'Selfish money grab': Bergen County joins fight against NYC congestion pricing

HACKENSACK — Bergen County has joined New Jersey's fight against New York's congestion pricing.

The county filed a brief in support of the state's legal action against the Metropolitan Transportation Authority's proposed congestion pricing plan.

If approved, the congestion pricing will "severely burden" Bergen County residents and cause an increase in air pollution and traffic in the county, which will not receive any of the benefits of the tolling program, said a request to submit an amicus brief filed by Bergen County counsel on Jan. 8 in the United States District Court for the District of New Jersey.

Bergen County Executive Jim Tedesco called the congestion pricing a "selfish money grab by New York City."

“New York's unilateral decision to finally address years of financial mismanagement at the MTA by plugging revenue holes at the environmental and financial detriment of Bergen County residents and businesses is shameful and must be stopped,” Tedesco said.

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 and costs will increase for all drivers in New Jersey and Bergen County under each of the seven scenarios under consideration, the court documents filed Jan. 8 said.

Reports also indicated that vehicle miles traveled would increase by 10.6%, or more than 10 million vehicle miles traveled on an average weekday.

“The Final Environmental Assessment and FONSI fails to propose or commit to or mitigate any of the impacts on Bergen County, failed to consult with Bergen County communities or include recommendations by the EPA and never considered how each possible scenario would affect Bergen County," the court document said.

A result of the redirection of traffic from the Lincoln and Holland tunnels to the George Washington Bridge would also negatively affect several Bergen County towns, the county counsel argued in the court filing.

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 brief request said that although New Jersey has a broader concern, the impact on the pricing plan is more direct to Bergen County residents than to any other county in the state, the reason they believe the court should allow the amicus brief.

"By joining the state of New Jersey lawsuit against congestion pricing, we affirm our commitment to supporting the well-being of our community,” Bergen County Commissioner Chairwoman Germaine Ortiz said. “The failure to thoroughly consider the impact on neighboring states is evident. We demand to be part of the decision-making process, and will never stop advocating for the needs and health of all Bergen County residents."

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The county’s legal team is expected to receive a decision on whether its brief is accepted on Feb. 5.

“New Jersey commuters use mass transit and benefit from less congestion and cleaner air, and that’s why 34 New Jersey environmental groups signed an amicus brief in support of congestion pricing," John J. McCarthy, the MTA's chief of policy and external relations, said in response to the county's brief.

"Those organizations recognize this program has been exhaustively studied in the 4,000-plus-page environmental assessment and it’s time to deal with the congestion that’s clogging roads and slowing down emergency vehicles, buses and commerce,” McCarthy 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.

Staff Writer Colleen Wilson contributed to this story.

This article originally appeared on NorthJersey.com: Bergen County NJ joins fight against NYC congestion pricing