New Jersey has taken legal action against the federal government to prevent the implementation of a plan to charge drivers entering midtown Manhattan. The state claims that the US Department of Transportation and the Federal Highway Administration (FHWA) made a hasty decision in approving New York’s congestion pricing proposal without adequately considering the risks posed to New Jersey residents.
The tolling program, which received final approval from FHWA last month after an environmental review, could require drivers to pay the charge as early as the first quarter of next year. E-ZPass motorists entering the city south of 60th Street may face charges of up to $23.
New Jersey argues that FHWA’s determination disregards federal guidelines and overlooks the potential impact on commuting patterns, leading to increased traffic burdening New Jersey crossings not covered by the pricing plan.
The National Environmental Policy Act (NEPA) mandates US agencies to assess the environmental impact of major federal projects, including city plans that involve federal funds, and to incorporate public feedback. New Jersey’s complaint, filed in federal court in Newark, claims that FHWA’s decision goes against this foundational federal environmental law, prioritizing New York over its neighboring state.
Manhattan’s central business district has about 1.5 million workers, with 143,000 driving into the area, excluding non-work-related traffic, according to the Metropolitan Transportation Authority (MTA). The proposed tolls are expected to raise $15 billion for public transportation projects, and New York officials believe they could reduce daily traffic in the district by 20%. Supporters argue that congestion pricing is necessary to alleviate traffic, reduce pollution, and encourage increased transit ridership.
However, New Jersey commuters and politicians, along with drivers from Brooklyn and Queens entering Manhattan, have long opposed the idea. Governor Phil Murphy believes that New Jersey residents will face an unfair burden and is seeking to block the initial environmental assessment, requesting a more comprehensive environmental impact statement.
The state is requesting the court to declare that the lack of a full environmental impact statement violates NEPA and the Administrative Procedure Act, and to suspend the findings and final environmental assessment until a proper analysis is conducted in New Jersey.
According to New Jersey’s lawsuit, the environmental assessment failed to consider the impact on air quality in the state, particularly in Fort Lee near the George Washington Bridge, where PM2.5 levels might exceed Environmental Protection Agency standards, posing health risks. The state contends that the final environmental assessment neglected to acknowledge the potential deterioration of air quality in Bergen County, leading to various health issues for residents.
Opponents of similar projects have historically utilized environmental impact assessments to challenge plans in federal court. For instance, groups opposing the Westway highway proposal in the 1970s defeated the project after an appeals court ruled that the review did not adequately consider its potential effect on the striped bass population.
Although Governor Jon Corzine threatened a lawsuit in 2008 to block then-Mayor Michael Bloomberg’s congestion pricing proposal, the plan was eventually scuttled by the New York State Assembly.
To determine the tolling structure and exemptions for the new plan, a six-member Traffic Mobility Review Board will be responsible, including considering New Jersey commuters who already pay fees to enter Manhattan through bridges and tunnels.
{Matzav.com}
NYC: “Let’s get the few thousand people who have to come here for work or doctors appointments or some other pressing reason, to pay all our bills–because we don’t have any tourists anymore and those migrants filling up our hotels (instead of paying customers) sure aren’t bringing us $.”
NJ: “You made your bed, you pay for it.”