City Council Member Kristy Marmorato continued her vocal opposition to the impending congestion pricing plan after a federal judge declined to explicitly block the tolling program in a case filed by the state of New Jersey to stop it.
She posted to X Wednesday a copy of a statement she and other members of the Common Sense Caucus penned, which calls the new toll – which would charge most drivers entering Manhattan below 60th Street $9 starting Sunday – a “scam tax.” The Common Sense caucus is comprised of nine council members—mostly Republicans—who are critics of the plan.
“With less than a week left before congestion pricing takes effect, we continue to urge the MTA to halt this burdensome toll on New Yorkers,” Marmorato, a Republican who represents northeast Bronx, said in the post.
The ruling was in response to a lawsuit filed by New Jersey arguing that the plan failed to undergo a thorough environmental assessment. The Garden State also claimed that it was unfair that $20 million had been allocated to Bronx county—to minimize the extra pollution caused by increased traffic from drivers trying to avoid the toll—and not areas in New Jersey.
New Jersey Attorney Randy Mastro complained that the congestion pricing plan did not include any money to do the same for Bergen county, even though the Environmental Assessment found that traffic there would increase.
Ultimately, Judge Leo Gordon was swayed by the Garden State in terms of the funds to combat pollution, requiring the Federal Highway Administration (FHWA) to provide “further explanation” as to why the congestion pricing plan committed money to help mitigate pollution in the Bronx but not Bergen County.
Still, Judge Gordon sided largely with the MTA, although with the absence of a definitive “yes” or “no” on the launch of the tolling program, both sides claimed a victory. New Jersey representatives read the opinion as a halt to the launch while New York representatives viewed it as a green light, which has Marmorato and the Common Sense Caucus urging the MTA to pause the toll program.
“With several legal cases and injunctions still pending, moving forward with the congestion pricing on Jan. 5, would be reckless and presents significant complications for the state, including potential court-mandated refunds,” the caucus said in the statement Marmorato posted.
Meanwhile, the MTA celebrated the ruling.
“We’re gratified that on virtually every issue, Judge Gordon agreed with the New York federal court and rejected New Jersey’s claim that the Environmental Assessment approved 18 months ago was deficient,” MTA Chair and CEO Janno Lieber said in a statement. “Most important, the decision does not interfere with the program’s scheduled implementation this coming Sunday, January 5.”
But Mastro insisted that the judge’s ruling meant the MTA couldn’t go ahead with the Jan. 5 launch date.
“New Jersey remains firmly opposed to any attempt to force through a congestion pricing proposal in the final weeks of the Biden Administration,” Mastro said in a statement. “There could not be a worse time to impose a new $9 toll, escalating over time to $15, on individuals who are traveling into downtown Manhattan for work, school, or leisure.”
The Empire-Garden State legal showdown is one of the last legal challenges to the program, with lawsuits from New York City residents, elected officials and working groups all failed to stop the tolling plan.
