With just days to go before the nation’s first congestion toll begins, a federal judge cleared a key obstacle on Monday.
Responding to a lawsuit from the United Federation of Teachers, the Trucking Association of New York and Manhattan residents, Judge Lewis Liman issued a 111-page ruling denying a request for a temporary injunction.
“Plaintiffs fail to establish a likelihood of success on the merits for any claim,” the judge wrote in his conclusion.
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Barring another legal ruling from across the Hudson River, where the state of New Jersey has sued to block the new fee on environmental grounds, New York’s congestion pricing law is set to begin seconds past midnight on Jan. 5th. Cars would pay a peak fee of $9 from 5 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends. Off-peak would be a 75% discount — $2.25.
The lawsuit from New Jersey is for tens of millions of dollars, predicting environmental harm if traffic gets worse on the other side of the river. In response to that lawsuit, New York Gov. Kathy Hochul has said she offered money to settle it — but no deal has been reached.
"We’ve made multiple offers to settle this lawsuit, very generous offers," Hochul said previously.
“It’s really unfortunate that detractors are trying to prevent this really important policy from moving forward,” said Julie Tighe, president of the League of Conservation Voters, one of several environmental protection groups supporting congestion pricing. "For the people who are going to remain on the roads, there’s going to be less time spent in traffic. That's going to be a win. We are spending billions of dollars and wasted time on people sitting in traffic in Manhattan."
The MTA has predicted there would be 10% fewer cars and trucks after the toll begins. But opponents of the toll say it discriminates against certain communities.
“We are fed up watching the state of New York punish people for just going to work,” said Rockland County Executive Ed Day, saying the 4,000 daily drivers from his community into Manhattan don’t have a credible alternative of mass transit.
Day's office said a federal judge hearing a case in White Plains similarly declined to issue an injunction later in the day. That decision came after the county had sued, claiming congestion pricing hurts its commuters who don't have reliable mass transit to fall back on.
“West of the Hudson service is horrible,” said Day. “There has been no significant transit investments in Rockland.”
MTA Executives have promised that billions of dollars raised by congestion pricing will pay to modernize the system all across the region.
"We are gratified by the decisions from these courts," an MTA spokesperson said. "It’s time for congestion relief, and we are ready to go."
