{"id":169134,"date":"2026-03-20T11:57:35","date_gmt":"2026-03-20T11:57:35","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/169134\/"},"modified":"2026-03-20T11:57:35","modified_gmt":"2026-03-20T11:57:35","slug":"how-nj-drivers-aim-to-slay-nys-hated-congestion-pricing","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/169134\/","title":{"rendered":"How NJ drivers aim to slay NY&#8217;s hated congestion pricing"},"content":{"rendered":"<p>When a federal district judge this month blocked President Donald Trump\u2019s attempt to terminate congestion pricing, MTA CEO <a href=\"https:\/\/nypost.com\/2026\/03\/03\/us-news\/trump-administrations-bids-to-end-new-yorks-congestion-pricing-was-unlawful-federal-judge-rules\/\" rel=\"nofollow noopener\" target=\"_blank\">Janno Lieber cheered<\/a>: \u201cThe Manhattan tolls are here to stay,\u201d he declared.<\/p>\n<p>Not so fast.<\/p>\n<p>Judge Lewis Liman\u2019s ruling concerned a single question: Did the federal Department of Transportation have the authority to <a href=\"https:\/\/nypost.com\/2025\/02\/19\/us-news\/nyc-congestion-pricing-axed-as-trump-pulls-approval-of-hated-toll\/\" rel=\"nofollow noopener\" target=\"_blank\">yank its prior agreement<\/a> to the toll program?<\/p>\n<p>The judge answered\u00a0that it did not.<\/p>\n<p>But his ruling didn\u2019t resolve the bigger issue: whether the MTA ever had the legal authority to start charging tolls on Manhattan\u2019s streets in the first place.<\/p>\n<p><img style=\"aspect-ratio:1.49926794;display:block\" fetchpriority=\"high\" decoding=\"async\" data-modal-image=\"38837869\" width=\"885\" height=\"590\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/03\/congestion-pricing-effect-overview-overhead-116650250_3bf4ac-e1773966292429.jpg\" alt=\"Overview of overhead toll reader in Midtown West, on 9th Avenue at West 37th Street.\" class=\"wp-image-38837869\"\/>This program was designed to extract more money from the people of New Jersey than from the people of the borough it supposedly serves., writes NJ Assemblyman Paul Kanitra. Robert Miller<\/p>\n<p>That very different question is now squarely before a federal court in New Jersey.<\/p>\n<p>And the answer, I believe, is no.<\/p>\n<p>Here\u2019s what the MTA doesn\u2019t want drivers to understand: Federal law generally prohibits tolling on federally funded roads.<\/p>\n<p>The MTA claims it\u2019s entitled to a special dispensation through a federal program called the Value Pricing Pilot Program, a statutory exception that has permitted certain tolling experiments on qualifying roads.<\/p>\n<p>There are two fatal defects with that contention.<\/p>\n<p>For one thing, the VPPP is\u00a0defunct.<\/p>\n<p>The program expressly requires federal funding of any project operating under its authority \u2014 and Congress hasn\u2019t appropriated a single dollar for the VPPP since 2012.<\/p>\n<p>A program that requires federal money to operate cannot legally do so when the federal money dried up over a decade ago.<\/p>\n<p>There\u2019s also a second, independent problem: Even if the VPPP was still up and running, it still wouldn\u2019t apply to the roads MTA is tolling.<\/p>\n<p>The VPPP applied only to roads on the federal interstate system.<\/p>\n<p>And the streets in downtown Manhattan where the MTA is collecting its $9 toll \u2014 streets like 57th Street, Lexington Avenue and 3rd Avenue below 60th \u2014 are\u00a0not\u00a0part of that system: They are federally funded arterial roads.<\/p>\n<p>The statutory exception the MTA invoked simply doesn\u2019t apply to the roads it\u2019s actually charging drivers to use.<\/p>\n<p>Put these two defects together and the conclusion is unavoidable: The MTA has been scooping up tolls it had no legal right to collect, starting from the very first day the congestion-pricing program launched in January 2025.<\/p>\n<p>\t\t\t\t\t\t\tGet opinions and commentary from our columnists\t\t\t\t\t\t<\/p>\n<p class=\"inline-module__cta\">\n\t\t\t\t\t\t\tSubscribe to our daily Post Opinion newsletter!\t\t\t\t\t\t<\/p>\n<p>\t\t\t\t\t\tThanks for signing up!\n\t\t\t\t<\/p>\n<p>By our estimate, drivers have been illegally soaked for <a href=\"https:\/\/nypost.com\/2026\/02\/03\/us-news\/mta-nets-62m-more-than-expected-from-congestion-pricing\/\" rel=\"nofollow noopener\" target=\"_blank\">approximately $600 million<\/a>.<\/p>\n<p>Under the law, that money must be returned.<\/p>\n<p>A class-action lawsuit asserting these claims on behalf of drivers\u00a0is pending before Judge Leo M. Gordon in the US District Court for the District of New Jersey.<\/p>\n<p>The case, Dunne v. Metropolitan Transportation Authority, has the backing of the New Jersey Conference of Mayors, the New Jersey General Assembly Republican membership and the Board of Commissioners of Warren County.<\/p>\n<p>I am a supporter because my constituents are being robbed by these illegal tolls.<\/p>\n<p>To date, the MTA has offered\u00a0no answer\u00a0as to how its program can survive\u00a0either one\u00a0of its two independently fatal defects \u2014 let alone both of them.<\/p>\n<p>Congestion pricing\u2019s <a href=\"https:\/\/nypost.com\/2025\/02\/27\/us-news\/hochul-rips-nj-over-congestion-pricing-what-do-we-care\/\" rel=\"nofollow noopener\" target=\"_blank\">impact on New Jersey is substantial<\/a>.<\/p>\n<p>The congestion-pricing zone runs directly along the New Jersey\u2013New York border.<\/p>\n<p>And according to the MTA\u2019s own projected tolling scenarios, New Jersey drivers bear a\u00a0greater\u00a0share of the toll burden than Manhattan residents do.<\/p>\n<p>This program was designed to extract more money <a href=\"https:\/\/nypost.com\/2025\/01\/31\/us-news\/chris-christie-has-fiery-advice-for-nj-to-fight-congestion-pricing-stop-these-projects\/\" rel=\"nofollow noopener\" target=\"_blank\">from the people of New Jersey<\/a> than from the people of the borough it supposedly serves.<\/p>\n<p>Congestion pricing launched in the final days of Joe Biden\u2019s presidency, under the auspices of a Biden-era federal agreement.<\/p>\n<p>Six weeks later Trump\u2019s new transportation secretary, Sean Duffy, moved to rescind that agreement.<\/p>\n<p>The MTA sued, and Judge Liman\u2019s ruling that Duffy lacked the authority to make his unilateral call was the result.<\/p>\n<p>But that\u2019s it. That\u2019s all the judge decided.<\/p>\n<p>The lawsuit before Judge Gordon is about a different fight, a more fundamental one: whether this program was ever lawful to begin with.<\/p>\n<p>The New Jersey class action is fighting to get drivers their money back, every last dollar.<\/p>\n<p>This is a lawsuit filed by ordinary people who were wrongfully charged tolls that were never legally authorized, banding together to recover what was taken from them.<\/p>\n<p>When a government agency takes money it had no authority to collect, the law requires it to be returned.<\/p>\n<p>This month\u2019s ruling does nothing to extinguish that $600 million (and growing) liability. It doesn\u2019t even address it.<\/p>\n<p>Declare a hollow victory if you\u2019d like, Mr. Lieber.<\/p>\n<p>Just don\u2019t spend it yet \u2014 this train hasn\u2019t reached its destination.<\/p>\n<p>Paul Kanitra represents Ocean County in New Jersey\u2019s general assembly.<\/p>\n","protected":false},"excerpt":{"rendered":"When a federal district judge this month blocked President Donald Trump\u2019s attempt to terminate congestion pricing, MTA CEO&hellip;\n","protected":false},"author":2,"featured_media":169135,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[748,5459,2850,75,277,84,83,141,1066,9,24,63,299,3736,17898],"class_list":["post-169134","post","type-post","status-publish","format-standard","has-post-thumbnail","category-manhattan","tag-congestion-pricing","tag-department-of-transportation","tag-lawsuits","tag-manhattan","tag-manhattan-federal-court","tag-manhattan-headlines","tag-manhattan-news","tag-mta","tag-new-jersey","tag-new-york","tag-new-york-city","tag-nyc","tag-opinion","tag-sean-duffy","tag-tolls"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/169134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=169134"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/169134\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/169135"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=169134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=169134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=169134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}