MTA seeks to join federal lawsuit to fight New Jersey over congestion pricing

Not content to sit on the sidelines and watch New Jersey try to sue the federal government over congestion pricing, the MTA is joining the fight.

On Friday, the MTA asked a federal court in New Jersey if it could join with the federal government to help fight a lawsuit filed by Governor Phil Murphy over the MTA’s congestion pricing program.

Murphy filed the suit against the US Department of Transportation in July, claiming the federal agency should not have approved the MTA’s environmental assessment, which he deemed inadequate.

Murphy argued that it was a “rubber stamp” and that the MTA didn’t do enough study on how the tolls could increase congestion in his state from vehicles searching for a cheaper crossing.

In court documents filed late Friday, the MTA accused the state of New Jersey of trying to kill the tolling program entirely.

“New Jersey’s ultimate aim is clear: to prevent implementation of a landmark program mandated by New York state law,” court papers show. “While New Jersey professes to be 'conceptually open to traditional congestion pricing,' its real complaint is the supposed lack of revenues flowing to it.”

The MTA’s congestion pricing program is expected to go into effect next May. It could charge drivers as much as $23 to enter Manhattan below 60th Street during peak commuting hours.

By state law, the transit agency is required to generate $1 billion a year in revenue. All of that money would go toward the MTA’s transit improvements.

New Jersey officials have accused the agency of trying to enrich itself on the backs of drivers from their state.

New Jersey congressman Josh Gottheimer accused the agency of minimizing the adverse effects of the plan on New Jerseyans, writing that it would “increase air pollution affecting our children and families,” and that “because of the Congestion Tax moving pollution elsewhere, the MTA is going to have to set up an asthma treatment program.”

“If that’s not an admission of environmental guilt, I don't know what is!” Gottheimer wrote.

Governor Kathy Hochul and MTA argue the nation's first congestion pricing program would be a model for the nation and a major step toward reducing the city’s carbon footprint.

“This lawsuit is seeking to block one of the nation’s most progressive climate actions, and we will not allow it to derail critical investments that the region deserves,” a spokesperson for Governor Hochul, John Lindsay, wrote in a statement.

Congestion pricing was signed into law in 2019 by former Governor Cuomo. Governor Hochul has been a strong proponent of the program, which will be administered by the MTA.

The MTA has countered that the roughly 4,000 pages of research it produced as part of the federally-required environmental assessment of the program confirmed that congestion pricing would have a mostly positive impact on the environment.

It did find there could be an increase in traffic to parts of the Cross Bronx Expressway and Bergen County,

The agency is required by the federal government to minimize the negative impacts on the Bronx.

It has already proposed several measures, such as spending $30 million to replace refrigeration trucks at Hunts Point Market, reducing the carbon pumped into the air, as well as adding more vegetation to the streets in the Bronx, and buying air filters for schools near the highway.

“New Jersey’s short-sighted and self-serving attempt to delay or prevent the Project’s implementation threatens not only the economic and environmental interests of the MTA and TBTA [Triborough Bridge and Tunnel Authority], but those of the entire region — including those of New Jersey’s own citizens,” court documents filed by the MTA note.

The federal government gave the MTA the greenlight to proceed with congestion pricing last June.

The MTA has not said how much drivers will pay under congestion pricing. This week the board in charge of coming up with the tolling rates did outline how much it would consider for crossing credits to vehicles that already pay a bridge or tunnel toll before entering the zone.

That rate could be between $4 to $7 per entry.

The group is expected to make a final recommendation for tolls, credits, and exemptions as soon as this month. The full MTA board must approve it.

Governor Murphy’s office declined to comment.