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NJ Federal Judge Leo Gordon’s Order Blocks Congestion Pricing Tax

Requires further FHA review

Statement by Susan Lee, President, New Yorkers Against Congestion Pricing Tax

New Yorkers Against Congestion Pricing Tax, the coalition of residents from diverse neighborhoods around NYC who initiated a lawsuit to demand that the FHA perform an EIS to show the real impacts of Congestion Pricing on our communities, applauds the order issued by New Jersey Federal Judge Leo Gordon that sends the Congestion Pricing Tax back to the FHA to review whether this tax scheme complies with all federal legal mandates.

The Judge’s order confirms our position that this scheme is fundamentally flawed.  The order requires a further review that subjects any decision on its validity until late January into February of the new year. 

Any MTA attempt to proceed pending a final resolution would be both foolish and costly.  Following this order, we say to the MTA: “not so fast.”

Our Class Action lawsuit concerning the MTA’s failure to follow SAPA (the New York State Administrative Procedure Act) remains pending in SDNY.

SAPA requires consideration of socio-economic impacts, including on small business and workers. It is especially important because the toll tax impacts marginalized New Yorkers who will be hurt by the Congestion Pricing Tax which would cut into their pockets and pocketbooks.

The implementation of this toll-tax scheme would increase the costs of goods and services in every NYC neighborhood for small businesses and all New Yorkers whether they take public transit, ride a bike, walk, rely on for hire vehicles or drive a car; increase traffic and pollution and incidence of asthma in environmentally sensitive communities including the Lower East Side, Chinatown, and the South Bronx; and kill jobs that many lower income New Yorkers depend on –  one cannot get more socio-economic than that!

Last Spring we proposed “A 5-point Plan to Save Public Transit,” especially as a starting point. That plan includes funding MTA Capital Program the same way NYC and NYS fund their regular capital programs. Funding for public transit should be a priority in the same manner the city and state fund schools, hospitals, senior center, roads, libraries, museums and parks. Since PublicTransit fuels the City economy which fuels the state economy which fuels the U.S. economy, secure steady stream of capital funding from the Federal government.

The federal government must come through with substantial funding for the Public transit system that fuels the economy of the City and State that in turn fuel the national economy.

As to new revenues, look at the “menu” of one dozen alternatives identified by Keep NYC Congestion Tax Free.

Ultimately we still look forward to an outcome that leads to a path that protects New Yorkers from a deleterious environment and economy-killing toll-tax also harmful to public health and to devote public resources as appropriate and outlined above.