Gov. Murphy says New York congestion pricing plan violates US Constitution

Gov. Murphy says the fee violates the Constitution's dormant commerce clause and unconstitutionally burdens the right to travel.

News 12 Staff

Jan 17, 2024, 2:34 PM

Updated 268 days ago

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Gov. Phil Murphy says the controversial New York City congestion pricing plan violates the U.S. Constitution, and he is amending his lawsuit over it.
Murphy announced New Jersey's request to add constitutional claims against the Metropolitan Transportation Authority and the Triborough Bridge and Tunnel Authority.
Murphy says the fee violates the Constitution's dormant commerce clause and unconstitutionally burdens the right to travel.
“The tolling scheme currently being pursued by the MTA fails to address our greatest concerns,” Murphy said in a statement. “Compounding the federal government’s failure to subject the MTA’s proposal to the full environmental review it warranted, it’s now clear that the MTA’s plans will also result in a scheme that unfairly tolls and discriminates against New Jerseyans, especially low-income New Jersey drivers. 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.”
The new complaint also adds co-plaintiffs to the lawsuit: those who live in New Jersey, those who travel for work in the central business district, and those who have lower incomes and will not be eligible for the CBD tax credit since they do not live in New York.