New Jersey, New York argue over congestion pricing mitigation benefits in federal court

New Jersey, New York back in federal court for congestion pricing lawsuit

NEWARK, N.J. -- New Jersey and New York were back in a federal courtroom Thursday as the Garden State makes a last-ditch effort to stop New York from implementing congestion pricing in June.

New Jersey attorneys say New York's congestion pricing plan provides no mitigation benefits for at least 13 counties in the Garden State that will be adversely affected by changing traffic patterns.

Bruce Nagel, who represents Fort Lee in the consolidated lawsuit, says that's illegal under federal law.

"New York gets it all, we get nothing," he said.  

Many of those counties, they say, are already dealing with pollution and chronic conditions.

"The citizens of New Jersey are going to have increased air toxins. It's going to be increased traffic. It's going to double the time to get over the George Washington Bridge in the morning. It's going to create havoc in New Jersey, and nobody on the other side of the river has thought about that," Nagel said.

Nagel points out the Bronx is getting $35 million, but no money was allocated to New Jersey in the congestion pricing plan, which will charge drivers $15 to go into Manhattan below 60th Street.

Andrew Otis, with Kramer Levin Law Firm, represents groups joining in on the MTA side, including environmental justice organizations.

He says the Federal Highway Administration and MTA did environmental assessments in New Jersey, and there will be a process in place to help communities. He calls New Jersey's lawsuit hypocritical.

"I would say to Governor Phil Murphy what I would say to anyone else:  to anyone who believes that there is a climate crisis, this is a necessary component to addressing that crisis -- moving commuters from their cars onto the MTA," Otis said.

Otis says counties like Hudson and Bergen will benefit, and that congestion pricing has been a success in London.

"It's reduced congestion in the London core by 20 to 30 percent, it's reduced greenhouse gas emissions, and it's made the London core a more livable city," he said.

"You can't help people on the back on New Jersey citizens. We are going to fund it, it's going to pollute our air, it's going to clog our streets. It's not fair to us and we're here to stop it," Nagel said.

The judge is expected to make a decision in the coming weeks -- before June, when congestion pricing will go into effect. Attorneys for New Jersey say they will appeal if they lose.

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