
In his ruling, Gordon ordered federal and MTA officials to explain why they had allocated more money to mitigate the impact of additional traffic caused by congestion pricing in the Bronx than they had in New Jersey. He also requested more details about mitigation plans for additional traffic.
Randy Mastro, an attorney representing New Jersey Gov. Phil Murphy, said Gordon’s ruling means that congestion pricing cannot go ahead as scheduled on Jan. 5.
He said the ruling showed that the FHWA acted “arbitrarily and capriciously” in approving the MTA’s plan and that the FHWA decision provided no rational explanation of mitigation commitments.
Mastro further contended that New York changed its tolling scheme significantly after it gained federal approval and that more consideration is needed before the current congestion pricing proposal may take effect.
“New Jersey remains firmly opposed to any attempt to force through a congestion pricing proposal in the final weeks of the Biden Administration,” Mastro said in a statement. “There could not be a worse time to impose a new $9 toll, escalating over time to $15, on individuals who are traveling into downtown Manhattan for work, school, or leisure.”
Mastro argued that Gordon’s ruling has prohibited the MTA from moving ahead with the Jan. 5 start date by effectively rescinding federal approvals. Mastro has filed a motion seeking clarification from Gordon over the ruling, which did not explicitly state whether the plan could move forward on Jan. 5 or not. He has also filed a motion seeking a temporary restraining order on congestion pricing.
Gordon is set to host a hearing on the issues on Friday afternoon.
However, MTA CEO Janno Lieber said Gordon’s ruling does not interfere with the MTA’s plan to implement congestion pricing on Jan. 5, stating that the judge agreed with New York on “virtually every issue.”
“Most importantly, the decision does not interfere with the program’s scheduled implementation this coming Sunday, Jan. 5,” Lieber said in a statement.
Lieber added that the MTA is confident that the FHWA has taken sufficient action to address Gordon’s concerns over mitigation in New Jersey.
“We’re confident that the subsequent Federal actions, including the approval of the revised, reduced toll rates, did put those issues to rest,” Lieber said.
Gov. Kathy Hochul also welcomed Gordon’s ruling, stating that it enabled congestion pricing to take effect on Jan. 5 as scheduled.
“Despite the best efforts of the State of New Jersey trying to thwart New York’s ability to reduce congestion on our streets while making long-overdue investments in public transit, our position has prevailed in court on nearly every issue. This is a massive win for commuters in both New York and New Jersey,” Hochul said in a statement.
“Commuters deserve a world-class transit system that’s safe, efficient and modern. Local residents deserve clean air and safe streets. Drivers deserve less congestion and reduced traffic. This is what we will begin to achieve — at a lower cost to drivers — when congestion pricing begins in January.”
