New Jersey lawmakers, Gov. Phil Murphy announce lawsuit against New York's congestion pricing
NEW YORK -- There were big developments Friday on congestion pricing in New York City.
New Jersey is suing the federal government to block the process on the same day some of the new toll scanners were installed.
New Jersey Gov. Phil Murphy is not taking this lying down. He said Friday he believes the feds short-circuited the normal review process, and is bringing them to court.
"Unfortunately, New York's proposal will prompt 'toll shopping,' where more drivers seek different routes in order to avoid paying higher tolls, resulting in more traffic and more pollution," Murphy said as he formally announced his decision to sue the Federal Highway Administration.
- Read More: Sources: Traffic Mobility Review Board considering congestion pricing discounts at 4 major tunnels
Murphy insisted New York City's controversial congestion pricing plan would not just be a financial burden to Jersey drivers heading into the city south of 60th Street, but would negatively impact the environment as well. He added they may have missed steps before getting this far.
"We are particularly disappointed in the lack of a thorough environmental review and lack of mitigation measures for impacted communities," Murphy said. "Their finding that the MTA congestion pricing program will not have any significant impacts is an error."
Murphy was joined by Sen. Bob Menendez and Rep. Josh Gottheimer, who are backing the lawsuit.
"The congestion pricing plan is a no win, lose-lose scenario for our state's families and small businesses who rely on the bridge and tunnels every day," Menendez said.
There were a lot of strong words used about the controversial plan, like "highway robbery" and "brazen money grab," but the legal action was based on the environmental cost to New Jersey residents.
"The environmental cost is anathema to our shared obligation to protecting vulnerable communities from hazardous air quality. The bottom line is that we have to put our foot down to protect New Jersians," Murphy said.
"This is about right and wrong. This is about fundamental fairness. This is about respecting your neighbors. and most importantly, this lawsuit is about environmental protection, protecting every community that is adversely affected," said attorney Randy Mastro, who is filing the suit.
Watch John Dias' report
"Because of the congestion tax, come next spring, trucks will be backed up here in North Jersey as far as the eye can see, billowing cancer-causing pollution into the lungs of children in our communities," Gottheimer said.
Gottheimer says the MTA's own report shows there will be an increase in particulate matter, nitrogen oxide, carbon monoxide and carcinogens like formaldehyde in Bergen County when congestion pricing goes into effect, but while the MTA has a robust $130 million plan to mitigate pollution in the Bronx, New Jersey gets nothing.
"All of this is in black and white in the report the MTA submitted to the U.S. Department of Transportation, that the Department of Transportation decided to summarily ignore," Gottheimer said.
The MTA has said New Jersey has no standing to challenge congestion pricing.
"Janno Lieber, the head of the MTA has said that you don't have the right to tell him and New York how to tax the roads, just as he and New York don't have the right to tell you how to set the tolls on the Jersey Turnpike and the Garden State Parkway. Do you want to respond to that?" CBS New York political reporter Marcia Kramer said at Friday's press conference.
"If he would agree to increase by the pennies that the New Jersey Turnpike and Garden State Parkway do every year, by pennies, if that's what he would agree to do with the MTA in terms of our communities, then I'd sit down at the table and we'd figure something out," Murphy said.
The MTA called the suit "baseless," pointing out that there was a 4,000-page environment assessment that included input from New Jersey residents and officials.
The Federal Highway Administration said it does not comment on pending litigation.
Watch Marcia Kramer's report
Murphy doesn't have the authority to outlaw congestion pricing, but he took another tact to combat the MTA's new tolling plans -- signing bills to make sure New Jersey taxpayer dollars stay on his side of the Hudson River.
"One of my primary responsibilities and duties is to make sure New Jersians are treated fairly," Murphy said.
Murphy is trying to keep his constituents from ever coming to the Big Apple in the first place by giving tax credits to New York companies to establish satellite offices in New Jersey.
"This bill will create a $35 million grant program ... to encourage companies that mainly operate outside of our state ... to open offices here," Murphy said.
The announcement came on the same day some of the new toll scanners were installed in the city.
Some residents are questioning why they were built on both sides of the street, when they're only supposed to be charging those who go south, and also are asking why now, when they aren't supposed to charge drivers until next spring.
"They're absolutely getting ahead of themselves," Upper West Side resident Lauren Mandel said. "People will be completely confused because they won't even know if it took effect, and they will be going all the way north or all the way south, or other boroughs just to bypass it, and it's going to wreak havoc."
"I don't think they should have done that because it may not go through, still there is a chance it may not go through. They may have wasted some money," West Side resident Martha Buckner said.
This week, a panel met to determine how much commuters will be charged to drive into the zone. It's still unclear what the exact prices will be, but sources say anywhere from $9 to $23.
New Yorkers still have mixed feelings about congestion pricing.
"It's just going to transfer from one place to the other and cause more problems for all of us," one Upper West Side resident said.
"More people should ride bikes, and there really isn't room for cars in Manhattan anyway," Howard Robinson of Queens said.
Not all of Murphy's constituents are against congestion pricing. People who use mass transit to get to Manhattan jobs staged a protest outside Murphy's press conference.
"I think it's a foolhardy attempt at impeding another state's ability to reduce their emissions and fight the climate crisis. He should focus on fighting the climate crisis, and we know one of the best ways to do that is to invest in mass transit," said Renae Reynolds, executive director of Tri-State Transportation Campaign.
Murphy also said that the lawsuit brings him no joy, that he is proud of his relationship with Gov. Kathy Hochul and Mayor Eric Adams, and he also wants to reduce traffic to help out the environment, but he just doesn't think congestion pricing is the best way to do that.