NY Congestion Pricing Plan Violates US Constitution, NJ Governor Says

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NY Congestion Pricing Plan Violates US Constitution, NJ Governor Says

NJ adds MTA as defendant in its lawsuit in amended complaint

Murphy asks court to stop construction for congestion pricing

New Jersey Governor Phil Murphy is again pushing back on New York’s plan to charge motorists driving into Manhattan’s central business district, saying it violates the US Constitution as the new toll discriminates against New Jersey residents.

New Jersey in July sued the US Department of Transportation, claiming the tolling plan needs a longer environmental analysis. The suit now adds New York’s Metropolitan Transportation Authority, which is implementing the plan, as a defendant, according to an amended complaint filed Tuesday.

New Jersey claims that congestion pricing violates the dormant commerce clause of the US Constitution, which prohibits states from enacting laws that discriminate against or unduly burden interstate commerce, according to the amended complaint. The congestion pricing plan fails to direct any of the new revenue to New Jersey, or offer tax credits to its residents or charge those living in the district — who are New Yorkers — for driving within the area, according to the amended complaint.

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“The federal government and the MTA can no longer be permitted to fast-track a proposal that solely benefits New York’s transportation system at the expense of hardworking New Jerseyans,” Murphy said in a statement Tuesday.

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NY Congestion Pricing Plan Violates US Constitution, NJ Governor Says