Legal Battle Over Manhattan’s Congestion Pricing Continues
A New York judge on Friday denied Governor Kathy Hochul’s request to dismiss lawsuits challenging her decision to pause a new congestion fee for drivers entering Manhattan. The fee, intended to reduce traffic and generate revenue for transit improvements, had been set to take effect on June 30.
The decision was made by Judge Arthur Engoron after nearly two hours of arguments in a Manhattan courtroom. The lawsuits, brought by transportation and environmental advocates, argue that Governor Hochul exceeded her authority by halting the fee just days before its planned implementation.
Congestion Pricing: A Move Toward Cleaner, More Efficient Transit
The tolling program would have charged drivers approximately $15 to enter Manhattan’s core, depending on vehicle type. The initiative was expected to generate around $1 billion annually to fund transit upgrades, including improvements to the city’s aging subway system.
Andrew Celli, a lawyer representing the City Club of New York, one of the groups suing the governor, called the judge’s ruling a victory for those advocating for the toll.
“What the judge did here is he said that congestion pricing will not be delayed by legal technicalities,” Celli said outside the courthouse. “That’s a huge victory for people that care about the law and people that care about congestion pricing.”
Governor’s Office Argues Economic Concerns
Governor Hochul paused the congestion fee earlier this year, citing economic concerns for local businesses and residents still recovering from the financial impacts of the COVID-19 pandemic. John Lindsay, a spokesperson for the governor, said late Friday that Hochul still believes “this is not the right time to implement congestion pricing.”
The governor’s decision has sparked significant backlash from groups like the Riders Alliance, Sierra Club, and the New York City Environmental Justice Alliance, who argue that her actions violate state laws and the constitution.
Legal Debate: Who Controls Congestion Pricing?
During Friday’s hearing, Celli argued that state lawmakers did not give the governor the authority to pause or delay the congestion fee when they passed the law in 2019. Instead, the responsibility for deciding when the fee takes effect was assigned to the Triborough Bridge and Tunnel Authority to keep the decision free from political influence.
“She doesn’t have the discretion,” Celli said, emphasizing that the legislature deliberately structured the law to remove gubernatorial control.
However, Alan Schoenfeld, representing Hochul and the state Department of Transportation, countered that the law also recognizes the critical role of the governor’s office and the DOT in the process. He argued that it was “demonstrably false” to suggest that lawmakers intended to give the tunnel and bridge authority unilateral control over congestion pricing.
Judge Expresses Frustration with Manhattan Traffic
Judge Engoron appeared skeptical of Schoenfeld’s arguments during parts of the hearing. At one point, he even joked about his own experience with Manhattan traffic while driving to the court. “Can’t anyone do something about that?” Engoron said, drawing laughter before continuing the proceedings.
