NJ vows to continue congestion pricing suit
State will seek to file amended complaint
By: Colleen Wilson
NorthJersey.com
USA Today Network - New Jersey
..... New Jersey is not giving up on its lawsuit against congestion pricing quite yet.
.....
Randy Masto, the attorney from Kings & Spalding hired to represent the Garden State, sent a letter to U.S. District Court in the Distinct of New Jersey on Friday [01/17/2025] explaining the state's next legal moves against the tolling program to reduce congestion in Midtown Manhattan.
..... First, Mastro wrote that the state will no longer pursue its appeal in the Third Circuit to try to immediately halt congestion pricing. But Mastro said he plans to request that the court allow the state to file an amended complaint that would essentially seek to continue the litigation against the Federal Highway Transpiration Authority - but with new arguments.
.....
"To be clear, New Jersey will - as it always has -continue to vigorous defend its rights and take all measures necessary to prevent the harm that will befall its citizens due to this congestion pricing scheme," Mastor wrote.
..... He added that the state will also reserve the right to appeal the ongoing remand proceedings, in which Judge Leo Gordon asked the FHWA to present some revisions regarding whether or not New Jersey will receive any financial commitments to address potential environmental harms caused by congestion pricing.
Significant legal low to New Jersey's claim
..... The decision to continue this legal fight comes after New Jersey was dealt a significant blow earlier this month. [01/2025] Gordon issued a 70-page decision that largely disagreed with New Jersey's arguments, and ultimately denied a last-minute attempt to keep the program from moving forward January 5 [2025] and reinforce by the Third Circuit hours before the tolling program went live.
..... This all happened after settlement discussions between New York and New Jersey failed despite what New York Governor Kathy Hochul described as "generous" offers left on the table.
..... During the first tow weeks of the toll program - which charges automobiles $9 to enter Manhattan below 60th Street during peak hours - early data and anecdotal observations suggest significantly improved travel times in Midtown.
..... Despite that, Governor Phil Murphy vowed to continue the fight in his State of the State speech on Tuesday. [01/14/2025]
..... "We have not stopped fighting for one second to defend our commuters going in and out of New York. Stay turned," he said.
..... One thing is for sure, the billing will continue. Though November 30, [2025] Mastro's firm has billed New Jersey taxpayers $1.1 million to work on his lawsuit, though the hourly rate is at a discount, according to Politico and the New Jersey Monitor.
..... John Reichman, who filed an amious brief on behalf of environmental groups in favor of congestion pricing, said that by continuing the lawsuit, it could take years to resolve it.
..... "Instead of making another futile effort to resurrect the lawsuit, the governor should accept that congestion ricing is working, settle the lawsuit, take the hundreds of millions of dollars that New York state offered and use that money to improve public transit in New Jersey," Reichman said.