New York City Comptroller Brad Lander and a coalition of lawyers, plaintiffs and advocates on Thursday launched two new lawsuits challenging Governor Kathy Hochul’s indefinite pause of New York City’s congestion pricing plan three weeks before its implementation date.
The first lawsuit, City Club of New York et al v. Hochul, led by the civil rights firm Emery Celli Abady Brinckerhoff Ward & Maazel LLP, challenges Hochul’s authority to single-handedly block implementation of the 2019 MTA Reform and Traffic Mobility Act, commonly known as congestion pricing, according to a news release.
The second lawsuit, Riders Alliance v. Hochul, led by the environmental litigation nonprofit Earthjustice, challenges Hochul’s decision on the basis of New York State’s Climate Leadership and Community Protection Act, which requires New York to reduce economy-wide greenhouse gas emissions 40% by 2030, and requires state officials to act in a manner consistent with mandated targets. This lawsuit also alleges that the governor’s decision violates the state constitutional right to clean air and a healthy environment that was added to the state constitution in 2021, the press release said.
The suits argue that the governor’s failure to enact congestion pricing violates both laws, and the success of either will result in the implementation of New York City’s congestion pricing plan, the press release said.
“When Governor Hochul halted congestion pricing last month, she singlehandedly deprived millions of subway and bus riders of $15 billion worth of transit improvements like more frequent trains, new subway lines, faster buses and greater accessibility — and she also violated two state laws and the state constitution,” said Lander. “If her action is not reversed, hard-working New Yorkers on their way home after a long day, will experience increasing service cuts, gridlock, air quality alerts, and inaccessible stations. Thanks to these two lawsuits being brought by Riders Alliance, Sierra Club, the City Club, New York City Environmental Justice Alliance, and our broader coalition, New Yorkers have a fighting chance at the world-class public transit, reduced traffic, and better air quality we all deserve.”
New York City’s congestion pricing plan was set to begin on June 30 and funnel an estimated $1 billion to the MTA annually for various transit projects.
“New York City’s congestion pricing plan will make our air cleaner, our streets safer, and our transit more accessible,” said Brooklyn Borough President Antonio Reynoso. “Delaying the congestion pricing plan not only delays these essential public health and safety benefits – it leaves an unconscionable hole in the MTA capital budget that will put at risk everything from essential accessibility upgrades for our transit system to transformative projects like the Interborough Express."
