New Jersey pushes back on NYC's $15 congestion toll: 'You are not eliminating pollution; you are just displacing it'

New Jersey presented oral arguments on Wednesday in its lawsuit against New York over its $15-per-day congestion toll for Manhattan commuters. The complaint argues that the plan will place an economic strain on New Jersey residents and fail to reduce pollution, WABC-TV reported.

According to the lawsuit, the Federal Highway Administration approved New York City's toll but "failed to adequately consider the environment impacts" and "ignored the significant financial burden being placed on New Jerseyans and New Jersey's transportation system."

The complaint claims the federal government rushed through the approval without adequately reviewing the potential impacts.

Randy Mastro, a lawyer representing New Jersey in the case, called it "mind-boggling" that the Metropolitan Transportation Authority concluded the congestion toll would have "no significant impact" on traffic, the economy, or air quality in nearby areas, the New York Post reported. Mastro claimed that the FHWA's approval was "predetermined."

Mastro questioned whether the review "took a hard look into the adverse environmental impact" on the "entire region."

"They didn't consider New Jersey adequately," he stated.

As part of New York City's congestion toll plan, it set aside a $35 million mitigation commitment for the Bronx. However, it did not allocate any funds to New Jersey.

"There has been a mitigation commitment and in a dollar amount to the Bronx. Isn't that differentiated treatment, potentially rising to the level of arbitrariness?" Judge Leo Gordon asked MTA and FHWA lawyers.

Elizabeth Knauer, a lawyer representing the MTA, denied the claims of differentiated treatment.

New Jersey officials hope the legal action will force the federal government to conduct a more thorough evaluation. Governor Phil Murphy (D) contended that New York City's plan will only move pollution to surrounding areas.

"You are not eliminating pollution; you are just displacing it from Manhattan to New Jersey," Murphy stated Tuesday. "And you're charging our commuters an exorbitant fee on top of that."

Murphy has asserted that the city's plan is a "blatant cash-grab."

WABC reported that over 400,000 New Jersey residents commute into Manhattan every day. The new toll, slated to take effect in June, will require New Jersey commuters to pay millions of dollars to the MTA.

The lawsuit stated, "The end result is that New Jersey will bear much of the burden of this congestion pricing scheme — in terms of environmental, financial, and human impacts — but receive none of its benefits."

The MTA passed the controversial congestion toll in an 11-1 vote last week. Under the plan, most passenger vehicles will be charged $15 per day to drive on 60th Street and below. Small trucks and charter buses will be charged $24 per day, and large trucks and tour buses will be charged $36 per day. Motorcyclists will receive a $7.50 toll per day. The cost will drop by 75% in the evening. Commuters using taxis and black car services must pay an additional $1.25 fare, while Uber and Lyft passengers pay an extra $2.50.

New York City will use the state's existing E-ZPass system to collect most tolls. Drivers without a pass will be charged at a higher rate. For example, instead of $15 per day, passenger vehicles without an E-ZPass will be charged $22.50 per day.

Drivers making less than $50,000 per year could be eligible to receive a discount.

City officials anticipate the plan will reduce traffic by 17% and collect $1 billion annually. The funds gathered through the toll system will be used to improve public transportation.

Currently, the city is facing six lawsuits over the congestion toll plan.

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