Fort Lee mayor sues over congestion tolls NJ residents seek full environmental review, NYS-funded pollution monitoring

by Michael Gannon Senior News Editor

The mayor of Fort Lee, NJ, and a group of Garden State residents suffering from respiratory ailments have filed a lawsuit in federal court to stop implementation of congestion pricing for the Manhattan central business district unless a full environmental study is conducted to identify possible impacts of the plan on New Jersey residents.

Mayor Mark Sokolich is filing in his capacity as both a public official and resident. Richard Galler is filing as a resident and as an asthma patient.

The suit alleges that federal officials and some based in New York State approved both the process and environmental studies “without adequately considering the consequences of the program on New Jersey ...

“This matter is ripe for judicial review as the Defendants are actively deciding on the specifics of the CBD Tolling Zone, costs and other terms and conditions which will have a direct impact on New Jersey residents in less than a year.”

The lawsuit can be viewed online at bit. ly/47ieiCg.

Sokolich and Galler are asking the court to grant them class-action status representing New Jersey residents who will face increased traffic, pollution and financial costs if the plan goes into effect this coming spring.

Galler also is requesting that class-action status be granted to those in the Fort Lee region who suffer from respiratory ailments.

In addition to a New Jersey-inclusive environmental study, the suit is calling on New York State to fund pollution monitoring, as it is promising to do in areas of the Bronx that are likely to bear the brunt of the relocated traffic and pollution.

Under the congestion pricing proposal, vehicles will be charged tolls for entering Manhattan at or below 60th Street. Yet-tobe-determined fees could be between $9 and $23 per automobile, with trucks paying more.

Federal authorities have mandated overnight discounts and reductions for incomeeligible residents of the CBD.

The stated aims are to reduce the amount of traffic and automobile pollution in Midtown and Downtown Manhattan; and to raise a minimum of $1 billion per year in order to finance $15 billion in borrowing for the MTA’s capital fund.

The 19-page complaint, filed in U.S. District Court in New Jersey on Nov. 2, names nine individuals and agencies as defendants, including the U.S. Department of Transportation and the Federal Highway Administration, both of which approved environmental studies that did not include a complete environmental impact statement.

It also includes the Metropolitan Transportation Authority, its chairman and CEO, Janno Lieber, the Traffic Mobility Review Board, which will set tolling rates and regulations, its chairman, Carl Weisbrod, and the Triborough Bridge and Tunnel Authority.

The most incendiary allegations regarding potential pollution start on page 13.

“46. In March 2023, the MTA reportedly submitted a secret memo to the FHWA indicating it would commit to spending $130 million towards mitigation measures for New York communities with environmental justice concerns, almost all coming from congestion pricing measures. None of the measures addressed potential harms to New Jersey as a result of the congestion pricing scheme. Moreover, because this memo was not made public New Jersey and other interested stakeholders had no ability to comment.

“47. In early May 2023, the FHWA published its Final [environmental assessment]. Although several mitigation measures were added none addressed issues identified by New Jersey.

Resorts World job fair, Nov. 17

State Sen. Joe Addabbo Jr. (D-Woodhaven) is hosting his annual large-scale, free job fair at Resorts World Casino, located at 110-00 Rockaway Blvd., on Nov. 17, from 10 a.m. to 1 p.m. The event is co-sponsored by the Queens Chamber of Commerce. All are welcome to attend.

Companies, organizations, recruiters and agencies across the tri-state area are invited to participate. Each registered company will be provided with an assigned table and chairs.

Job seekers are recommended to dress in business attire, with resume copies on hand for distribution. Resorts World will provide free parking to job seekers in the lot across from the casino entrance.

“Helping individuals find work is one of the most important services I can provide as an elected official,” Addabbo said. “ ... Over the years, many constituents have returned to my office to let me know that they were successful in finding a job at my job fair, and there is no better feeling than that.”

For more information, call Addabbo’s office at (718) 738-1111. Q

— Kristen Guglielmo

“48. Although the [Finding of No Significant Impact] was issued, the MTA had indicated that “Certain environmental justice communities will benefit from decreased traffic: some communities that are already overburdened by pre-existing air pollution and chronic disease could see an adverse effect as a result of increased traffic.”

Among the areas mentioned which are in New Jersey are Orange, East Orange, Newark and Fort Lee.

“49. The Plan Sponsors have indicated that they will fund a neighborhood asthma center in the Bronx, and monitor ... to determine whether changes in air pollution are occurring in New York, expand clean trucks program and off-hours delivery program, replace diesel burning trucks and coordinate to expand electric truck charging infrastructure, as well as install or upgrade air filtration in New York school, no such promise has been made to alleviate the suffering in New Jersey that will result from instituting the CBP.

“50. Additionally, the FONSI acknowledged that truck traffic on 1-95 in Bergen County will increase by up to 1,000 trucks and cost will increase for all drivers in New Jersey under each of the seven scenarios under consideration.”

In a statement from the MTA, Chief of Policy and External Relations John J. McCarthy was unimpressed.

“It’s Gottheimer Groundhog Day and — shocker — he wants to send more traffic and more pollution to New York,” McCarthy said. “News flash: Manhattan is already full of vehicles, and we don’t need more carbon emissions. So congestion pricing needs to move forward for less traffic, safer streets, cleaner air and huge improvements to mass transit.”

McCarthy’s reference was to U.S. Rep. Josh Gottheimer (R-NJ). He and Rep. Nicole Malliotakis (R-Staten Island, Brooklyn) have filed a bill calling for a full audit of the MTA’s books as part of their opposition to the congestion pricing proposal. Q

Crash kills motorcyclist in HB

A 29-year-old man is dead after a car crash in Howard Beach, according to police.

On Nov. 6, at approximately 1:23 a.m., police responded to a crash between a motorcycle and an SUV at the intersection of Cross Bay Boulevard and 165th Avenue, the NYPD said.

A preliminary investigation by the NYPD Highway District’s Collision Investigation Squad determined that vehicle No. 1, a 2020 BMW X3, operated by a 24-year male, was traveling northbound on Cross Bay and made an illegal U-turn from the left turn bay at the intersection of 165th Avenue, ignoring a no U-turn sign when it was struck on the passenger side by vehicle No. 2, a 2004 Honda CBR 1000 motorcycle, operated by 29-year-old Raiquel Tapia-Villar of Arverne.

Police said the motorcycle was traveling southbound on Cross Bay at an apparent high speed before it struck vehicle No. 1. Tapia-Villar was transported by EMS to Jamaica Hospital Medical center, where he was pronounced deceased. Vehicle No. 1’s driver remained on the scene and was uninjured, authorities said. The investigation remains ongoing. Q

— Kristen Guglielmo