RELEASE: Gottheimer Fights NY Congestion Tax Which Will Be a New Lung Tax on NJ Families and Children

Federal Judge Agrees, NY Must Protect NJ Families Promises Legislation to Combat Lung Tax, Continues to Fight Jersey Style

Jan 02, 2025
Press

Above: Gottheimer fights New York’s Congestion Tax.

FORT LEE, NJ — Today, Thursday, January 2, U.S. Congressman Josh Gottheimer (NJ-05) and local leaders rallied after a federal judge ruled that New York failed to protect New Jersey residents from the disastrous health impacts of their Congestion Tax. The MTA’s Congestion Tax will be a new Lung Tax on Jersey families and children. 

A recording of the announcement can be found here.

Serious Health Impacts of the Congestion Tax

  • The MTA’s own reports show their Congestion Tax would change traffic patterns, forcing more trucks — and with them, more cancer-causing pollution — onto the GW Bridge and surrounding areas.
    • This will mean more noxious pollutants like carbon monoxide and nitrogen oxide, and carcinogens like formaldehyde, would plume into the lungs of Northern New Jersey 
  • Earlier this week, a federal judge agreed that the MTA and the Federal Highway Administration “…fail[ed] to provide a rational connection between the general mitigation commitments outlined and the specific resolution of any and all significant impacts that may result from the Program, whether those impacts are in New York or New Jersey.”
  • Furthermore, the judge said that “the lack of specificity as to mitigation for some of these communities warrants further explanation, and if appropriate, reconsideration.”
  • The MTA set aside $125 million for the Bronx, for air filtration units near schools and an asthma treatment program, but nothing for New Jersey

MTA Mismanagement

  • In 2023, the MTA lost $700 million on fare skippers, and spent tens of millions on a new intercom system that doesn’t work.
    • $700,000 on gates that fail to stop skippers.
  • $1 billion to expand the 2nd Ave subway stations twice as large as experts say is needed.
  • $5 million on workers to look for fires at the bus depot because the sprinklers don’t work.

“New York’s plan to fix congestion is to give more of it to children in Jersey, by sending more smog into our homes and neighborhoods. This new Lung Tax will cost Jersey children and families more money to breathe worse air, punishing our lungs and wallets at the same time,” said Congressman Josh Gottheimer (NJ-5).“Whether it’s today, tomorrow, through the incoming administration, or new legislation I plan to introduce in Washington, let me be clear to New York — we stopped your Congestion Tax once, and we’ll stop it again.”

Gottheimer was joined by New Jersey Assemblymembers Lisa Swain, Shama Haider, and Gary Schaer, Bergen County Commissioner Tom Sullivan, Port Authority Lieutenants Benevolent Association Frank Conti, Port Authority Sergeant Benevolent Association Al Faraday, Bergen County Central Trades and Labor Council Mike Schneider, New Jersey Chamber of Commerce Tom Bracken, And Meadowlands Chamber of Commerce Jim Kirkos and Ron Simoncini.

Below: Gottheimer stands with local leaders to fight Congestion Tax.

Gottheimer’s full remarks as prepared for delivery can be found below:

Good morning and Happy New Year. Before I begin, I just want to take a moment and recognize the heartbreaking New Year’s attack in New Orleans. We join the families in grieving for the fifteen men and women who were killed and are praying for the scores who were injured. 

I want to thank all of the first responders for their courage and quick action in the face of this crisis. This attack hits close to home for so many of us, with memories of the ISIS-inspired terror truck attack in New York on Halloween in 2017 on the West Side Highway. A terrorist attacked and killed eight, including an incredible young man — Darren Drake, from New Milford, just a few miles from here. Now, it appears another homegrown terrorist struck with a rented terror truck. 

After that attack in 2017, working closely with Darren’s parents, we got the Darren Drake Act signed into law. It was an important addition to our arsenal to eradicate threats of homegrown terrorists using rental cars. Clearly, we need to do even more to stop homegrown terrorists from using terror trucks, and I plan to work on that in the new Congress. 

Now, I’d like to talk about what brings us here today. It’s a New Year, and yet New York is up to their same old Congestion Tax strategy — doing everything they can to find cash to address the shocking mismanagement at the MTA, even if it puts the health of our children and families at risk here in Northern New Jersey.

This is an issue those of us standing here have been raising for years now. The MTA admitted in their own reports that their Congestion Tax would change traffic patterns, forcing more trucks — and with them, more cancer-causing pollution — here at the GW Bridge. 

Yet, despite this admission, despite the fact that more noxious pollutants like carbon monoxide and nitrogen oxide, and carcinogens like formaldehyde, would plume into the lungs of Northern New Jersey, New York proposed not a single a solution or a single penny to address the health and environmental impacts on our Northern New Jersey Communities, including here in Fort Lee.

And that’s exactly what the Judge last week flagged in his ruling. He said that New York hadn’t offered any solutions to mitigate the environmental and health damages here in Northern New Jersey.

Specifically, the Judge wrote in his opinion that the MTA, and I quote, “…fail[ed] to provide a rational connection between the general mitigation commitments outlined and the specific resolution of any and all significant impacts that may result from the Program, whether those impacts are in New York or New Jersey.” Furthermore, the judge said, and here’s the headline today that the MTA is just ignoring in their decision to charge ahead — and I quote — “the lack of specificity as to mitigation for some of these communities warrants further explanation, and if appropriate, reconsideration.” That’s the key line. Further explanation. Reconsideration.

In other words, New York, what’s your plan to help protect the families here in Fort Lee and Northern New Jersey from all the cancer-causing pollution that the trucks and cars backed up here will give off? So far, all New York keeps saying is, don’t worry, we’ll get to it. Well, you tell that to the children here who will suffer from increased cases of asthma or cancer from these increased pollutants. 

Even if fewer cars and trucks will go south of 60th — which may help some fancy folks living in Lower Manhattan — many of those large trucks and cars end up right here, avoiding the $9 dollars a day the MTA plans to charge hard-working families to go into New York for work, or a doctor’s appointment, or to see family. New York’s plan to fix congestion — is to give more of it to children in Jersey, by sending more smog into our homes and neighborhoods.

I mean, I’m not going to get into the insanity today of how the Congestion Tax will crush the wallets of hardworking nurses, electricians, police, teachers, and firefighters who are just trying to get to work and feed their families. 

That’s more than $2,300 a year now with E-ZPass, and New York has already pre-approved fare increases every year until they get to $15 a day – or nearly $4,000 per year. And, as you know, that’s not including the more than $18 a day to go over the GW Bridge or through the tunnels — or what it costs to park.

Put another way – New York is charging us to increase pollution in our air. This new Lung Tax will cost Jersey children and families more money to breathe worse air, punishing our lungs and wallets at the same time.

Mind you, the MTA knows their Congestion Tax will punish the lungs of children and families with massive new pollution – they’ve already set aside $125 million for the Bronx, for air filtration units near schools and an asthma treatment program. But for Jersey, as the Judge pointed out, they’ve done nothing – no money, no plans, nothing.

I hate to burst New York’s bubble, but they can’t rush this one – addressing the impact of the Congestion Tax on Jersey will take time, actual studies, and real plans. To the MTA, I get it. This is tough stuff. And so far, when it comes to fixing problems, you keep failing. According to a recent report, half of all MTA bus riders don’t pay to ride. In 2023, the MTA lost $700 million on fare skippers; they spent tens of millions on a new intercom system that doesn’t work. They wasted $1 billion to expand the 2nd Ave subway stations and made them twice as large as experts say they needed to. And the federal government gives the MTA billions of dollars a year – and they blow it all. 

But, in this case, with the health of our families and the environment on the line, the MTA can’t just sweep it under the rug. The Judge clearly said New York has no plan. The MTA must go back to the drawing board and offer specific plans to mitigate environmental effects on New Jersey. They can’t just flip the bird to a federal judge — and drive ahead without providing a detailed, specific answer. They can’t just look to Jersey to pay for their mess. Whether it’s today, tomorrow, through the incoming administration, or new legislation — I plan to introduce in Washington, let me be clear to New York — we stopped your Congestion Tax once, and we’ll stop it again. 

Governor Hochul has flip-flopped more than once here, including recently backing off the surge pricing proposal. And, there are many Democrats and Republicans in New York’s federal, state, and local delegations opposed to the Congestion Tax — for their families, small businesses, Uber drivers, and restaurant workers. So, New York, this is your chance to get back to the cooperative, regional relationship we’ve had for more than a century through the Port Authority. 

Here, in the greatest country in the world, we’re always better when we work together. But, New York, if you don’t, we’ll keep bringing the Jersey fight to protect the health of our families, and the environment, and make life more affordable for hardworking folks. We will never stop fighting for our Jersey Values and Jersey families.

I know that as long as we do that, our best days will always be ahead of us.

Thank you, and may God bless you and may God continue to bless the United States of America.

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