All rights reserved (About Us). 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. The commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. 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. 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 filed suit in 2018 shortly after Gov. [The states] would understand that when you do a compact, and you dont say anything express about termination, that you are sticking together until you jointly decide to end it, she said in response to questioning by Chief Justice John Roberts. New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. Phil Murphy at Port Newark in December. New Jersey Gov. 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 commission which includes one member from each state appointed by its governor has wide jurisdiction over the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. 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. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. Others, though, say an even higher stakes battle might be at hand. At another point, however, Roberts distinguished the Port Authority from the Waterfront Commission, which he called a "very important but relatively small enterprise dealing with a particular problem. Roberts suggested to Judith Vale, who was arguing on behalf of New York, that it would be not that disruptive for New Jersey to withdraw. Ted Sherman | NJ Advance Media for NJ.com. The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. Gov. WebWaterfront Commission of New York Harbor (WCNYH) News. 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 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 Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. New York has yet to take a position in the matter. 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. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. The U.S. Supreme Court in November decided it would not hear the case. 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. The closely watched case could carry broad implications, not just in the control of the sprawling waterfront that stretches from Brooklyn to Elizabeth, but in the possible impact on other agencies established through similar compacts between states, say some legal experts. 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. WebThe Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. 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. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. New Jersey attempted to withdraw from the pact in 2018.[1]. Waterfront Commission of New York Harbor (WCNYH) News. [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. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. Attorneys from the U.S. Justice Department have sided with New Jersey in a dispute with New York over the future of the controversial Waterfront Commission, which monitors hiring and criminal activity at the ports, according to a brief filed with the U.S. Supreme Court this week. Its responsibilities include certifying that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade a power that gives the agency full discretion over who may work on the piers. 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. The Waterfront Commission of New York Harbor was created to address of racketeering and unfair hiring practices at the jointly-run Port of New York and New Paulin said the same logic New Jersey is using to try to wipe away the Waterfront Commission could be used to make things happen that New Jersey might not like for instance, New Yorks unliteral exit from the Port Authority of New York and New Jersey. Jackson and other justices seemed skeptical of New Yorks argument in the case. The WCNYH has its own police division (a.k.a. YouTubes privacy policy is available here and YouTubes terms of service is available here. 2023 Advance Local Media LLC. New Jersey argues that was a long time ago and that the agency has now outlived it useful life. YouTubes privacy policy is available here and YouTubes terms of service is available here. Isnt that an extraordinary thing? he asked. Kathy Hochul that New Jersey cannot simply decide on its own to end a nearly 70-year-old compact that led to the joint formation by the two states of the Waterfront Commission in 1953. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. Cookie Settings/Do Not Sell My Personal Information. The agencys two commissioners and executive staff members were swept out and new leadership has since been installed. 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.. In 1953, the states entered a compact to create a unique agency, the Waterfront Commission of New York Harbor, with the express goal of stamping out organised crime at the port. The state says the commission has become an impediment to economic growth.. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. We look forward to an orderly transition from the Commission to the New Jersey State Police.. It certifies that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade. Solicitor General, as well some states including Texas, have since sided with New Jersey. By the 1970s, only about 8.4-percent of all exports and imports were coming through New York due to transformations in the global economy and trade. Follow him on Twitter @TedShermanSL. Local journalism needs your support. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. 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 Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. 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. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. New Jersey set in motion its intent to end its agreement with New York after legislators amid political pressure from the New York Shipping Association and the International Longshoremans Association voted in 2018 to withdraw from the commission. Gov. New Jersey argued that its state police force could take over the commission's work of vetting and licensing union labor. 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. The justices only ruled on whether it would hear the commissions arguments to strike down the action by the governor and the Legislature in New Jersey. To put the workforce into context, about 40,000 to 50,000 workers were showing up at the docks in 1953 and about 8,000 registered workers were showing up by 1980, according to Catapano. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. 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. Justice Elena Kagan reiterated that point. Vale responded that commerce from the joint ports of New York Harbor remained a huge driver of the states economy and that New York itself still has sovereign interests in the marine terminals operated by the Port Authority of New York and New Jersey located in New Jersey. New York sued New Jersey in March over its withdrawal efforts, arguing that the two states would have to agree to the commission's disbanding, and said the work of the commission is not over, with organized crime still seeking to "exert influence" over port operations. The Waterfront Commission was established in 1953 after being passed by both state legislatures of New York and New Jersey and Congress as well as being signed into law by then-President Dwight D. Eisenhower. Ted Sherman may be reached at tsherman@njadvancemedia.com. Community Rules apply to all content you upload or otherwise submit to this site. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission 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.. Acting Solicitor General Brian H. Fletcher, whose office argues the governments position for the Justice Department in cases before the Supreme Court, acknowledged in his brief last month that New York could still sue New Jersey state officials in federal court over the Waterfront Commission and seek an injunction. WCNYH Background Information Questionnaire. In 2018, then-New Jersey Gov. a lower court ruling that sided with New Jerseys argument. 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. [2] The commission was initially created to combat unfair hiring practices on the waterfront in response to the growing number of crimes being committed there. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. The commission, which was created by New York and New Jersey in response to the deep-rooted corruption once prevalent on the docks, has jurisdiction over all the regions piers and terminals. 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. Its staff of 75 includes police officers, auditors, investigators, and lawyers. VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. June 24, 2019. 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. INTERNAL POSITIONS ONLY. Download. 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