Cargo ships docked in Port Newark.Ted Sherman | NJ Advance Media for NJ.com, A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices on the U.S. Supreme Court on Wednesday, with at least one skeptical justice suggesting that forcing the state to stay would be an extraordinary thing.. The Waterfront Commission declined comment on Monday. In essence they New Jersey Attorney General Matt Platkin and New York Solicitor General Barbara Underwood were in the courtroom, though New York Attorney General Letitia James was not. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission was no longer necessary to police the ports and instead the New Jersey state police could take over that work, particularly with 80% of port activity taking place in New Jersey. The Waterfront Commission declined comment on Monday. On Monday, the nations high court declined to hear an appeal of a lower court ruling that sided with New Jerseys argument that the commission didnt have standing to sue the state. Wednesday's court appearance came less than a year after New York sued New Jersey over its attempt to exit the commission, a process that began in 2018 when the New Jersey Legislature approved the withdrawal. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the Our journalism needs your support. Washington, D.C. U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Judith Vale, New York's deputy solicitor general, tried to convince the court that New Jersey's departure from the 70-year-old commission would "upset and destabilize" the region. WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. Austin Raynor, assistant to the solicitor general for the U.S. Department of Justice, took questions from the court about department's defense of New Jersey. [19], Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from pact. But New Jersey argued, among other things, that "mere silence as to withdrawal gives one State no basis to hold another hostage to a compact forever." But each state, she added, had agreed to give up an element of their sovereign powers in return for the benefits of shared regulation of the waterfront. Follow him on Twitter @TedShermanSL. That case has been winding through courts ever since and the U.S. Supreme Court decision not to hear the case essentially rested on procedural matters about who could sue whom. [10], Officers wear a darkblue NYC-style police uniform, with:[11], It also includes a duty belt with equipment. The Supreme Court seems ready to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat mob influence at their joint port. Phil Murphy has announced that New Jersey will withdraw from the commission in three weeks despite letters from the office of New York Gov. Pretty much everyone agrees the state of New York does have standing to challenge New Jerseys exit. The Port of New York and New Jersey is the largest port complex located on the East Coast of North America. The For unlimited access to her work covering the regions transportation systems and how they affect your commute,please subscribe or activate your digital account today. Jeremy Feigenbaum, the New Jersey solicitor general, argued that the Waterfront Commission has caused "over-regulation of business" and is ill-equipped to oversee modern shipping, which relies largely on containers to send and transfer goods 80% of which land in New Jersey ports, not those in New York. All rights reserved (About Us). Justice Amy Coney Barrett told Vale that it seems very odd that New York wants to hang on to the commission when the majority of the port's business goes through its New Jersey side. A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices It is set up differently from other interstate agreements including the Port Authority of New York and New Jersey, which was created in 1921. Theres this whole sort of structure to deal with political conflicts, [how] to avoid them, and [how to] reach compromises, and that doesnt exist right now at the Waterfront Commission, said Ry Rivard, a reporter who covers energy, the environment, and transportation in New Jersey for POLITICO, during the webinar. In separate letters sent to the U.S. Department of Justice this summer and obtained by POLITICO, the FBI, Department of Labor and U.S. Attorney for the Southern District of New York also all argued the Waterfront Commissions role remains vital. Former New Jersey state Sen. Raymond Lesniak, a Democrat who had been the biggest champion of New Jerseys exit from the bi-state agreement, said the Waterfront Commission isnt needed because it was created to solve a problem that it has largely solved. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. Vale made a last attempt during her rebuttal to convince the justices of the commission's essential role in the region, saying that as recently as 2006 the compact governing the commission was amended by both states to strengthen the organization's work and therefore the two states should work together to determine the commission's future. The WCNYH has its own police division (a.k.a. Subscribe at nj.com/supporter. Industry officials also maintained that the commission overstated the problem of crime on the docks. Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. The state has been in court for nearly four years seeking to pull out of the commission, after New Jersey legislators voted in 2018 to walk away in the wake of increasing political pressure by the industry and the dockworkers union. [12], On August 11, 2009, the New York State Inspector General Joseph Fisch issued a report of his two-year investigation of the Waterfront Commission. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. If New York believes that New Jersey has violated the agreement between the two states, it could seek leave to file an original action against New Jersey in this court, he said. WebWaterfront Commission of New York Harbor - Police News January 4, 2023 News Header: Warehouseman Application Denied Based on Felony Conviction, Fraud, Deceit Phil Murphy reiterated Wednesday that New Jersey would unilaterally leave the bi-state Waterfront Commission of New York Harbor, calling it a completely VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. [18] In May 2015, Governor Chris Christie conditionally vetoed S-2277 (and the corresponding bill A-3506 passed by the New Jersey General Assembly), citing his concerns that the state lacked the authority to withdraw from the compact and arguing that the solution should be to modify the operations of the commission to minimize interference with waterfront operations. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. New Jersey officials, continuing to press forward on a unilateral withdrawal from the watchdog agency that oversees the regions major ports, suggested there could be job offers on the table for those currently working for the bi-state commission. 24/7 coverage of breaking news and live events. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The Waterfront Commission was formed to weed out organized crime and prevent it from infiltrating commerce and work at the ports in New York and New Jersey. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. 2023 Advance Local Media LLC. Some academics and other states have expressed concern in their submitted amicus curiae briefs over whether a Supreme Court ruling could affect other interstate compacts. New Jersey politicians say the commission has outlived its usefulness, and in 2018 then-Gov. Gov. However, Chief Engineer Christos Tsiamis, who has been providing updates to the project almost every month for the past dozen years, diffused all, After advocacy from PS 676 students started three years ago, the new and improved Hamilton Avenue footbridge opened with a ribbon cutting on a rainy day in January. Proponents charged that the agency had over-regulated business in an effort to justify its existence. WebWaterfront Commission of New York Harbor (WCNYH) News. The commission is authorized to deny or revoke the registration or licenses of those who involve themselves in criminal activity. The Police Division operates in Manhattan and Brooklyn and has three offices, two in NY: The Waterfront Commission of New York Harbor cooperates with various state, federal, and local law enforcement authorities in pursuing investigations into waterfront-related crimes. The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. Other justices on the court focused on whether the 70-year-old agreement that created the bi-state agency to fight corruption and mob influence on the regions docks had ever been intended to be permanent. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. Vale also argued that because the states entered into the 1953 agreement to form the commission jointly a bi-state organization created to police the ports, stem the influence of organized crime and vet dockworkers the two sides had to agree on when to end it. WCNYH Background Information Questionnaire. Follow him on Twitter @TedShermanSL. Following release of the report, the large majority of the commission's executive staff were fired, including the New Jersey Commissioner Michael J. Madonna (the New York Commissioner's seat was vacant at the time of the report's release, although the report faulted the actions of the former New York Commissioner, Michael C. Some justices also seemed particularly persuaded by New Jersey's assertion that the commission was always intended to be temporary. The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. | Mark Lennihan/AP Photo. Lesniak was jubilant about the Supreme Courts move and predicted a quick end to the Waterfront Commission, in part because he doesnt think New York has lifted much of a finger to fight yet. One party cant keep the other on the hook forever, Justice Sonia Sotomayor said. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. Please subscribe today to NJ.com. Gov. In light of current geopolitical uncertainty, the termination of the Waterfront Commission would cause immediate and irreparable harm to New York state, from increased crime to higher prices to employment inequities. Chief Justice John Roberts at one point during argument said it seemed to him that after 70 years of the Waterfront Commission's operation it's going to take a long time and hard work to kind of unravel all of this if New Jersey wants to walk away. The Waterfront Commission sued New Jersey over the law but its case was tossed when a federal appeals court ruled in 2021 that only New York could sue to stop the Garden States withdrawal. The Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. Whether a New York-New Jersey mob-busting law enforcement agency should sleep with the fishes was the subject of arguments Wednesday before the U.S. Supreme Court. Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. In arguments before the court, New York Deputy Solicitor General Judith Vale said while there was no expectation that the new commission created to clean up the port would be permanent, she told the justices there was an intention to prohibit unilateral withdrawal by either side. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. The Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. WebThe Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. Ted Sherman may be reached at tsherman@njadvancemedia.com. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. YouTubes privacy policy is available here and YouTubes terms of service is available here. Phil Murphy said he is "thrilled" about the brief and is confident this will bolster the Garden State's case that it can withdraw from the bistate commission without consent from New York, according to a statement released Monday. New York docksparticularly in Red Hook, Brooklyncurrently handle a sliver of the New York Harbor and port trade compared to New Jerseys estimated 80 to 90 percent. Chris Christie signed a law withdrawing from the commission and handing over law enforcement operations on the New Jersey side of the port to the New Jersey State Police. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 2023 www.northjersey.com. The Supreme Court appears willing to let New Jersey unilaterally exit the Waterfront Commission of New York Harbor, a bistate police agency created to crack The State Police, tasked with the role of taking over the enforcement role of the Waterfront Commission of New York Harbor on March 28, has asked some of agencys staff if they want to work for them. While a federal judge struck down the New Jersey law, ruling that the governor and the state Legislature could not abandon the bi-state agreement, the ruling was overturned by he U.S. Court of Appeals for the Third Circuit. Subscribe at nj.com/supporter. The letter included Civil Service classification questionnaires to anyone seeking to transfer onto the New Jersey payroll as employees of the State Police. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its own police force. 2023 www.northjersey.com. Murphy, following the oral arguments, said he was optimistic that New Jersey would prevail in the case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21st century.. The letter said New Jerseys move cannot go unchecked.. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. The New Jersey law takes the money that would have gone to the Waterfront Commission and sets it aside for the State Police to use to regulate the ports. Peter Aseltine. Sponsors charged that the agency had over-regulated business at the port to justify its existence, while engaging in enforcement activities they claimed were hurting the states economic interests. The two states also are joined together through the Port Authority of New York and New Jersey, a far larger agency that serves as a massive economic engine, operates the airports, bridges, tunnels and seaports spanning the metropolitan area. The decision Monday means the high court declined to hear the commissions appeal in a lawsuit arguing that New Jersey could not unilaterally walk away from the federally approved interstate compact that established the agency. Paulins letter to Hochul seems to question the polices readiness by noting the commissions decades of institutional knowledge that cannot be replaced by another agency.. Chris Christie signed a law to pull the state out of the commission. Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. New Jersey Solicitor General Jeremy Feigenbaum, arguing the case for New Jersey in Washington on Wednesday, said there was nothing in the plain text of the compact that prohibited the state from leaving the Waterfront Commission. The state plans to withdraw from the commission and turn over its policing role to the New Jersey State Police. All rights reserved. A host of regulations were ushered in, those with criminal records were barred from serving as union officials, and containerization later gained popularity in the 1960s. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. In the legislative findings that accompanied the law, lawmakers said the commission has over-regulated the businesses at the port in an effort to justify its existence. New Jersey officials have also pointed to corruption at the commission itself over a decade ago, though it has since been restructured. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence. The Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. It agreed with the state and found that the commissions lawsuit impinges on the State of New Jerseys sovereignty., In a final appeal, lawyers for the Waterfront Commission went to the U.S. Supreme Court, arguing that if the decision were to stand, it will signal to states that they can destroy compact commissions they find irksome simply by appropriating the commissions functions for themselves.. Ted Sherman | NJ Advance Media for NJ.com, did not have the authority to file a petition, ruling that the governor and the state Legislature. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its But during Wednesday's arguments, there was little reference made to mafia crime families and whether they would make inroads back to the ports should the Waterfront Commission be dissolved. Yes, he said in an interview, there are still some signs of organized crime around the harbor, but hardly to the extent that it was controlling the waterfront and not to any greater extent than organized crime is involved in any other activity in the state of New Jersey.. filed to the Supreme Court through November, A look inside the negotiations to split federal transit funds, Your California Privacy Rights / Privacy Policy. January 18, 2023. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. How NJ lost $850M to NY:A look inside the negotiations to split federal transit funds. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. Chris Christie signed the bill in his final week in office, though once vetoing it as unconstitutional, and the commission fought the states action through the federal courts. "I am optimistic that New Jersey will prevail in this case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21stcentury," Murphy's statement said. It maintained that New Jersey could not decide for itself that it no longer wanted to honor its obligations under a bilateral compact ratified by Congress. During arguments at the high court both liberal and conservative justices suggested that the Garden State doesn't need New York's consent to withdraw from the Waterfront Commission of New York Harbor. The bi-state agency was founded in 1953 by a Congressional authorized compact between New York and New Jersey "for the purpose of eliminating various evils on the waterfront in the Port of New York Harbor." Ted Sherman may be reached at [emailprotected]. Ted Sherman | NJ Advance Media for NJ.com, unilateral withdrawal from the watchdog agency, has already become a presence in the port areas, pushed back on the states requests for information, ruling that the governor and the state Legislature, cannot simply decide on its own to end a nearly 70-year-old compac, it would no longer pay millions in annual charges. Vale also argued that the bistate nature of the compact was crucial to its function. It asked for details on their current positions and resumes. Isnt that an extraordinary thing? he asked. January 18, 2023. New Jerseys arguments have been bolstered by the U.S. Office of the Solicitor General, which argues the governments position for the federal Justice Department in cases before the Supreme Court and was specifically asked by the court to weigh in on this one. State officials have also not even suggested such a move might be under consideration, despite New Jerseys self-imposed deadline for withdrawal now three weeks away. Protecting the safety of New Yorkers and our vital industries is my top priority, and we cannot afford to lose the Waterfront Commissions unique authority and expertise in combating crime at our port, said New York Governor Kathy Hochul on March 14, 2022, when New York filed legal action in the Supreme Court to block New Jersey from terminating the Waterfront Commission. The U.S. Supreme Court in November decided it would not hear the case. But its enforcement efforts in recent years led to mounting political pressure in Trenton, with the New York Shipping Association and International Longshoremens Association arguing that the commission had long overstepped its authority. Chris Christie signed the bill into law in his final week in office. The effective end of the commission or the beginning of a fight with New York would come after Murphy files a formal notice to exit the commission, which he plans to do. 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