Hochul, DOT sued over congestion pricing

ALBANY, N.Y. (NEXSTAR) — Congestion pricing advocates filed two lawsuits against New York Gov. Kathy Hochul on Thursday. They accused Hochul—and by extension, the Department of Transportation (DOT)—of violating state law mandating climate action when she unilaterally nixed the environmental program weeks before its start date.

“When Governor Hochul halted congestion pricing last month, she singlehandedly deprived millions of subway and bus riders of $15 billion worth of transit improvements like more frequent trains, new subway lines, faster buses and greater accessibility,” said New York City Comptroller Brad Lander. "She also violated two state laws and the state constitution

The lawsuits—both available to read at the bottom of this story—aim to force congestion into place by undoing Hochul's decision. The plaintiffs argue that she overstepped her authority by directing DOT Commissioner Marie Therese Dominguez not to sign onto the Central Business District Tolling Program, which would put congestion pricing into effect.

"Like the Governor, State DOT has no statutory authority over the decision to launch [the Central Business District Tolling Program]," argued one lawsuit. In fact, it theorized that Hochul violated the separation of powers by overriding the legislative process, dismissing years spent negotiating, and violating another Act—the Traffic Mobility Act—that mandates enacting the Central Business District Tolling Program.

“The reality is, congestion pricing is only the latest in a series of climate failures for Governor Hochul," said John Raskin, President of the Spring Street Climate Fund—and the former Executive Director of the Riders Alliance*, which is the top-named plaintiff in one of the lawsuits. "She has the rhetoric of a climate leader but her actual actions have been hesitant steps or, in this case and others, actual steps backward from where we were.”

The plaintiffs want the court to declare that halting the program was illegal and to forbid Hochul, Dominguez, and DOT from trying to thwart it again. They also want a court order for Dominguez to sign onto that tolling agreement with the Federal Highway Administration, the Triborough Bridge and Tunnel Authority, and the Metro Transit Authority.

"We need to take bold action to protect our climate, invest in public transit, reduce congestion, and grow our economy," said Democratic State Sen. Andrew Goundardes, whose district is in New York City. "Congestion pricing was a generational opportunity to do that, and the Governor knocked it off the table without offering any real alternative. Our state's own laws mandate us to reduce emissions and provide a healthy environment for New Yorkers, and we have to act accordingly."

*This article previously misidentified John Raskin as the executive director of the Riders Alliance. Their current executive director is Betsy Plum.

Take a look at both lawsuits below: