NJ argues New York congestion lawsuit is “ripe for adjudication” as Hochul revives controversial commuter tolling

A lawyer for New Jersey Gov. Phil Murphy has asked a federal judge to issue a ruling in one of the major lawsuits challenging the congestion pricing plan revived by New York Gov. Kathy Hochul on Thursday.

Attorney Randy Mastro sent a letter to the court Wednesday evening — anticipating Hochul’s announcement of the upcoming $9 toll on motorists entering Manhattan below 60th Street — asking Newark federal Judge Leo Gordon to issue his to clear their own logjam when it comes to deciding their case.

“These recent developments are further evidence that this case is ripe for adjudication,” Mastro wrote.

The case is one of nearly a dozen lawsuits challenging Hochul’s attempts to both enact and then pause the congestion pricing plan, which is still winding its way through state and federal courts.

Mastro appears to be the only motion so far to respond to Hochul reversing her pause in plans with a new, lowered toll level set to take effect on January 5th.

The well-known attorney told The Post that increasing the toll from $15 to $9 still does not address their concerns that the plan was pushed through “without a full environmental review.”

“The MTA’s congestion pricing system remains as flawed today as it always has been,” Mastro said. “We have sued to prevent this plan from being implemented and are now looking forward to the court’s ruling in our case.”

On Thursday, Murphy said he remains “strongly opposed to any attempt to push through a congestion pricing proposal” in the final days of the Biden administration, especially considering “the message voters across America sent last Tuesday.” .

“I have always expressed my openness to a form of congestion pricing that meaningfully protects the environment and does not impose unfair burdens on New Jersey’s hard-working commuters,” Murphy said. “Today’s plan fails that test miserably.”

In another lawsuit challenging congestion pricing, a coalition calling itself New Yorkers Against Congestion Pricing Tax filed papers Thursday opposing the federal government’s motion to dismiss. She said Hochul is trying to avoid having the plan scrapped entirely by Donald Trump’s new administration.

“With regard to our lawsuit, the governor’s announcement requires the court to immediately intervene on our constitutional claim,” said attorney Jack Lester, who cites environmental concerns as the basis for his recent filing.

After Hochul’s announcement Thursday, lawyers representing the Trucking Association of New York in its congestion pricing lawsuit against the MTA told a federal judge in a letter that they would have to refile their legal challenge once the revised toll structure is officially approved. They added that the MTA’s motion to dismiss their case “will soon be moot” because of the changes.

Not all lawsuits over congestion pricing are aimed at striking down the tax — two lawsuits filed this summer after Hochul made a surprise announcement that she would suspend the long-planned toll have asked a judge to declare her decision illegal and to force the congestion. Killing plan to continue.

Arthur Schwartz, an attorney in a lawsuit brought by the Rider’s Alliance and a coalition of pro-transportation and environmental groups, said that while he was glad the plan was “back on track,” the reduced revenue raised unanswered questions.

“$9 is 60% of $15, which means there will still be a big hole in the MTA’s capital budget and continued disregard for people with disabilities,” Schwartz said. “The governor was wrong in June and has not done enough for all NYC transit customers now.”