NYC Comptroller Lander & Coalition of Legal Experts and Potential Plaintiffs Announce Plan to Explore Legal Avenues to Resume Congestion Pricing

New York, NY — Today, New York City Comptroller Brad 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.

After years of planning, extensive public testimony, approvals from multiple layers of government, and hundreds of millions of dollars in infrastructure spending, Governor Hochul announced an “indefinite pause” to New York City’s congestion pricing plan last week. The fee on vehicles entering the Manhattan Central Business District (CBD) was set to begin on June 30 and funnel an estimated $1 billion to the Metropolitan Transportation Authority’s (MTA) annually.

“Governor Hochul took a disastrously wrong turn: halting the implementation of congestion pricing harms New York City’s goals of reducing emission and improving air quality, and leaves a $15 billion hole in the MTA’s Capital Program, funding that is essential to update decades-old signal technology that causes train delays and install elevators that will enable the MTA to reach its legally-mandated 95% accessibility goal by 2055,” said Comptroller Brad Lander. “This sudden and potentially illegal reversal wronged a host of New Yorkers, who have a right to what was long promised to all of New York—a world-class mass transit system that works for all. This broad coalition of legal experts and potential plaintiffs will act to ensure the swift and inevitable implementation of congestion pricing—even if it means taking their cases to court. We’re here to steer our shared future back on track.”

In response to the Governor’s about-face, Comptroller Lander worked together with advocates to assemble a coalition of legal experts and impacted parties who intend to challenge the Governor’s last-minute reversal in court. Such groups include, but are not limited to:

• New Yorkers with disabilities, who are depending on the MTA’s commitment to making 95% of the city’s 472 subway stations ADA accessible by 2055;
• Residents of the CBD that are adversely impacted by congestion, such as those with respiratory illnesses;
• Businesses based in the CBD that are adversely impacted by congestion;
• MTA board members, who voted to adopt congestion pricing in order to meet their capital plan, relying on the expectation that city, state, and federal actors would comply with responsibilities under the law;
• MTA bondholders who own bonds backed by expected revenues from congestion pricing.

The coalition is developing lawsuits on the basis of the following statutes including, but not limited to:

• Central Business District Tolling Program (CBDTP) (NY Vehicle and Traffic Law § 1704): Article 78 of NY Civil Practice Law and Rules provides an avenue to challenge the states failure to implement congestion pricing, as required by legislation passed in 2019.
• Section 7.2 of the Climate Leadership and Community Protection Act (CLCPA): The Governor and New York State agencies, including NYS Department of Transportation and the MTA, are required to act in a manner consistent with statewide greenhouse gas emissions reduction goals. Plaintiffs can bring suit alleging that failing to enact congestion pricing violates this law.
• Americans with Disabilities Act (ADA): Delaying congestion pricing translates to a delay in accessibility improvements, potentially violating existing settlement agreements reached between MTA and disability advocates to address longstanding MTA noncompliance with the ADA.
• Environmental Assessment (EA): Residents of the CBD, people with disabilities, people with distinct vulnerabilities to traffic (e.g., asthma), businesses in the CBD, and other beneficiaries of positive environmental impacts identified in MTA’S EA for the CBDTP have standing.
• 2021 Green Amendment: The New York State constitution grants all residents the right to clean air, clean water, and a clean environment. Failure to implement congestion pricing violates this right.

The failure to implement congestion pricing has created a $15 billion shortfall in the MTA’s 2020 – 2024 Capital Program, which the New York State legislature did not replace before the end of legislative session on Saturday. Beyond MTA’s funding gap, the failure to implement congestion pricing will also forgo other critical benefits to New York City’s climate and transportation goals such as cutting carbon emissions, improving air quality, making mass transit more accessible and efficient, and reducing traffic injuries and fatalities region wide.

As a result of this pause, which is likely tantamount to a cancellation of the plan if not reversed promptly, MTA CEO Janno Lieber announced on Monday that MTA is shrinking its capital plan by billions of dollars. The Capital Program includes funds to improve transit expansion, accessibility, electrification, and state of good repair projects. Lieber also foretold the likelihood of service cuts to the public transportation system that serves around five million daily riders.

Other harms of failing to implement congestion pricing would include more traffic fatalities, which have increased in recent years for lower-income communities of color; even slower traffic for bus riders, currently averaging a slog of eight miles per hour; and further contribution to the transportation sector’s already large carbon footprint that comprises 15 percent of citywide emissions.

The Comptroller and the coalition of legal experts and potential plaintiffs will make further announcements after the MTA Board votes on the Governor’s proposal on June 26.

“The MTA Board is liable for the financial health and stability of the entire organization and its 73,000 workers, and we take our fiduciary responsibilities very seriously,” said MTA Board Members and Rider Representatives Gerard Bringmann, Andrew Albert, and Randy Glucksman. “The indefinite pause of the implementation of the congestion pricing program at the eleventh hour has grave implications for the MTA’s current $54.8 billion capital plan, but also serious impacts on the MTA’s operating budget – both will have significant implications for the public. Nothing gets cheaper the longer you wait, and we hope and expect congestion pricing to move forward swiftly so the improvements to the system that riders are counting on do not fall behind schedule. That’s why we support looking at all options, including considering legal action.”

“Governor Hochul does not have the power to indefinitely postpone the congestion pricing program,” said Michael B. Gerrard, Professor at Columbia Law School. “The 2019 statute gives the MTA the mandatory duty to implement congestion pricing. It is illegal for the Governor to unilaterally cancel it.”

“The eleventh-hour delay in implementation of congestion pricing is already disrupting plans for public transit improvements that would benefit millions of New Yorkers,” said Eric A. Goldstein, Senior Attorney and New York City Environment Director at Natural Resources Defense Council. “The replacement of ancient subway signals, investments in accessible stations, modernization and safety undertakings, and purchasing electric bus fleets are among the projects already being shelved. Although we still hope that the Governor will reconsider her decision, we are exploring all options to ensure that congestion pricing moves forward as required by law.”

“If it stands, Governor Hochul’s betrayal will mean more delayed trains, inaccessible stations, long waits, slow buses, and dirty air for millions of New Yorkers,” said Danna Dennis, Senior Organizer at Riders Alliance. “Riders defeated the governor’s phony alternatives in the legislature and are prepared to take this fight wherever it leads. It’s very simple: every New Yorker, including the governor, is bound by state law, including congestion pricing.”

“State law clearly requires the implementation of congestion pricing and any attempt to stop the program is a massive abuse of power,” said Elizabeth Adams, Co-Interim Executive Director of Transportation Alternatives. “Governor Hochul’s attempts to cancel congestion pricing cannot succeed — everything from accessible subway stations to cleaner air to reduced greenhouse gas emissions, it’s all at stake. We’re proud to join with Comptroller Lander and this coalition to ensure congestion pricing starts as planned.”

“With MTA’s infrastructure upgrades that Congestion Pricing revenue would fund now on the chopping block, the NYPIRG Straphangers Campaign is fuming,” said Megan Ahearn, Program Director of NYPIRG Straphangers Campaign. “As long-time supporters of the law, we are here in solidarity with environmental, transit, and civic groups and elected leaders to call for no delay to Congestion Pricing. We’re here for the riders, businesses, students, and families who need increased bus and subway service, safer streets, and cleaner air.”

“Congestion pricing is the law of the land—full stop,” said Congressman Jerry Nadler (NY-12). “Governor Hochul’s ‘indefinite pause’ of congestion pricing is unlawful as she cannot simply ignore the will of the State Legislature after the tolling plan was signed into law in 2019. Congestion pricing has been years in the making—and I am fully prepared to take this fight to the courts to see to it that Congestion Pricing is implemented as intended by the Legislature. There is so much at stake: ADA accessibility upgrades, signal system modernization, eliminating transit deserts with Penn Access and the 2nd Avenue Subway Extension, faster emergency response times, cleaner air and safer streets. Governor Hochul cannot produce a plan B to fund these essential capital programs which will be abandoned if Congestion Pricing does not proceed.”

“Thanks to City Comptroller Brad Lander for exploring all avenues to save New York’s congestion pricing program and its promises of better, more attractive transit and safer, less car-dependent streets,” said Jon Orcutt, Advocacy Director for Bike New York.

“Over 200 years ago, New York introduced America to public works and public authorities with the Erie Canal,” said Paul Williams, Executive Director of Center for Public Enterprise. “Today, dozens of public authorities, from the Metropolitan Transportation Authority to the New York Power Authority to our housing and dormitory authorities meet New Yorkers’ daily needs with transit service, clean electricity, and safe housing. Our public authorities have undertaken major projects in the past and have overcome obstacles in the way of success. Today is no different: the legal challenges the MTA faces today will be overcome, thanks in part to the efforts of the advocates for the public sector who are here today.”

“Our neighborhood of Hell’s Kitchen has the third worst air quality in the city due to traffic congestion and idling,” said Christine Berthet, Founder of CHEKPEDS. “Shame on you, Governor, for deliberately condemning our families to be sick for years to come.”

“Congestion pricing is a win-win,” said Blair Lorenzo, Executive Director of Effective Transit Alliance (ETA). “It guarantees both drivers and bus riders faster trips to the Manhattan core, lowers air pollution, and reduces pedestrian fatalities, all while generating vital capital funding for the MTA for such improvements as ADA accessibility, signal modernization, and major expansions like Second Avenue Subway Phase 2. ETA believes that Governor Hochul’s shortsighted decision to cancel congestion pricing must be reversed.”

“The Elevator Action Group (Rise and Resist) strongly condemns Governor Hochul’s pulling the plug on congestion pricing,” said Jennifer van Dyck, Member of Elevator Action Group (Rise and Resist). “Not only does it harm accessibility improvements in our subway system, it shows a complete lack of vision and commitment to the future of our city and total disregard for disabled New Yorkers.”

“Governor Hochul’s indefinite delay of congestion pricing negatively impacts the health of New Yorkers and the environment we rely on, contradicting our city and state’s best interests,” said Vanessa Fajans-Turner, Executive Director of Environmental Advocates NY. “At a time of unprecedented challenges, congestion pricing offers a real and tangible solution for improving public transit and cleaning up our air. We oppose all delays to its implementation and call on Governor Hochul to reinstate it immediately.”

“Governor Hochul’s action to ‘indefinitely pause’ New York City’s vital congestion pricing program jeopardizes New York’s public transportation system, harms millions of people who depend on modern public transportation and clean air and undermines New York State’s commitment to a healthy environment and a strong economy for all people,” said Andy Darrell, Senior Advisor for Environmental Defense Fund. “This damaging decision is contrary to law and EDF is exploring legal action as we stand shoulder to shoulder with this broad coalition in protecting the millions of people whose health, environment, and future will be harmed by this decision.”

“Right now, all eyes are on New York to see if it will remain a climate leader,” said Justin Balik, Evergreen Action State Program Director. “Until last week’s announcement, congestion pricing was positioned to be a vital, lauded climate victory for both the region and the country. But now, Governor Hochul has taken a tremendous step backwards and without course correction, risks serving a devastating blow to New York’s climate goals. The governor has an obligation to implement a program that is still state law, and we urge the administration to recommit to congestion pricing. New York’s climate legacy depends on it.”

“I was hit by a car while crossing the street when a driver turned into the crosswalk, causing serious knee, leg and wrist injuries, as well as PTSD,” said Kate Brockwehl, Member of Families for Safe Streets. “Congestion pricing will make our streets safer for pedestrians, drivers, car passengers, cyclists, and bus riders, because fewer vehicle trips will mean fewer crashes. Congestion pricing is also law in New York State — and delaying or stopping the program will lead to more crashes and injuries. No one should have to live with the aftermath of a traumatizing car crash.”

“In one stunning act of political chicanery, New York’s governor, Kathy Hochul, blew a $15 billion hole in the MTA’s budget while depriving 12 million New Yorkers across the state of the many benefits of congestion pricing,” said Alex Matthiessen, Founder and Director of Move NY. “But it appears that the political blunder that was heard around the world may also have been illegal and that Hochul may not have had the authority to unilaterally cancel congestion pricing. We advocates are fully prepared to pursue every legal avenue necessary to put congestion pricing back on track – ideally by the MTA’s official start date of June 30.”

“No one wants a return to the transit system we had in the 70s and 80s. No New Yorker should have to tolerate another Summer of Hell,” said Carlo Scissura, President & CEO of the New York Building Congress. “We need congestion pricing NOW to ensure that the construction industry can get shovels in the ground as soon as possible to create jobs for New Yorkers and build and expand our transit system as previously planned. There is simply no better way to ensure a $15 billion boon to our region than the simple flick of a switch on June 30.”

“Aside from being unjustified by any law, state or federal, Hochul’s use of her essentially clerical document-signing role to destroy a program mandated by state law is contrary to her duty under Article IV, section 3 of the New York Constitution to ‘take care that the laws are faithfully executed,’” said Roderick Hill, Professor at NYU School of Law. “Destroying a program mandated by the state legislature is the opposite of faithful execution.”

“Open New York strongly opposes the indefinite postponement of congestion pricing in New York City. We cannot solve our housing crisis without efficient and reliable transit. This decision is not only shortsighted but also detrimental to the city’s growth and sustainability,” said Annemarie Gray, Executive Director of Open New York. “As the economic engine of the region, New York City relies on efficient transit and housing solutions to maintain its vitality. Allowing suburban interests to dictate policies that harm the entire state is a clear example of prioritizing short-term political gains over the long-term needs. We are proud to be part of a broad coalition uniting around a better future for New Yorkers.”

“Pausing congestion pricing just weeks before it starts is not only craven, dangerous, and shortsighted — it’s illegal,” said Sara Lind, Co-Executive Director at Open Plans. “Congestion pricing is the law, passed explicitly to save New Yorkers from debilitating congestion, traffic violence, transit inaccessibility, and climate disaster. By pulling the plug, Governor Hochul has turned her back on millions of New Yorkers and set the city on a crash course. This lawsuit is our demand, on behalf of all New Yorkers, to move forward with what we were promised and rightfully deserve — an improved streetscape for pedestrians, transit riders, cyclists, business owners and even drivers.”

“Congestion pricing was signed into law in 2019 and the MTA has followed all appropriate steps for its implementation,” said Kathryn Wylde, President & CEO of Partnership for New York City. “Litigation will determine whether the governor has unilateral authority to impose an indefinite pause that effectively defunds the transit system.”

“Following decades of debate, Congestion Pricing became the law of the land in 2019. We are deeply skeptical of the idea that one executive can unilaterally override the legislature, the MTA Board, and the law itself,” said Lisa Daglian, Executive Director of the Permanent Citizens Advisory Committee to the MTA. “This ‘pause’ is bad for riders, bad for the region, and bad for our economy. As the voice for MTA riders since 1981, we support considering all avenues for moving forward, including considering legal efforts to enforce the law and bring this manufactured crisis to an end.”

“Congestion pricing is the law,” said Rachael Fauss, Senior Policy Advisor for Reinvent Albany. “There is no real Plan B or magical creative financing. Governor Hochul has started a slow-motion disaster that will result in the MTA being crushed by more debt, and subway and bus riders suffering from a double whammy of higher fares and less reliable service.”

“While we believe the easiest and best step for remedying the crisis around congestion pricing is for Governor Hochul to reverse her ill-conceived attempt to delay or derail the program’s implementation, we stand with Comptroller Lander, legal experts, and fellow advocates in our collective belief that the Governor’s action is illegal, and will support efforts to seek redress through the courts if it must come to that,” said Eric McClure, Executive Director at StreetsPAC. “Congestion pricing is essential to the health of our public transit system, the health of the city’s economy, and the literal health of New Yorkers suffering from traffic-clogged streets, and it must move forward as planned.”

“The majority of subway and bus riders are low-income New Yorkers of color who cannot wait any longer for transit improvements. Governor Hochul’s abandonment of congestion pricing undermines the MTA’s regional mitigation efforts and hampers progress toward meeting our state’s climate mandates,” said Kevin Garcia, Senior Transportation Planner at the New York City Environmental Justice Alliance. “This will have a ripple effect on the current and future MTA capital plans to improve bus and subway service, including the MTA’s bus fleet electrification that would reduce emissions in environmental justice communities across the five boroughs. The Environmental Assessment illustrated a reduction in traffic congestion and a commitment to an emissions reduction plan now up in the air.”

“In order to build a 21st century city where families can live and work, we must invest in our public transit system and adapt to the realities of the climate crisis. Governor Hochul’s decision to halt congestion pricing threatens the future of our MTA and sentences families to chronic health and safety risks from pollution,” said Ana Maria Archila, Co-State Director, New York Working Families Party. “We must be willing to exercise every legal tool at our disposal to get congestion pricing back on track.”

“The Governor’s sudden reversal on congestion pricing betrays the needs of everyday New Yorkers. Nearly 80 percent of the low-income people who work in Manhattan’s Central Business District use public transportation to commute there, not private vehicles,” said Peggy Shepard, Co-Founder and Executive Director of WE ACT for Environmental Justice. “The revenue generated by this program will significantly improve public transportation for millions of working-class New Yorkers, extending the Second Avenue Subway into East Harlem, electrifying city buses and bus depots, and supporting greater accessibility – all while reducing the air pollution that has been choking our communities for decades.”

Official photos will be available on Flickr.

###