2 new lawsuits filed over indefinite pause on New York City's congestion pricing plan
NEW YORK (WABC) -- Two new lawsuits were filed Thursday in response to the indefinite pause of congestion pricing in New York City.
The lawsuits aim to force the plan to go into effect after it was paused just three weeks before it was supposed to start on June 30.
Advocacy groups argue Gov. Kathy Hochul acted illegally by pausing the $15 tolls on vehicles entering Manhattan's business district. The fee was projected to generate some $1 billion annually for transit improvements.
Advocates say legislation passed in Albany requires the MTA to carry out the plan.
The first lawsuit, City Club of New York et al v. Hochul, challenges Hochul's authority to single-handedly block implementation of the 2019 MTA Reform and Traffic Mobility Act. That law mandated the design, development, building, and operation of the Central Business District Tolling Program.
"This is a case about democracy," said Andrew Celli of Emery Celli. "It asks whether an executive official can defy the law, ignore the legislature, and upend a decades-long policy-making process because she changed her mind. The obvious answer is no."
The second lawsuit, Riders Alliance v. Hochul, alleges that Hochul's decision violates the state constitutional right to clean air and a healthy environment that was added to the state constitution in 2021.
"Governor Hochul's decision is at odds with the CLCPA," said Dror Ladin, senior attorney at Earthjustice. "This lawsuit demands that the Governor follows the law, which clearly mandates reducing emissions and ensuring clean air for New Yorkers."
Advocates believe that the success of either lawsuit will result in the implementation of the congestion pricing plan.
"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 Comptroller Brad 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."
Hochul, through a spokesperson, dismissed the lawsuits as political posturing.
"Get in line," spokesperson Maggie Halley said 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."
Groups ranging from a public teachers union to New Jersey residents and local truckers filed suits ahead of the program's expected start date seeking to block it.
Hochul has maintained her decision was driven by economic concerns and conversations with everyday New Yorkers.
She's also suggested raising taxes on businesses to make up for the billions of dollars in lost revenue for transit, a proposal lawmakers have rejected.
MTA Chair and CEO Janno Lieber declined to comment on the latest lawsuits.
(The Associated Press contributed to this report.)
RELATED | $16.5 billion in MTA projects being deferred due to congestion pricing pause
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