NEW YORK (1010 WINS/WCBS 880) – Days after Gov. Kathy Hochul announced an indefinite "pause" on congestion pricing, New York City's comptroller Brad Lander and other supporters of the Manhattan tolling program announced Wednesday they're exploring "all legal avenues," including "multiple lawsuits," if it isn't implemented on June 30 as planned.
Lander was joined by environmentalists, mass transit advocates and other proponents of the long-sought—and highly controversial—program, which would charge most drivers at least $15 daily to enter Manhattan below 60th Street to fund public transit and reduce traffic and pollution.
"We intend to explore all legal avenues and implement congestion pricing in New York City as required by law," Lander said.
Among the groups fighting to get congestion pricing back on track are the Riders Alliance, NYPIRG, Transportation Alternatives and the Natural Resources Defense Council. Lander said he and advocates had assembled a coalition made up of various groups—including New Yorkers with disabilities, residents affected by pollution, businesses impacted by congestion, and MTA bondholders—who are prepared to challenge Hochul in court on multiple fronts if necessary. A full list of potential legal avenues is at NYC.gov.
The governor's office had no comment on the announcement from Lander, a fellow Democrat.
Supporters said potential lawsuits could allege Hochul broke New York law when she put an indefinite hold on congestion pricing last week, violating the state’s commitment to curbing pollution, as well as its obligation to fund the MTA and make all subway stations ADA accessible by 2055.
A law passed by state lawmakers and signed by then-Gov. Andrew Cuomo in 2019 directed the MTA to implement congestion pricing. At Wednesday's news conference, Columbia Law School professor Michael Gerrard said Hochul doesn't have the authority to override the statute.
"The state Legislature passed a law saying the MTA 'shall' implement congestion pricing, notwithstanding any other provision of law," Gerrard said. "Gov. Hochul does not have the power to reverse that state statute."
Hochul had said she’d work with the Legislature to find other sources of funding that don’t overburden taxpayers or drivers. The legislative session in Albany ended last week without a plan in place.
The governor’s bombshell announcement last week blew a $15 billion hole in the MTA’s capital plan and also hit its operating budget, crippling the agency’s ability to move forward on upgrades and accessibility projects for the aging subway system. The congestion pricing plan was projected to raise $1 billion a year for public transit. MTA CEO Janno Lieber said Monday he's now focused on "basic stuff to make sure the system doesn't fall apart."
Congestion pricing—which was supposed to begin June 30—has been years in the making. The current plan was first proposed in the 2000s and earlier proposals go back to at least the mid–20th century.
Hochul said she postponed the plan at the last-minute due to concerns about its impact on the finances of everyday New Yorkers and on the city's post-pandemic recovery. Earlier this week, she suggested the tolling program will eventually come to fruition, saying, "there's a big difference between a pause and an elimination." However, some are skeptical of her motivation, suggesting concerns about vulnerable Democrats in swing districts this election were a factor in her decision-making.