MTA gets OK to start $9 Manhattan congestion toll following Jersey judge’s ruling — but NJ isn’t giving up it’s fight just yet

A political war on the Hudson erupted Monday over New York Gov. Kathy Hochul and the MTA’s controversial $9 congestion toll.

The MTA can now begin collecting the first-in-the-nation congestion fee on Sunday, Jan. 5, to enter Manhattan south of 60th Street — following a federal judge’s ruling in Newark.

While Judge Leo Gordon said environmental mitigation concerns on the Jersey side of the Hudson have to be addressed, he chose not to issue a preliminary injunction to block implementation of the toll in his 72-page ruling.

“The decision does not interfere with the program’s scheduled implementation this coming Sunday, January 5,” said MTA chairman Janno Lieber.

Hochul hailed the decision.

“Despite the best efforts of the State of New Jersey trying to thwart New York’s ability to reduce congestion on our streets while making long-overdue investments in public transit, our position has prevailed in court on nearly every issue,” she said in a Monday night statement.

“This is a massive win for commuters in both New York and New Jersey. Now that the judge has issued his ruling, the program will move forward this weekend with a 40 percent reduction in the originally proposed cost of the toll,” she added, noting the originally proposed fee was $15.

But the Garden State claimed the ruling does pump the brakes on the new toll.

“We welcome the court’s ruling today in the congestion pricing lawsuit. Because of New Jersey’s litigation, the judge has ordered a remand, and the MTA therefore cannot proceed with implementing the current congestion pricing proposal on January 5, 2025,” New Jersey Gov. Phil Murphy said.

In sum, Gordon largely sided with the MTA and the US Department of Transportation — the defendants in the suit — over New Jersey, the plaintiff, regarding the extensive environmental assessments conducted over the impact of congestion pricing.

But the judge said the defendants erred in not providing enough specifics of measures to mitigate environmental impacts from diverted traffic in Jersey communities.

For example, congestion pricing provides specific funds for the Bronx, including $15 million to replace diesel-powered transport refrigeration units at the Hunts Point Produce Market, $20 million to fund an asthma care center and $10 million to add air filtration systems to schools near highways.

No such mitigation measures — in terms of addressing pollution — are provided to New Jersey’s impacted communities.

The judge said the defendants didn’t explain why “they were able to set with precision monetary amounts dedicated to relief in New York while providing no minimum amounts for mitigation for potentially impacted areas in New Jersey.”

“The court must conclude that the FHWA [Federal Highway Administration] and Project Sponsors acted in an arbitrary and capricious manner in reaching their mitigation determination in the Final EA,” Gordon noted.

The judge gave the FHWA until Jan. 17 to take actions to comply with the ruling regarding mitigation.

Hochul originally tabled a $15 proposed toll to enter Midtown south of 60th Street, then infamously waited until after the election to push a $9 commuter tax.

A Manhattan federal judge last week also rejected a bid from plaintiffs — including the United Federation of Teachers and Staten Island Borough President Vito Fossella — to block implementation of the toll.

Backers, including Hochul, said revenues from the new toll will help fund mass transit and curb traffic while opponents say it’s a cash grab for the spendthrift MTA.

There is one remaining anti-toll case brought by Hempstead Town Supervisor Don Clavin, pending in Brooklyn federal court.