The State’s original complaint in the lawsuit, filed in July 2023, alleges that the federal government violated the National Environmental Policy Act (“NEPA”), the Administrative Procedure Act, and the Clean Air Act when it approved plans for congestion pricing without adequate environmental review. Notably, at the time the FHWA completed its original faulty review, no tolling scheme had been set by the Metropolitan Transportation Authority (“MTA”) for its congestion pricing program.
In March 2024, the MTA adopted a tolling scheme that fundamentally differed from the tolling schemes previously assessed by the FHWA. In a quick re-evaluation, the FHWA rubber-stamped the March 2024 tolls, without conducting an adequate re-evaluation. The MTA then paused its plans for congestion pricing in June, before reversing course in November when it announced a never-before-considered phased-in tolling scheme, and the FHWA again greenlit the program without meaningful further analysis. New Jersey’s supplemental complaint asserts that these bare-bones re-evaluations also violate federal law.
In December 2024, a federal court agreed with New Jersey that the FHWA violated federal law when it initially approved the MTA’s plans in 2023. New Jersey’s new claims regarding more recent developments were not previously considered by the court.
“The decision by the federal government and the MTA to fast-track a proposal that solely benefits New York’s transportation system at the expense of hardworking New Jerseyans must be reevaluated and rescinded,” said Governor Phil Murphy. “Not only is this scheme a financial strain on hardworking New Jerseyans, but it will also have adverse environmental consequences on many North Jersey communities, as the federal government has admitted. The FHWA cannot continue to turn a blind eye to the significant environmental impacts that congestion pricing will have on New Jersey, favoring New York at the expense of its neighbors.”
For a copy of the amended complaint, please click here.
In a recent development in the ongoing legal battle over congestion pricing in New Jersey, Governor Phil Murphy has filed new claims in the lawsuit, according to Insider NJ. The lawsuit, which was initially filed by a group of New Jersey residents and businesses, challenges the state’s plan to implement congestion pricing in certain areas of the state.
Congestion pricing is a policy that aims to reduce traffic congestion by charging drivers a fee for using certain roads or entering certain areas during peak hours. Proponents of congestion pricing argue that it can help reduce traffic congestion, improve air quality, and generate revenue for transportation infrastructure projects. However, opponents of the policy argue that it unfairly burdens low-income drivers and small businesses.
In his new claims, Governor Murphy argues that congestion pricing is necessary to address the state’s growing traffic congestion problem and to fund much-needed transportation infrastructure projects. He also argues that congestion pricing is a fair and equitable way to distribute the costs of maintaining and improving the state’s transportation system.
The lawsuit has been closely watched by transportation advocates, policymakers, and residents across New Jersey. The outcome of the case could have significant implications for the future of transportation policy in the state and could set a precedent for other states considering implementing congestion pricing.
As the legal battle over congestion pricing continues to unfold, it is clear that there are strong opinions on both sides of the issue. Ultimately, it will be up to the courts to decide whether congestion pricing is a viable solution to New Jersey’s traffic congestion problem or if it unfairly burdens certain groups of drivers.
