New lawsuits slam NY Governor Hochul on congestion-pricing reversal

MANHATTAN (CN) — Supporters of New York City’s congestion-pricing program slapped New York Governor Kathy Hochul with a pair of lawsuits on Thursday, panning as lawless her decision to indefinitely halt the program’s implementation.

Hochul shocked New Yorkers when in June she announced she was suspending congestion pricing — a move that city advocacy group City Club of New York claimed Hochul had no right to make. The new lawsuits represent the most significant effort yet to force Hochul to reverse course.

“As powerful as a governor is, this governor has no legal authority — none — to ‘direct’ the Metropolitan Transportation Authority to ‘pause’ the [program], much less to directly use her powers as the state’s chief executive to do so,” City Club argued in its 40-page suit against the Democratic governor and other state officials.

Joined in its lawsuit by two Manhattan residents, City Club argues that Hochul’s “shocking about-face” on congestion pricing violates state law, since the mandate to implement the program rests with the Triborough Bridge and Tunnel Authority — not with Hochul.

“The governor has no say in the matter,” City Club stated in court filings. “That is the law.”

A separate lawsuit, also filed Thursday, attacked Hochul’s pause on environmental grounds.

Brought by three advocacy groups — Riders Alliance, Sierra Club and the New York City Environmental Justice Alliance — the groups in their suit claim that Hochul’s pause breaches New Yorkers’ right to clean air and water, a guarantee in the state constitution since it was added via amendment in 2021.

The groups also claimed the suspension is a violation of the Climate Leadership and Community Protection Act, a state law that requires officials to ensure their decisions help reduce carbon emissions in New York.

“The people of New York City deserve to breathe,” the groups said.

Both state lawsuits seek a reversal of Hochul’s halt on the tolling program, as well as an injunction keeping her from once again blocking implementation.

Under New York City’s congestion-pricing plan, passenger vehicles were to be charged a $15 toll when entering Manhattan below 60th Street, an area that includes Midtown and downtown, during peak hours on weekdays. The program was slated to bring in $1 billion per year to the Metropolitan Transit Authority to upgrade infrastructure and address budget shortfalls.

The program was set to take effect at the end of June — but that same month, Hochul announced via pre-recorded video that she was delaying it indefinitely.

“After careful consideration, I’ve come to the difficult decision that implementing the planned congestion-pricing system risks too many unintended consequences for New Yorkers at this time,” Hochul said.

Friday’s complaints were no surprise. After Hochul’s announcement last month, environmental lawyer Michael Gerrard said that his phone was “ringing off the hook” with groups eager to challenge the pause. He told Courthouse News on Thursday that the delay has already cost the MTA dearly.

“Each month of delay costs the MTA tens or hundreds of millions of dollars of toll revenue, which would have gone into improving the transit system,” Gerrard said. “The blockage of congestion pricing has thrown the MTA capital plan into chaos.”

The MTA announced last month that it would be pausing $16.5 billion worth of upgrades — including the purchase of new train cars and an extension of the Second Avenue subway — as a direct result of Hochul’s freeze.

Gerrard, who has been coordinating legal challenges against the pause, said other advocacy groups and elected officials will also be joining the effort via amicus briefs in the coming weeks. He added that an additional suit on disability rights is on the table as well.

In a written statement, Hochul’s office on Friday rebuked the lawsuits.

“Get in line,” a spokesperson for the governor wrote in an email. “There are now 11 separate congestion-pricing lawsuits filed by groups trying to weaponize the judicial system to score political points, but Governor Hochul remains focused on what matters: funding transit, reducing congestion and protecting working New Yorkers.”

Hochul had previously been a staunch advocate for the toll, even calling it transformative. Critics blasted her last-minute about-face as a political move to ensure that Republicans couldn’t weaponize congestion pricing to win close races in New York City suburbs.

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