Q&A
Mastro's involvement in New Jersey's congestion pricing case
0:42:37
·
170 sec
Council Member Powers inquires about other areas where Mastro might need to recuse himself, leading to a detailed discussion of the congestion pricing litigation. Mastro explains his involvement and stance on recusal in this and related cases.
- Mastro confirms he would recuse himself from congestion pricing litigation involving the city
- He explains that his current case is on behalf of New Jersey, challenging environmental review adequacy
- Mastro emphasizes the pro-environment nature of the case and its focus on protecting environmental justice communities
- He states he would recuse himself from other congestion pricing cases, even if the city is not directly involved
Keith Powers
0:42:37
Okay.
0:42:38
I appreciate that.
0:42:40
Couple of just to go through this, we've talked about congestion pricing.
0:42:43
It sounds like some of the cases around real stabilization, local and 97 are there areas right now where you feel you and if you didn't make a recusal based on your current practice?
Randy Mastro
0:42:54
Well, we we did talk about some of those cases on congestion pricing.
0:42:59
I would recuse myself in the litigations in which the city is involved, but to be clear, so the council understands.
0:43:05
That is a litigation on behalf of the governor of New Jersey and the state of New Jersey that is an environmental challenge.
0:43:13
The city is not a party to that litigation.
0:43:15
It's an environmental challenge to the work done by the Federal Highway Administration And the MTA.
0:43:21
It's actually a proenvironment case.
0:43:24
It's about the inadequacy of the environmental review that was done by that federal agency and the MTA that didn't protect, that didn't adequately consider, didn't mitigate the adverse effects of congestion pricing on environmental justice communities in New Jersey, in Bayonne, in Newark, in East Orange, in all of Bergen County.
0:43:47
There was no mitigation in that original plan for the adverse environmental impacts on those environmental justice communities, and that's what we challenge.
0:43:57
It doesn't seek to Stop congestion pricing from ever happening.
0:44:02
It's to say, and I've done this in a number of cases.
0:44:06
Hold government accountable to do it right, to do full environmental reviews, and protect environmental justice communities.
0:44:13
And when you do it right, it will go forward.
0:44:15
Governor Murphy has said he supports the general concept, but but I would still recuse myself in any of the other cases.
0:44:22
I know Staten Island has a case, and others have cases.
0:44:26
Whether the city is involved, I would recuse myself from those cases anyway.
Keith Powers
0:44:31
I I would contest that the legal argument being made by the state of New Jersey is is motivated by their intention not to be in support of a digestion price.
0:44:38
So whether they whether it is about the EIS or the
Randy Mastro
0:44:41
I can't speak the governor's motivation.
0:44:42
I can I can speak to I as a lawyer, the principled positions and arguments that I've made, and it's about protecting environmental justice communities and making sure they get mitigation for the obvious adverse environmental impacts that will occur?
0:44:57
From the rerouting of traffic.
Keith Powers
0:44:59
Just just go back to the question asked.
0:45:01
What are oh, there are other areas where as Corporation Council, at least in the short term, you would need, like, areas of practice where you might or or specific areas where you might being required to accuse herself beyond the ones that we had mentioned.
Randy Mastro
0:45:17
I'm not sure I would have to review the cases and whether they're still ongoing, but I did name 4 cases in the last decade, and any of those, I would recused myself even if the city wasn't directly involved.
Keith Powers
0:45:28
And and I know that those are big cases, and I might make the argument that we want a corporation counsel who can be fully working on investing those issues as you know it's your lawyer does matter.