A New York judge has refused Governor Kathy Hochul’s plea to dismiss lawsuits contesting her choice to suspend a newly proposed congestion fee for drivers entering Manhattan. Judge Arthur Engoron declined the request in a Manhattan court after hearing a few hours of arguments from transportation and environmental advocates backing the toll program. The tolling initiative, set to commence on June 30, aimed to charge drivers entering Manhattan’s core around $15, depending on the vehicle type, to raise approximately $1 billion annually for transit enhancements. Andrew Celli, an attorney for the City Club of New York, a group suing Hochul, stated that the judge’s decision allows the lawsuits to progress, compelling the governor to defend her actions in court. He emphasized the significance of prioritizing congestion pricing regardless of legal obstacles.
Alan Schoenfeld, representing Hochul and the state Department of Transportation, did not immediately provide a response upon request for comment. Opponents of the governor’s suspension include the Riders Alliance, the Sierra Club, and the New York City Environmental Justice Alliance. They contend that Hochul breached state laws and the constitution by indefinitely halting the fee shortly before its scheduled implementation, citing economic concerns due to the ongoing recovery from the pandemic.
During the court session, Celli argued that the legislature did not grant the governor’s office the authority to determine when the fee should be imposed, entrusting the final decision to the Triborough Bridge and Tunnel Authority to depoliticize the process. Conversely, Schoenfeld contested the assertion that lawmakers intended to solely delegate congestion pricing authority to the tunnel and bridge authority, noting the pivotal roles of the governor’s office and state DOT in the process. Engoron, the presiding judge, maintained a stern demeanor during the arguments, expressing skepticism towards Schoenfeld’s claims. He lightened the atmosphere at the outset of the session by commenting on the Manhattan traffic, prompting some laughter among attendees.
Dror Ladin, a lawyer from Earthjustice representing some of the groups opposing Hochul, emphasized the adverse effects following the governor’s decision to halt the congestion fee. He pointed out increased traffic congestion, negative health impacts from air pollution, and delays in crucial transit system upgrades as consequences of the suspension. Ladin highlighted the tangible harm experienced by New Yorkers due to the extended delay in implementing congestion pricing. The legal battle over congestion fees is expected to continue, with both sides preparing to present their cases in court for further consideration.
