New York City Comptroller Brad Lander, alongside a coalition of legal experts, advocates, and potential plaintiffs, is gearing up for a legal battle against Governor Kathy Hochul’s abrupt decision to halt the city’s congestion pricing plan. The program, designed to charge vehicles entering Manhattan’s Central Business District (CBD), was expected to raise $1 billion annually for the Metropolitan Transportation Authority (MTA). The revenue was crucial for funding vital infrastructure projects, including the modernization of decades-old subway signals and the installation of elevators to make the system more accessible.
Governor Hochul’s decision to place an “indefinite pause” on the plan has sparked widespread outrage and legal action from various stakeholders. “Governor Hochul took a disastrously wrong turn,” said Comptroller Lander. “Halting the implementation of congestion pricing harms New York City’s goals of reducing emissions and improving air quality, and leaves a $15 billion hole in the MTA’s Capital Program.”
The coalition, spearheaded by Lander, includes environmental and transportation advocates who have spent years pushing for the tolls. Michael Gerrard, a prominent environmental lawyer at Columbia University, and Roderick Hills, a professor at New York University, are leading the legal strategy. They argue that Hochul’s move violates several laws, including the 2019 statute that mandated the MTA to implement congestion pricing.
“It creates a mandatory duty, and it doesn’t give the governor the authority to cancel it,” Gerrard explained. He also contended that Hochul’s decision violates the Climate Leadership and Community Protection Act, which requires significant reductions in greenhouse gas emissions.
Hochul has justified her decision by citing concerns about the post-pandemic fragility of Manhattan’s CBD and complaints about the tolls’ potential impact on the city’s economy, notably, the restaurant sector. However, the timing of her announcement, just months before a crucial general election, has led to suspicions of political motivations. Despite her claim that she is merely delaying the program, critics like Gerrard argue that “an indefinite halt is the functional equivalent of cancellation.”
The MTA board is scheduled to vote on the Governor’s proposal on June 26. In the meantime, Lander and his coalition are prepared to challenge the decision in court if the plan is not reinstated. “We believe that there’s a strong legal argument that congestion pricing implementation is the law,” Lander asserted.
The implications of halting the congestion pricing plan are dire. The MTA, already struggling with financial shortfalls, announced it would have to drastically shrink its capital plan. MTA CEO Janno Lieber warned that without the congestion pricing revenue, the public transportation system, which serves around five million daily riders, faces potential service cuts and delays in critical projects.
