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CITYWIDE — The Governor's indefinite pause of congestion pricing has led to two new lawsuits that City Comptroller Brad Lander and a coalition of lawyers, plaintiffs and public transit advocates have announced. The litigation challenges the halt on New York City’s congestion pricing plan just three weeks before its scheduled start date, and seeks to compel its implementation as required by law. The first lawsuit, City Club of New York et al v. Hochul, challenges Gov. Hochul’s authority to single-handedly block implementation of the 2019 MTA Reform and Traffic Mobility Act, that both houses of the State Legislature passed. Then-governor Andrew Cuomo signed into law the bill, which mandated the design, development, building, and operation of the Central Business District Tolling Program, commonly known as congestion pricing. The civil rights firm Emery Celli Abady Brinckerhoff Ward & Maazel LLP, is leading this lawsuit.
The second lawsuit, Riders Alliance v. Hochul, which the environmental litigation nonprofit Earthjustice is leading, challenges Governor Hochul’s decision on the basis of New York State’s Climate Leadership and Community Protection Act, which requires New York to reduce economy-wide greenhouse gas emissions 40% by 2030, and requires state officials to act in a manner consistent with mandated targets. This lawsuit also alleges that the Governor’s decision violates the state constitutional right to clean air and a healthy environment, which 70 % of voters got added to the state constitution.
The suits argue that the Governor’s failure to enact congestion pricing violates both laws, and the success of either will result in the implementation of New York City’s congestion pricing plan.
