Summary: The State of New Jersey has filed a lawsuit against the United States Department of Transportation (USDOT), the Federal Highway Administration (FHWA), Shailen Bhatt (Administrator of the FHWA), and Richard J. Marquis (Division Administrator of the New York Division of the FHWA). The lawsuit challenges the FHWA's approval of New York's Central Business District Tolling Program, also known as the congestion pricing scheme, without conducting a comprehensive environmental review as required by the National Environmental Policy Act (NEPA). The State of New Jersey argues that the FHWA's decision disregarded the significant environmental impacts that the congestion pricing scheme will have on New Jersey, including increased air pollutants and adverse health effects. The lawsuit also highlights the financial burden placed on New Jersey residents and the state's transportation system as a result of the congestion pricing scheme. The State of New Jersey seeks to have the FHWA's decision overturned and a full environmental impact statement conducted. The lawsuit alleges that the FHWA's decision to fast-track the environmental process and bypass a full EIS is inconsistent with NEPA's requirements. New Jersey argues that the proposed action will divert hundreds of thousands of vehicles from affluent parts of Manhattan to other neighborhoods in New York City and New Jersey, including disadvantaged communities. The state claims that meaningful consultation with the public and affected stakeholders, including New Jersey, did not occur during the environmental review process. The lawsuit seeks to challenge the FHWA's approval of the congestion pricing scheme and its failure to adequately consider the environmental impacts on New Jersey. New Jersey is seeking relief, including a declaration that the FHWA's actions violated NEPA and an injunction to prevent the implementation of the congestion pricing scheme. The plaintiffs argue that the scheme will cause significant environmental impacts and that the FHWA failed to adequately address these concerns. They claim that the FHWA ignored the insufficiency of data regarding air quality impacts and concluded that the scheme would have no significant impact on the environment without committing to mitigation efforts. The plaintiffs also argue that the FHWA did not properly consider alternative actions to decrease congestion and failed to consult with New Jersey as required. They further allege that the FHWA's actions violate President Biden's executive orders on environmental justice. The plaintiffs assert that the FHWA's determination that the proposed action does not require a full Environmental Impact Statement (EIS) is arbitrary, capricious, and unlawful. They claim that the FHWA failed to consider and mitigate increased air and noise pollution, ignored adverse impacts on communities with environmental justice concerns, and did not adequately analyze the different tolling scenarios and their environmental impacts. The plaintiffs also argue that the FHWA violated the Clean Air Act by failing to provide a reasonable opportunity for consultation and conduct a transportation conformity analysis. The plaintiffs request the court to issue preliminary and permanent injunctions vacating the FHWA's findings and compelling the completion of a full EIS for the congestion pricing scheme. The State of New Jersey is suing the United States Department of Transportation (USDOT) and the Federal Highway Administration (FHWA). New Jersey is asking the court to issue preliminary and permanent injunctions vacating and setting aside the Defendants' Finding of No Significant Impact (FONSI) and Final Environmental Assessment (EA) for the Manhattan Central Business District (CBD) congestion pricing scheme. New Jersey argues that the Defendants' failure to prepare a full Environmental Impact Statement (EIS) for the congestion pricing scheme violates the National Environmental Policy Act (NEPA), its implementing regulations, and the Administrative Procedure Act (APA). New Jersey also claims that the Defendants violated the Clean Air Act (CAA) and the APA by not conducting a proper transportation conformity analysis. The State seeks various declarations that the Defendants' actions are invalid and requests the FHWA to prepare a full EIS and conduct the required transportation conformity analysis. The lawsuit asserts that New Jersey has a significant interest in the congestion pricing scheme due to its proximity to the Manhattan CBD and the impact it will have on New Jersey's transportation system, highways, environment, and residents. The lawsuit argues that the congestion pricing scheme will result in increased traffic and adverse impacts in New Jersey counties, including Bergen, Hudson, Union, and Essex. The lawsuit claims that New Jersey has exhausted all administrative remedies and that the violations of law claimed are ripe for judicial review. The court has jurisdiction over the case based on federal laws, including NEPA, the APA, and the CAA. The lawsuit is filed in the District of New Jersey, which is deemed appropriate due to the substantial events and omissions occurring in New Jersey. The parties involved are the State of New Jersey as the plaintiff and the USDOT and FHWA as the defendants. This lawsuit involves a challenge to a congestion pricing scheme authorized by the Federal Highway Administration (FHWA) under the Value Pricing Pilot Program (VPPP). The FHWA is responsible for ensuring compliance with federal environmental statutes, including the National Environmental Policy Act (NEPA). The lawsuit names Shailen Bhatt, the Administrator of the FHWA, and Richard J. Marquis, the Division Administrator for the New York Division of the FHWA, as defendants. The lawsuit argues that the FHWA was required to perform a NEPA review for the congestion pricing scheme and issue either an EIS or a Finding of No Significant Impact (FONSI). It alleges that the FHWA issued a Final EA and FONSI for the scheme without conducting a proper NEPA review. The plaintiffs contend that the FHWA's actions violated NEPA and seek to have the Final EA and FONSI set aside.