Phil Murphy, governor of New Jersey, in enlisting President Trump in his wrongheaded suburban war against congestion pricing, puts at risk the federal approval for the essential tolling plan. With Trump already being a foe, it will be up to federal judges in both states to continue to uphold the law.
The returned president was still delivering his inaugural address Monday when Murphy sent Trump a public letter asking him to join New Jersey in opposing charging $9 to vehicles driving south of 60th St.
And Murphy is also asking Trump to review the position of the federal government, which has certified that the program has met all regulatory standards.
Murphy reminded Trump of his pledge from May that: “Congestion Pricing” is a disaster for NYC. I stopped it for years at the Federal level, but Crooked Joe railroaded it through. A massive business killer and tax on New Yorkers, and anyone going into Manhattan. I will TERMINATE Congestion Pricing in my FIRST WEEK back in Office!!! Manhattan is looking for business, not looking to kill business!
It is now the “first week” and Trump didn’t need any encouragement, but there is real concern.
While the tolls have been green-lit by the feds and have been in operation since Jan. 5, Murphy still has a lawsuit pending. The case is State of New Jersey vs. U.S. Department of Transportation et al. The US DOT, which has backed New York and the MTA on the tolls, is now under Trump’s orders and may very well switch sides in the litigation, agreeing that the tolls are improper. The same for the Department of Justice and the Environmental Protection Agency, all could make a 180.
Newark Federal Judge Leo Gordon, who has sided with the MTA in allowing congestion pricing, has to reject such a transparent political turnaround by the feds. The same applies to all the other federal cases pending in both states.
The other danger is alluded to in a separate, non-pubic letter that Murphy refers to: “I am attaching a letter on behalf of New Jersey requesting that New York’s congestion pricing scheme receive the close look it deserved but did not receive from the federal government last year. I hope that you will ensure that this request receives prompt attention from the relevant officials within your administration.”
While we haven’t seen the letter, which lawyers for the MTA must strive to get entered into the public court docket, it seems Murphy is asking the Federal Highway Administration to reopen the approval for congestion pricing. Despite Murphy’s claim, the tolls did get a very “close look” from Uncle Sam and such a request would typically be denied. However, there was a notable change in the program when Gov. Hochul delayed the June 30 start date: The initial $15 fee was lowered to $9.
While the lower figure was within the $9 to $23 range evaluated related to traffic levels and air pollution emissions, Murphy may have found something that permits the now-hostile FHWA extra latitude to perform another review. If so, Trump appointees may grab it and suspend the tolls until the new approval, which will never come under Trump.
Then it would be New York’s turn to sue and those federal judges would have to again stand up for the law and say no to the president.