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The state says the commission has become an impediment to economic growth.. After a federal judge struck down the New Jersey law ruling that the governor and the state Legislature could not simply walk away from its agreement with New York the United States Court of Appeals for the Third Circuit reversed the ruling. Chris Christie signed a law to pull the state out of the commission. Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. (Seth Wenig/AP). Over the years, the Waterfront Commission has documented how some union leaders in the ports have raked in hundreds of thousands of dollars in pay each year by submitting weekly reports in which they claim to work more hours than there are in a week. The US Supreme Court seemed likely to say that New Jersey can walk away from an interstate agreement over the objection of its neighbor New York. Following World War II, national attention was primarily drawn towards the existence of organized crime and its influence down at the docks thanks to The New York Suns Macolm Johnson and his 24-article series, Crime on the Waterfront (which was published in 1948, won a Pulitzer Prize for local reporting in 1949, and inspired the film adaptation, On the Waterfront, that was released in 1954). In essence they 2023 Advance Local Media LLC. And unlike in most cities, NYC residents have a unique opportunity to weigh in regularly on their neighborhoods actions and developments, thanks to, After the revelation last month about a provocative letter sent by some Gowanus Superfund Community Advisory Group (CAG) to EPA heads, some thought that the next monthly meeting would be filled with fireworks (see our last issue). If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Isnt that an extraordinary thing? he asked. But New Jersey, in its own filings before the court, argued that the reasons for the commission no longer exist, adding that cargo is now moved in shipping containers, handled by far fewer longshoremen, and that most of the ports operations have shifted to New Jersey. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). The unraveling of the Waterfront Commission will start now, and its duties will be taken over by the (New Jersey) State Police, he said. [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. The Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. The Supreme Court is not trying to get into the goods or bads of the commission, but really the simple legal question of whether New Jersey can unilaterally leave this bi-state compact, said Rivard. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. INTERNAL POSITIONS ONLY. In an interview, Paulin said she doesnt know what Hochul believes yet, but that New Jersey is setting a dangerous precedent by trying to walk away from bi-state agreements simply because it wants to. 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. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. The issue, as it stands, is whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey. New Jersey Gov. The Waterfront Commission was created in response to the significant influence of organized crime at the ports during the 20th century including having power over the International Longshoremen's Association, the union that hires workers at the ports and the prevalence of criminal behavior at the docks, such as cargo theft, gambling and loansharking. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). 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. All rights reserved (About Us). 24/7 coverage of breaking news and live events. Given that shipping activity is largely in its state, New Jersey has tried to leave the Waterfront Commission since 2018, when then-Governor Chris Christie signed a bill (which he previously vetoed in 2015) on his last day of office. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. Justice Ketanji Brown Jackson signaled that she was unconvinced that the 70-year-old agreement between the two states was meant to be binding forever. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets and finances arguing that there can be no takeover without New Yorks consent declined comment. Justice Sonia Sotomayor, a Bronx native, told Vale her argument "doesn't make any sense" and that "once you said the compact did not intend this to be perpetual, I think you ended the game.". Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. YouTubes privacy policy is available here and YouTubes terms of service is available here. The governor has set a March 28 date for the state to take over the enforcement role in the state's ports.NJ Governors Office. Proponents charged that the agency had over-regulated business in an effort to justify its existence. Cookie Settings/Do Not Sell My Personal Information. Thursday, the U.S. Supreme Court temporarily 2023 Advance Local Media LLC. 2023 Advance Local Media LLC. ", The U.S. attorneys who wrote to the court, led by Solicitor General Elizabeth Prelogar, said New York's arguments in court documents are "mistaken" and "internally inconsistent," adding that New Jersey should be able to leave without New York's consent because it enables "each State to exercise its full sovereign authority.". New Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments The U.S. Supreme Court in November decided it would not hear the case. All rights reserved. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. New Jersey, the justices questioned counsel for New York on whether New Jersey could be held to the 1953 Waterfront Commission Compact indefinitely. 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. 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. In light of the complete transformation of the harbor since the 1950s, the New Jersey Legislature determined that there was no longer a continuing need for bi-state regulation of the overwhelmingly New Jersey-centered port activity, and that New Jersey should resume state regulation of its docks, the state Attorney Generals office wrote. 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. 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.. Granting a motion by New York to stop the state from terminating the nearly 70-year-old compact ratified by Congress that created the Waterfront Commission, the high court in a brief written order also declared that the state could not simply walk away from its responsibilities to fund the commission. Vale pushed back, suggesting the commission, which employs about 70 people, makes it harder for corruption and undue influence to succeed.. Officials will not say how many people have been assigned to a job the law enforcement agency has never done. 609-292-4791. So, there has been tension over the past couple of decades about whether the Waterfront Commission should still exist in its current form or whether it should exist at all.. 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 Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and Hochuls counsel has added that the commission remains a major player in the ongoing battle against organized crime and corruption in the ports shared by the two states. The U.S. Supreme Court on Monday handed New Jersey a victory in its effort to abolish the 70-year-old Waterfront Commission, declining to intervene for now After being in limbo for nine months, New York v. New Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments being made beginning February 27, 2023. The Waterfront Commission declined comment on Monday. The governor is pleased with the Supreme Courts decision to reject the Waterfront Commissions appeal, the governors spokesperson Michael Zhadanovsky said in a statement Monday. 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. 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. We look forward to an orderly transition from the Commission to the New Jersey State Police.. Community Rules apply to all content you upload or otherwise submit to this site. 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. For New Jersey, despite Murphys public statements over whether the Waterfront Commission has outlived its time, the issue for the state remained one of a states sovereign power. 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. 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. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and In 2018, then-New Jersey Gov. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. 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. The Waterfront Commission declined comment on Monday. The Waterfront Commission sued to save itself and, after years tied up in court, the case was turned away in 2021 on issues of standing. Elena Kagan, who also grew up in New York, was similarly skeptical of the state's argument as was the court's only member from New Jersey, Justice Samuel Alito. 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. In 2018, on his last day in office, New Jersey Gov. And on Friday, the shipping industry said it would no longer pay millions in annual charges to the commission, pointing to the states position that it would not be able to operate legally without a quorum. The commission immediately went to federal court seeking an injunction against the state and Gov. | Mark Lennihan/AP Photo. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Solicitor General Elizabeth B. Prelogar said while the compact was silent on the matter of whether either state could unilaterally withdraw, she said the agreement was structured and funded in such a way that the continuing cooperation of each state was necessary for the Waterfront Commission to function effectively. 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 Community Rules apply to all content you upload or otherwise submit to this site. 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