The state alleges in court that federal regulators failed to properly consider the environmental impacts congestion pricing would have on New Jersey. (Sophie Nieto-Muñoz | New Jersey Monitor)
New Jersey spent more than $1.1 million attempting to defeat congestion pricing in court through the end of November, according to records obtained by the New Jersey Monitor.
The state’s legal fees are all but certain to exceed this total, as the records obtained through the Open Public Records Act do not include fees accrued in December or January. Just two weeks ago the parties spent four hours in court for a hearing in the case.
A spokesperson for the Office of the Attorney General noted the state’s legal bills could have been far higher had the state not secured a reduced rate for the litigation. Law firm King & Spalding is representing the state in court.
“The $250 per hour rate for the work performed on this matter reflects a significant government discount from King & Spalding’s customary rates, which reach more than $2,000 per hour for certain of its attorneys,” said Mike Symons, the spokesperson.
Randy Mastro, the attorney New Jersey tapped to lead its congestion pricing fight, was previously hired to head an internal investigation into Bridgegate under Gov. Chris Christie that cost the state roughly $9 million.
The future of the state’s push to end congestion pricing is unclear, though Gov. Phil Murphy during his annual state of the state address on Tuesday teased that there’s more to come.
“We have not stopped fighting for one second to defend our commuters going in and out of New York. Stay tuned,” Murphy said.
The state in July 2023 sued the U.S. Department of Transportation over congesting pricing, alleging federal regulators had failed to properly consider the environmental impacts the plan would have on New Jersey. The toll hits most drivers with a $9 fee for entering Manhattan south of 60th Street between 5 a.m. and 9 p.m. on weekdays. Motorists who use the Lincoln and Holland tunnels get a discount.
The state’s efforts have not yet been successful. A U.S. District Court judge rejected New Jersey’s request for a temporary injunction earlier this month, and Judge Leo Gordon denied the state a stay that would have paused the law while New Jersey asked an appellate panel to weigh in. New York began levying the toll on Jan. 5.
The tolls are meant to bring $15 billion to the Metropolitan Transportation Authority’s capital budget. They will rise to $12 in 2028 and $15 in 2031.
On top of underwriting the MTA’s capital spending, congestion pricing aims to reduce gridlock and pollution in Manhattan.
Early data shows significantly fewer drivers have crossed into the Manhattan south of 60th through tunnels and bridges subject to congestion tolls since they were implemented, and those who did got into the city significantly faster.
Still, an independent tracker found travel times in the congestion zone remained largely unchanged. The MTA said the number of vehicles entering the tolling zone fell by about 8%, or by roughly 219,000 vehicles.
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