First of Congestion Pricing Lawsuits Filed in State Supreme Court to Restore Bus Service Cuts

Today, as part of the legal effort led by New York City Comptroller Brad Lander, New York City Public Advocate Jumaane D. Williams and Transport Workers Union of America Local 100 filed a lawsuit on behalf of bus and transit riders against the MTA, focused on the consequences of the last-minute ‘pause’ of congestion pricing. The lawsuit, filed today in the State Supreme Court in New York County, is the first in a series of suits to be filed in coordination with a coalition of transit riders, disabled commuters, and environmental advocates.

“I am pleased to announce an all-star team of attorneys from Emery Celli, Earthjustice, and Mobilization for Justice, as we coordinate to explore legal action against the governor’s illegal and ill-conceived decision to cancel congestion pricing,” said New York City Comptroller Brad Lander. “Today’s lawsuit on behalf of transit riders is the first stop along our legal suit journey. For years, elected officials at the city, state, and federal levels fought to enact congestion pricing and remain committed to moving forward on the implementation of this transformative policy to alleviate gridlock, unlock capital dollars for accessibility and modern signals, and reduce carbon emissions for cleaner air. We expect our coalition to make more announcements concerning litigation in the coming weeks.”

“Today’s lawsuit is a first step in addressing the harm caused by Governor Hochul and the MTA’s cancellation of congestion pricing and the revenue it would raise,” said Public Advocate Jumaane D. Williams. “Without adequate notice or process, the MTA is cutting budgets and cutting corners, leaving New Yorkers stranded on our streets and abandoning requirements as abruptly as a governor abandoned this program. I urge the court to swiftly restore sufficient service to the routes people rely on. I thank the TWU for standing up for its membership as well as the city’s ridership, Comptroller Lander for his organization around these issues, and the riders who are sharing their stories and struggles.”

The lawsuit, filed today in conjunction with TWU Local 100 and New York City transit riders, aims to establish injunctive relief from non-emergency, long-term reduction of bus service throughout the city. Roopdai Julie Davis, an 82-year-old resident of Kensington and daily bus rider, joined the suit as representative of the many New Yorkers who will suffer as a result of these cuts, particularly amid the dangers of a heat wave.

Petitioners ask for a temporary restraining order, which would return services to pre-cut levels and require the process of notification and hearings before any cuts move forward.

Cuts to service began without public notice on or about Friday, July 12. The New York State Public Authorities Law requires the MTA to give 30 days notice of any non-emergency bus service reduction to the NYC Mayor and Council. The MTA failed to provide such notice or public hearings on the move, seemingly in its haste to account for the revenue lost by delaying congestion pricing.

To further the legal efforts to combat the pause of congestion pricing, Comptroller Lander also announced a team of attorneys from Emery Celli Brinckerhoff Abady Ward & Maazel, Earthjustice, and Mobilization for Justice, who entered into a joint defense agreement to explore legal action.

• Emery Celli is leading legal action on the basis of the 2019 law that mandates congestion pricing implementation;
• Earthjustice is leading legal action on the basis of New York State’s Climate Leadership and Community Protection Act 2019.

On June 12, Comptroller Lander and a broad coalition of legal experts, potential plaintiffs, and advocates announced they are exploring all legal avenues, including multiple lawsuits, to resume New York City’s congestion pricing plan, which Governor Kathy Hochul walked back at the eleventh hour. Under Professor Michael Gerrard’s leadership, the legal working group is finalizing the other set of lawsuits, including amicus briefs led by the Natural Resources Defense Council. The working group is exploring a fourth lawsuit on behalf of straphangers with disabilities who are affected by the lack of accessible station improvements.

“This is the first in a volley of lawsuits brought by transit riders and workers, disabled people, and air breathers who have been hurt by Governor Hochul’s illegal action in stopping congestion pricing. Our coalition will make further announcements on litigation,” said Michael B. Gerrard, Columbia University’s Sabin Center for Climate Change Law.

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