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Congestion pricing revival awakens old enemies and new lawsuits.

  • Writer: Chantal Mann
    Chantal Mann
  • Nov 25, 2024
  • 2 min read

Updated: Dec 10, 2024


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The controversial Manhattan tolling plan was revised to a lower price, but still faces legal challenges from several fierce opponents.

A Long Island town has sued New York over the state's revived congestion pricing toll.


The Town of Hempstead filed a lawsuit against the state on Nov. 22, following the Federal Highway Administration’s approval of the updated plan on Nov. 21. The lawsuit claims that the Metropolitan Transportation Authority (MTA) skipped a required 45-day public notice period, rendering the toll illegal. The revised toll will go into effect on Jan. 5, charging most E-ZPass vehicles $9 when entering Manhattan below 60th Street. 


“We are standing up for our residents,” Jennifer DeSena, North Hempstead Town Supervisor, said during a press conference on Nov. 21. “It hurts the workers, it hurts the small businesses, and we won’t stand for it.”


Congestion pricing was originally slated to begin June 30 at $15, but New York Gov. Kathy Hochul indefinitely paused the plan on June 5 due to affordability concerns


The town filed another lawsuit against congestion pricing in May, eight weeks before the initial plan was scheduled to start. 


New Jersey Gov. Phil Murphy also filed a lawsuit against congestion pricing in April that’s awaiting ruling. Murphy wrote in a statement that he will continue his legal fight against the revised plan.


“We stand resolutely against a tolling scheme that will unfairly burden our commuters,” Murphy wrote. “We will continue to do everything we can to fight this unfair and unpopular plan in the courts.”


President-elect Donald Trump said in a social media post in May that he would “terminate” congestion pricing during his first week in office. Trump hasn’t publicly announced the official actions he will take, but told the New York Post that congestion pricing is “the most regressive tax known to womankind.”


U.S. Reps. Mike Lawler (R-N.Y.) and Josh Gottheimer (D-N.J.) have also drafted legislation that would deny federal aid to the MTA as long as congestion pricing is in effect.


“If the president is able to take executive action to withdraw [federal] approval, that obviously would be one avenue,” Lawler told Gothamist. “Legislatively, absolutely. We’re going to pursue every avenue we can to stop this.”


Nine lawsuits against the toll are pending and four have hearings scheduled for Dec. 20.


“It’s not a Republican issue, it's not a Democratic issue, it's not an independent issue — this is opposed by everybody,” Hempstead Town Supervisor Don Clavin said during the press conference. “This is an ill-conceived idea that is nothing more than a cash grab.”

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