Nearly three months after what was to be the start of congestion pricing, lawyers will head to court Friday in hopes of upending Gov. Kathy Hochul’s pause on the vehicle-tolling program.
Legal Challenges Ahead
Oral arguments will be heard in Manhattan Supreme Court in a pair of lawsuits against the governor that seek to put the Central Business District Tolling Program back on track. Written into law in 2019 by Albany legislators, the first-in-the-nation congestion pricing plan was derailed by Hochul just three weeks before its June 30 launch.
Environmental and Transit Advocates
In July, environmental and transit advocates, along with a civic association, filed two suits against the governor for her abrupt U-turn. The organizations accused Hochul of a “financially disastrous” about-face on the initiative that she’d previously championed.
Dror Ladin, an Earthjustice senior attorney for the environmental and transit advocates, said the city is likely to face increased greenhouse gasses and “continue down the really terrible path that we’ve been on” without the congestion pricing pause being overturned.
“It’s really, really critical that we get this right,” he told THE CITY on Thursday.
Impact on MTA
Hochul’s sudden shift blew a $16.5 billion hole in the MTA’s more than $50 billion capital program for 2020-2024, forcing the transit agency to defer long-planned improvements that include installing new elevators, replacing 1930s-era signals and buying more than 250 new electric buses.
“Riders never wanted to take our governor to court, but the law requires us to receive billions of dollars in transit improvements, as well as faster buses and cleaner air,” said Danny Pearlstein, policy director of Riders Alliance, a transit advocacy group. “We will use every tool in our toolbox to get what we are legally entitled to.”
Legal Arguments
The suit filed by environmental and transit advocates charges Hochul with violating the state’s 2019 Climate Leadership and Community Protection Act aimed at reducing greenhouse, gas, emissions, along with the 2021 Green Amendment that guarantees a right to a clean environment in the state constitution.
The second suit, by City Club, accuses Hochul of violating the 2019 Traffic Mobility Act that mandated congestion pricing.
Background
Hochul’s about-face on congestion pricing came weeks after she had praised congestion pricing at a global gathering in Ireland, where she touted the “great success” of London, Milan, Stockholm and Singapore in implementing similar plans.
“It took a long time because people feared backlash from drivers set in their ways,” Hochul said, according to a transcript of her May 20 remarks at the Global Economic Summit.
Weeks later, she put the years-in-the-making tolling plan on an indefinite pause, citing the effects of tolls on working-class New Yorkers as “too much” while also pledging “all will be resolved at a future time.”
Conclusion
The fate of congestion pricing hangs in the balance as lawyers head to court to challenge Gov. Kathy Hochul’s pause on the vehicle-tolling program. The program, which had been touted as a way to raise billions of dollars for public transportation while reducing vehicle traffic and emissions in Manhattan below 60th Street, is now facing an uncertain future.
FAQs
Q: Why did Gov. Kathy Hochul pause the congestion pricing program?
A: Hochul cited the effects of tolls on working-class New Yorkers as “too much” and pledged “all will be resolved at a future time.”
Q: What is the current status of the congestion pricing program?
A: The program is currently on pause, with no timeline for its restart.
Q: What are the legal arguments against Hochul’s pause?
A: The suits filed by environmental and transit advocates argue that Hochul’s pause violates state laws aimed at reducing greenhouse gas emissions and guaranteeing a right to a clean environment.
Q: What is the potential impact on the MTA if congestion pricing is not restarted?
A: The MTA’s capital program could be severely impacted, with billions of dollars in planned improvements and upgrades at risk of being delayed or cancelled.
