Hochul is sued over congestion pricing pause

July 25, 2024

New York City Comptroller Brad Lander and a coalition of local advocacy groups and lawyers filed two lawsuits against Gov. Kathy Hochul, claiming she didn’t have the legal authority to pause the tolling program last month, as reported by Gothamist. The program was originally scheduled to begin on June 30 but was delayed last minute by Hochul.

The first suit, filed by the City Club of New York and two Hell’s Kitchen residents, argues Hochul’s decision to stop the program violates the 2019 state law that first authorized congestion pricing. The law mandates the design, development, building, and operation of the tolling program, according to a press release.

“The indefinite postponement of New York City’s congestion pricing program jeopardizes critical infrastructure projects and threatens the city’s future,” Layla Law-Gisiko, president of the City Club of New York, said. “This decision will directly impact the MTA’s ability to secure funding for essential upgrades, including the modernization of subway signals, the purchase of new buses, and the implementation of vital accessibility improvements across the transit system.”

The second lawsuit, filed by Riders Alliance, the NYC Environmental Justice Alliance, and the Sierra Club, claims Hochul’s decision violates the state’s Climate Leadership and Community Protection Act. This act mandates NY to reduce greenhouse gas emissions by 40 percent by 2030 and requires state officials to actively work toward these targets.

“Subway and bus riders won congestion pricing and we’re not giving up our victory just because Gov. Hochul broke the law,” Betsy Plum, executive director of the Riders Alliance, said. “After years of working closely with the governor and MTA to start the program, her betrayal of public transit left us no choice but to go to court.”

Plum continued: “We’re filing today’s case because congestion pricing will be a win-win-win for all New Yorkers, with better transit, freer flowing traffic and the quality of the air we breathe.”

Lander, who is eyeing a run for mayor, has aided the advocacy groups in organizing the lawsuits, which are the most significant legal challenges since Hochul halted the program on June 5.

Hochul blamed the city’s economic condition for halting the program, but reports say the governor was pushed to delay the program by Rep. Hakeem Jeffries, who is working to win a Democratic majority this year.

Another lawsuit was filed last week by Public Advocate Jumaane Williams and Transport Workers Union Local 100 that alleges the loss of congestion pricing revenue has forced the MTA to cut bus service, according to Gothamist.

The congestion pricing program, formally known as the Central Business District Tolling Program (CBD) is meant to reduce traffic, encourage the use of public transportation, and reduce pollution by driving vehicles out of Manhattan’s busiest areas. Pushed by advocates for many years, the program would have been the first of its kind in the nation and was expected to generate $15 billion in additional revenue for the MTA.

As part of the CBD, drivers entering Manhattan below 60th Street during peak hours would have been charged higher tolls based on the type of vehicle, ranging from $15 for passenger vehicles to $36 for trucks and buses.

With the MTA losing out on $15 billion in revenue, the transit agency said it is forced to pause roughly $16.5 billion worth of upgrades and critical repairs throughout the transit system, including new signals, train cars, and continuing work on the Second Avenue Subway.

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