First lawsuit filed challenging New York City’s congestion pricing pause

The first of what will likely be multiple lawsuits challenging Gov. Kathy Hochul’s decision to pause New York City’s congestion pricing program has been filed.

New York City Comptroller Brad Lander, New York City Public Advocate Jumaane D. Williams and Transport Workers Union of America Local 100 recently filed a lawsuit against the Metropolitan Transportation Authority in the State Supreme Court in New York County. The class-action lawsuit was filed on behalf of bus and transit riders.

“Today’s lawsuit is a first step in addressing the harm caused by Gov. Hochul and the MTA’s cancellation of congestion pricing and the revenue it would raise,” Williams said in a statement. “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.”

The lawsuit does not challenge Hochul’s congestion pricing pause directly. Rather, it is suing the MTA for unlawfully cutting bus routes and blaming the congestion pricing pause for those cuts.

Scheduled to go live on June 30, congestion pricing was expected to bring in billions of dollars to the MTA’s budget. On June 5, Hochul unexpectedly ordered the MTA to indefinitely pause the program.

According to the lawsuit, the MTA halted nearly every aspect of its capital program following the governor’s order. That included cutting the operating budgets for bus services, including a hiring freeze. On July 12, the number of bus runs was cut between 5% and 10%.

Plaintiffs argue that the cuts will result in more wait time, regardless of weather, and more crowded buses. Added wait time and congested buses will reduce public safety, the lawsuit claims.

State law requires the New York City Transit Authority – part of the MTA – to give the mayor and city council a 30-day notice of any non-emergency bus service reduction. The city council then has the option to conduct a public hearing before the cuts take place. No such notice was issued for the July 12 cuts.

The lawsuit asks the court to return bus services to the levels they were at before July 12. Plaintiffs also want the court to ban the transit authority from implementing further bus service cuts without the required notice and public hearing.

Lander’s bus rider lawsuit is just the first of a series of lawsuits challenging the congestion pricing pause.

Just one week after Hochul’s announcement, Lander announced a broad coalition of legal experts working to fight the program’s pause.

The comptroller announced a team of attorneys from Earthjustice, Mobilization for Justice and Emery Celli Brinckerhoff Abady Ward & Maazel, which 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.

The legal team is finalizing lawsuits on behalf of disabled commuters and environmental advocates. They are also considering a fourth class-action lawsuit for 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 Gov. Hochul’s illegal action in stopping congestion pricing,” Michael B. Gerrard of Columbia University’s Sabin Center for Climate Change Law said in a statement. “Our coalition will make further announcements on litigation.” LL