NYC congestion pricing pause by Gov. Hochul challenged by 2 new suits

Gov. Kathy Hochul of New York is facing two lawsuits that will attempt to overturn her decision to indefinitely pause the controversial congestion pricing program for drivers entering Manhattan.

The lawsuits follow through on threats made in the weeks following the governor’s about-face decision to halt congestion pricing just weeks before it was scheduled to begin charging drivers to enter Manhattan below 60th Street.

Prior to that, Hochul had been one of the biggest advocates of the tolling program, which was mandated by state law, and which advocates say would generate at least $1 billion a year for public transportation projects, improved air quality and reduced congestion.

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“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,” said Brad Lander, New York City’s comptroller, who has led a coalition of activists who support congestion pricing.

The lawsuits will give New Yorkers “a fighting chance at the world-class public transit, reduced traffic, and better air quality we all deserve,” he said.

Several other lawsuits have been filed against congestion pricing, including one by the New York Truckers Association and another by New Jersey Gov. Phil Murphy’s administration. A decision in the latter lawsuit is expected soon.

A $15 congestion pricing toll would affect New Jersey drivers who enter Manhattan using the Lincoln and Holland tunnels — tunnels that are already tolled by the Port Authority of New York and New Jersey — though they were eligible for a $5 credit from the MTA. Low-income drivers, regardless of residence, could also sign up for a 50% discount on peak-hour tolls.

Two new suits to support congestion pricing

One of the new suits trying reinstate congestion pricing was filed on behalf of Riders Alliance, Sierra Club and the New York City Environmental Justice Alliance. The suit alleges that the governor’s decision to block congestion pricing “violates the obligations the Legislature imposed on all state decisionmakers” when it enacted the Climate Leadership and Community Protection Act, which required state officials to achieve emissions reductions.

That law was passed in the same session that ultimately created the mandate for congestion pricing.

Earthjustice, a New York-based nonprofit environmental law firm, is representing the plaintiffs in that case.

The second suit is filed on behalf of City Club of New York, a nonprofit advocacy organization, and two Manhattan residents, Christine Berthet and Kathleen Treat, who say they are negatively impacted by the pause on congestion pricing.

The suit calls on the court to “declare the governor’s ‘pause’ unlawful” and require state officials to execute the congestion pricing agreement.

New York-based Emery Celli Brinckerhoff Abady Ward & Maazel LLP is representing the plaintiffs.

Hochul, New York State Department of Transportation, DOT Commissioner Marie Therese Dominguez and the Metropolitan Transportation Authority are defendants in both cases.

This article originally appeared on NorthJersey.com: NYC congestion pricing pause by Gov. Hochul challenged by 2 new suits