Opposition to the temporary suspension of congestion pricing fees has led to the formation of an alliance, which on July 25 filed two lawsuits against New York Governor Hochul, claiming she does not have the authority to halt the program. The group is demanding the court to enforce the congestion pricing plan.
New York City Comptroller Brad Lander, following Hochul’s halt on the congestion pricing plan last month, immediately announced plans to file a lawsuit. A coalition composed of advocacy groups, lawyers, and citizens filed two separate lawsuits on July 25 in Manhattan New York State Supreme Court, with Hochul listed as the defendant in both cases. The first lawsuit was brought forth by the City Club of New York and two residents of Hell’s Kitchen, located within the congestion pricing zone. This lawsuit argues that the congestion pricing plan was established by the State Legislature in 2019 through the MTA Reform and Traffic Mobility Act, signed into effect by then-Governor Cuomo, authorizing the collection of congestion fees in the Manhattan central business district. Therefore, Hochul does not have the authority to unilaterally suspend its implementation.
The second lawsuit was filed by the Riders Alliance, NYC Environmental Justice Alliance, and Sierra Club. This lawsuit contends that the temporary suspension of congestion pricing will worsen traffic congestion, increase carbon dioxide and toxic emissions, violating New York State’s 2019 Climate Leadership and Community Protection Act which requires a 40% reduction in greenhouse gas emissions by 2030, as well as contravening the provisions of the 2021 constitutional amendment passed by referendum, granting citizens the right to clean air and a healthy environment.
Hochul’s spokesperson, Maggie Halley, issued a firm response, challenging those filing lawsuits to “get in line!” Halley wrote that there are currently 11 congestion pricing lawsuits, all initiated by groups seeking political points through judicial means. However, Hochul remains focused on more significant priorities: funding public transportation systems, reducing traffic congestion, and protecting the working class in New York. The 11 lawsuits referenced by Halley include those opposing the implementation of congestion pricing.
In addition to the two lawsuits filed on July 25 against the suspension of congestion pricing, another lawsuit was filed on July 17 in Manhattan Supreme Court by New York City Public Advocate Jumaane Williams and Transport Workers Union Local 100, accusing the MTA of unlawfully “quietly cutting” bus services to compensate for the loss of revenue from the suspension of congestion fees.
Attorney Andrew Celli of Emery Celli, representing the City Club of New York, stated that the two lawsuits filed on July 25 are expected to be presented in court for trial in September this year.