On Thursday, July 25 2024, ECBAWM filed a lawsuit on behalf of the City Club of New York in New York County Supreme Court, arguing that it is unlawful for Governor Hochul to unilaterally halt the implementation of New York’s congestion pricing program, as enacted in the 2019 Traffic Mobility Act, passed by both houses of the State Legislature and signed into law by the then-governor.

The congestion pricing program was set to begin on June 30, 2024.  Beyond reducing traffic congestion and protecting the environment in significantly curbing emissions, congestion pricing was expected to add at least $15 billion to the MTA’s capital budget over the next three years, in addition to helping secure significant federal funding, all of which was earmarked for countless transit improvement projects, including expanding subway lines, improving accessibility with new elevator installations in subway stations, and upgrading outdated signal technology that causes severe subway delays. After years of planning and approvals from multiple layers of government, Governor Hochul unilaterally and without justification announced an “indefinite pause” to New York City’s congestion pricing plan just 3 weeks before it was meant to be implemented.

In a quote to a press release from NYC Comptroller Brad Lander’s website, ECBAWM partner Andrew G. Celli, Jr. said “Governor Hochul’s actions blocking congestion pricing are plainly unlawful and an egregious example of executive overreach. This lawsuit upholds the law as written and seeks to ensure that all public officials act within the scope of their authority. No one, not even a governor, is above the law.” ECBAWM’s lawsuit is one of a few seeking to challenge Governor Hochul’s authority to pause the project.

“The governor bucking the command of the Legislature does not serve New Yorkers who need better air, subways and traffic. This case will reorder the proper power sharing between the separate branches of state government,” said ECBAWM partner Richard Emery.

ECBAWM partners Richard Emery and Andrew G. Celli, Jr. and associates Nick Bourland, Eric Abrams, and Hafsa Mansoor are pursuing the lawsuit. Read the petition for the lawsuit here and watch the press conference announcing the filing here.

Press:
“City Club President Layla Law-Gisiko Announces Lawsuit Against Gov. Hochul,” The City Club of New York [VIDEO]
“Andrew Celli, Attorney representing the City Club of New York, in a lawsuit against Gov. Hochul,” The City Club of New York [VIDEO]
“NYC Comptroller Lander & Coalition of Advocates and Litigators Announce Two New Lawsuits Challenging Gov. Hochul’s Indefinite Pause of Congestion Pricing,” New York City Comptroller Brad Lander
“2 more congestion pricing lawsuits challenge Gov. Hochul’s authority to scrap the plan. Her team’s response? ‘Get in line,’” CBS News
“Lawsuits say NY Gov. Hochul had no right to stop MTA congestion pricing plan,” Daily News
“Congestion Pricing: Environmental and civic groups sue Hochul to force start of Manhattan toll program,” AMNY