‘Literally, lawless’: Advocacy groups sue NY Gov. Hochul for halting congestion pricing

Two lawsuits accusing New York Governor Kathy Hochul of violating state law with her decision to halt the implementation of a congestion charge to drive into parts of Manhattan were filed on Thursday by commuter and environmental advocacy groups.

Hochul, a Democrat who had previously advocated for the congestion charge, announced in June that she would “indefinitely pause” the charge, just weeks before it was due to come into effect. She said the charge would place economic stress on some middle-class households.

Most New York City residents do not own private vehicles, and nearly 90% of people who commute into the Manhattan central business district for work do so using public transit or by bike or on foot, according to state data.

One of the lawsuits, filed by the City Club of New York and two Manhattan residents alleges that Hochul does not have the authority to “single-handedly” block the implementation of New York’s 2019 MTA Reform and Traffic Mobility Act, which mandated a tolling program to enter New York City’s central business district.

“Governor Hochul’s purported ‘pause’ of the (congestion charge) is, quite literally, lawless,” the plaintiffs said in their lawsuit filed in the New York Supreme Court in Manhattan. They said Hochul’s “decision to upend years of work has caused widespread chaos.”

Under the plan developed by the state-controlled Metropolitan Transportation Authority, drivers would have to pay up to $15 to drive into Manhattan below 60th Street; a return trip on the New York City subway or bus system costs about $6. The plan was modeled on similar charges in force for years in London, Singapore and other cities, and would have been the first of its kind in the U.S.

“Get in line,” Maggie Halley, a spokesperson for Hochul, said in a statement in response to the lawsuits. “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.”

She did not respond to questions about the lawsuits’ contention that Hochul’s decision had violated state laws. The MTA did not respond to a request for comment.

The congestion charge was expected to reduce vehicle traffic and air pollution and generate $16.5 billion for the MTA’s capital plan to maintain and upgrade the city’s aging subway system.

Last month, the MTA said it was forced to suspend its capital maintenance and upgrade plans until the state found a replacement source of funding, which Hochul has said she is trying to do.

The second of the lawsuits, which was filed by the advocacy groups Riders Alliance, the Sierra Club and the New York City Environmental Justice Alliance, accuses Hochul of violating New Yorkers’ right to clean air established by the Climate Leadership and Community Protection Act and a state constitutional amendment made in 2021.

“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,” New York City Comptroller Brad Lander, a Democrat who helped organize the lawsuits, said in a statement.

—Jonathan Allen, Reuters