NEW YORK — New York Gov. Kathy Hochul is facing two lawsuits over her decision to block Manhattan’s congestion pricing, a move which created a $15 billion hole in the Metropolitan Transportation Authority budget and has forced the transit agency to delay a number of capital projects.
The news site amNY.com reports one lawsuit has been filed by the civic organization City Club of New York, arguing that Hochul has violated the law passed in 2019 to create the congestion pricing program. It claims that the authority to enact the program lies with the MTA, not the governor.
The second is by the transit advocacy group Riders Alliance, the Sierra Club, and the New York City Environmental Justice Alliance, argues that Hochul has violated a 2019 state law setting New York state’s goals for cutting carbon emissions as well as a 2022 amendment to the state constitution spelling out a right to a “healthful environment.”
The New York Times reports the suits were filed in New York State Supreme Court on Thursday, and the groups involved came from a group of congestion pricing supporters brought together by New York City Comptroller Brad Lander. That group has not ruled out additional suits, Lander said, who said his office does not plan to be a plaintiff to any legal action. Among the suits still possible: one from transit users with disabilities, since accessibility projects at New York City Transit subway stations are among the casualties of the loss of the congestion-pricing funds.
A Hochul spokeswoman dismissed the suits’ significance.
“Get in line,” said spokeswoman Maggie Halley. “There are now 11 separate congestion pricing lawsuits filed by groups trying to weaponize the judicial system to score political points.” [That count includes suits that were trying to stop the implementation of the program before Hochul ordered its indefinite “pause.”] “But Gov. Hochul remains focused on what matters: funding transit, reducing congestion, and protecting working New Yorkers.”
The program planned to charge a variety of tolls, including $15 fee for drivers of most vehicles entering lower Manhattan during peak periods. Hochul cited concerns about its financial impact on drivers and businesses, with her surprise move to delay the program [see “New York governor halts Manhattan congestion pricing plan …,” Trains News Wire, June 5, 2024]. An alternative funding for the MTA’s capital plan has yet to be developed; in the interim, the MTA has put some $16.5 billion in projects on hold [see “New York MTA votes to pause congestion pricing …,” News Wire, June 27, 2024]. The agency’s CEO, Janno Liber, has said the MTA’s focus now will be on making sure “the system doesn’t fall apart” [see “Head of MTA says without congestion pricing …,” News Wire, June 11, 2024].
Some lawsuits to halt congestion pricing. Some lawsuits to enact congestion pricing. That’s what happens when (1) New York enacts an unconstitutional tax (2) then unconstitutionally retracts it (3) New York turns to legislation by means of the judiciary. Solution: stay out of New York.