NY Vs. NJ: Battle to Withdraw from the Waterfront Commission

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UPDATE 3/24/2022 - 

Statement from Governor Murphy on U.S. Supreme Court’s Decision to Block New Jersey’s Withdrawal from the Waterfront Commission

"While we are disappointed by the U.S. Supreme Court’s decision to grant New York preliminary relief blocking New Jersey’s withdrawal from the Waterfront Commission, we are optimistic that when this case is fully litigated, New Jersey’s ability to withdraw from the Commission will be vindicated.

I am grateful to the Office of the Attorney General for over four years of hard work defending New Jersey in this matter and to the New Jersey State Police for being ready to assume jurisdiction over the port on March 28, had the Court ruled the other way. I will not give up the fight to protect New Jersey’s interests, which are poorly served by a commission that operates without transparency and has long outlived its usefulness, and I thank my partners in the Legislature, labor, and industry for continuing this fight alongside us.”


New Jersey recently filed an opposition in the Supreme Court to New York’s request for a preliminary injunction. Under NJ State law, New Jersey will withdraw from the Waterfront Commission Compact on March 28, 2022.

The Waterfront Commission Compact was created by NY and NJ in 1953 to combat crime and regulate employment at the Port of NY and NJ. Over the ensuing years, NJ has taken on an increasingly prominent role, with well over 90% of the economic activity at the Port now occurring on the New Jersey side.

In January 2018, then-governor Christie signed legislation with bipartisan support withdrawing NJ from the compact. In December 2021, NJs new law and exit from the compact was allowed to enter into effect. As required by law, NJ then notified New York, Congress, and the Commission on December 27, 2021, that New Jersey would officially withdraw from the Compact 90 days later – on March 28, 2022. On that date, New Jersey State Police will assume responsibility for the port.

“Our withdrawal is long overdue,” said Governor Murphy. “The Compact made sense in 1953. It makes no sense now. The Commission has long outlived its usefulness, and my Administration remains committed to extricating New Jersey from the Compact and allowing the New Jersey State Police, one of the nation’s preeminent law enforcement agencies, to bring the oversight of the Port into the 21st century.”

NJ State Police will continue the mission to combat criminal activities and efficiently regulate employment practices at the port.

Despite knowing for more than four years that New Jersey intended to withdraw from the Commission, New York has waited until the “eleventh hour” to sue New Jersey in the U.S. Supreme Court. The lawsuit was filed just two weeks before New Jersey is scheduled to withdraw from the Commission.

“The U.S. Supreme Court should reject New York’s last-minute effort to keep New Jersey in the Waterfront Commission,” said Acting Attorney General Matthew J. Platkin. “New Jersey followed the law when it decided to withdraw from the Waterfront Commission. And consistent with our statute, the State Police, the best in the nation, has spent months preparing to undertake oversight at the port, including to protect public safety and safeguard the port.”

The last-minute lawsuit comes after the NJ State Police have spent many months preparing for a seamless transition of responsibilities from the Commission to State Police on March 28.

“With our vast array of resources, the New Jersey State Police is well prepared to take on the duties and responsibilities of the Waterfront Commission." said Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police. "We stand committed to working with our partners to ensure a smooth transition and look forward to this new challenge."

New Jersey’s legal brief, filed with the Supreme Court by Acting Attorney General Platkin last night (3/21/2022), argues that New York is not entitled to an injunction. The brief further emphasizes that New York waited far too long (over four years) to object to New Jersey’s withdrawal from the Compact and that the Court should reject New York’s last-minute suit.

The brief filed by Platkin also states that there is nothing in the Compact’s “text, structure, or history” that limits New Jersey’s ability to withdraw from the Compact and reclaim its sovereign police powers within its borders.

“It’s past time to move beyond a commission that has outlived its purpose,” said Senate President Nicholas Scutari. “The transition is needed for an industry that supports thousands of jobs and generates billions of dollars as a key part of New Jersey’s economy.”

“The bistate commission has done the job for almost 70 years, but it is a different world now and the commission has outlived its usefulness,” said Senate Republican Leader Steven Oroho. “New Jersey has a robust plan in place that entrusts the State Police to serve in the watchdog role, providing the same level of security, and allowing a more efficient flow of cargo through the port.”

"After years of litigation and bi-partisan legislative and gubernatorial support for New Jersey's decision to withdraw from the Waterfront Commission, it's time to move on,” said Assembly Speaker Craig Coughlin. “Standing shoulder to shoulder with Governor Murphy, I hope the US Supreme Court will affirm our state’s decision."

“The commission over-regulated business to justify its existence. It cost New Jerseyans too much, made it too difficult to hire new workers, hurt our state’s economic interests and long outlived its purpose,” said Assembly Republican Leader John DiMaio. “Withdrawing from the commission is an important step forward in the secure and prosperous future for our ports.”

“The New York Shipping Association strongly supports modernizing port oversite by moving it under the New Jersey State Police for activities in the State of New Jersey. Ninety percent of the activity in the port takes place in New Jersey,” said New York Shipping Association President John Nardi. “The State Police are a professional well-respected organization with the resources, know-how and relationships to finally modernize the oversite of the port’s workforce and businesses.”

“New Jersey got it right and New York is wrong,” said International Longshoreman’s Association President Harold Daggett. “The ILA and most every stakeholder in the industry applauded New Jersey Gov. Phil Murphy and New Jersey Lawmakers who sought to replace the Waterfront Commission with the more professional, well-funded, New Jersey State Police and take over the duties of longshore background checks.”



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