NYC congestion pricing would send traffic to Bergen County, burden the area, lawsuit said

HACKENSACK — Bergen County will assist New Jersey in its fight to stop New York's congestion pricing.

The county's brief in support of the state's legal action against the Metropolitan Transportation Authority's proposed congestion pricing plan has been accepted by the U.S. District Court of New Jersey.

Bergen County will now appear as amicus curiae, an entity or person called in to advise the court, when oral arguments begin in April. This will allow Bergen County to offer information, expertise or insight on the case.

A congestion pricing scanner is shown above the north-bound side of Broadway, between West 60th and 61st St. in Manhattan, Thursday, November 2, 2023
A congestion pricing scanner is shown above the north-bound side of Broadway, between West 60th and 61st St. in Manhattan, Thursday, November 2, 2023

The acceptance of the brief by the U.S. District Court of New Jersey "signifies a crucial step forward in our fight against the unjust burden of New York's congestion pricing scheme,” County Executive Jim Tedesco said. “It is surely encouraging news and my administration looks forward to our day in court to stand up for the well-being of our residents by stopping the implementation of this selfish money grab by New York City.”

Bergen County argued the plan would burden its residents with increased traffic and air pollution.

Bergen County has a “significant interest” in arguing against the proposed congestion pricing plan. An environmental assessment and finding of no significant impact, or FONSI, report noted that truck traffic on I-95 in New Jersey and Bergen County will increase by up to 1,000 trucks. Costs will increase for all drivers in New Jersey and Bergen County under each of the seven scenarios under consideration, the court documents filed on Jan. 8 stated.

Today the George Washington Bridge is the most traversed bridge in the world, with 100 million vehicles crossing each year.
Today the George Washington Bridge is the most traversed bridge in the world, with 100 million vehicles crossing each year.

"Our amicus brief underscores that this scheme primarily benefits New York City, leaving Bergen County and its residents to bear the brunt of its consequences," County Board of Commissioner Chairwoman Germaine Ortiz said. "Prioritizing our residents' needs and well-being will always take precedence, and the acceptance of our amicus brief by the U.S. court marks a significant step toward fulfilling that commitment.”

To avoid the congestion pricing area, many drivers likely would avoid the Lincoln and Holland tunnels and go to the George Washington Bridge instead, negatively affecting several Bergen County towns, the county counsel argued in the court filing.

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Routes 3, 4 and 17 will be directly affected, the county said, as will towns including Lyndhurst, Rutherford, East Rutherford, Carlstadt, Wood-Ridge, Hasbrouck Heights, Hackensack, Fort Lee and Paramus.

The county’s legal team advised that oral arguments are scheduled for April 3 and 4.

"Bergen County remains committed to protecting the interests of its residents and businesses, advocating for fair and transparent solutions that do not compromise the well-being of our seventy communities," Tedesco said.

New Jersey lawsuit

The Murphy administration has asked to update its lawsuit over the New York congestion pricing plan with new arguments that the tolls are discriminatory against New Jersey drivers.

The revised lawsuit, filed Jan. 15 in the U.S. District Court of New Jersey, includes several examples of how motorists from the Garden State could face discrimination and argues that the new toll would violate the commerce clause of the Constitution.

The suit argues that the toll would be discriminatory because it is only for those who enter the Central Business District, which is the tolling zone below 60th Street in Manhattan, and doesn’t include those driving only within the district; because drivers who use the Lincoln and Holland tunnels will pay at least 1½ times more than New Yorkers to enter the tolling zone; and because low-income drivers in New Jersey are not eligible for the low-income tax credit available to New York residents who live in the zone.

This article originally appeared on NorthJersey.com: NYC congestion pricing will send traffic to Bergen roads, lawsuit said