State Watch

New Jersey sues feds as congestion pricing battle with New York heats up

New Jersey Gov. Phil Murphy delivers his budget address to a joint session of the Legislature at the statehouse, in Trenton, N.J., Tuesday, Feb. 28, 2023.

The state of New Jersey is suing the U.S. Department of Transportation (USDOT) and the Federal Highway Administration (FHWA) over New York City’s proposed congestion pricing plan.

In a press conference Friday, Gov. Phil Murphy (D-N.J.) called the plan a “poorly designed proposal” that will harm New Jersey’s environment. Murphy said the federal government lacked a “thorough environmental impact review” when approving the plan.

“Unfortunately, New York’s proposal will prompt toll shopping, where more drivers seek circuitous routes to avoid paying the highest tolls, resulting in more traffic and more pollution in certain areas,” Murphy said.

Murphy also stated his concerns about how the pricing plan will affect New Jersey residents’ wallets. He said he is concerned about how the possibly $23 per day cost, as stated in a report from August 2022 released by New York’s Metropolitan Transportation Authority, might make life financially harder for those living in the Garden State.

“At a time when prices are rising, this massive increase in tolls would mean hundreds of dollars a month for families that need that money for essentials,” Murphy said.

U.S. House Reps. Josh Gottheimer (D-N.J.), Bill Pascrell (D-N.J) and U.S. Sen. Bob Menendez (D-N.J.) also attended and spoke at the press conference. Menendez spoke about a bill he, Prascrell and Gottheimer introduced in May called the “Stop Taxation of Overburdened People from New Jersey by Correcting Obnoxious New Gimmick and Ensuring the Stability of Transportation Infrastructure From Obstinate Neighbors Act” (STOP NJ CONGESTION Act). 

“I’ve introduced legislation with almost the entire New Jersey delegation that would protect our state’s commuters and impose highway sanctions on New York if they continue on this outrageous path,” Menendez said. “It would require New York to meaningfully engage with New Jersey and receive consent from us before implementing their plan.”

John J. McCarthy, chief of external relations for the MTA, said the agency is confident that the federal approval process for the legislation “will stand up to scrutiny.”

When The Hill reached out to FWHA, the agency said that it does not comment on pending litigation.

The Hill has also reached out to the USDOT for comment.

— Updated 4:31 p.m.