On Friday, September 27, 2024, New York County Supreme Court Justice Arthur F. Engoron denied Governor Kathy Hochul’s motion to dismiss a lawsuit filed by ECBAWM on behalf of the City Club of New York and Manhattan residents, challenging Governor Hochul’s unlawful unilateral halting of the implementation of New York City’s Congestion Pricing program.   This ruling clears the way for an order of mandamus, directing the New York State Department of Transportation to proceed with a Tolling Agreement with the federal government—the last step in the years-long process for implementing Congestion Pricing.

Congestion Pricing, which was created by the State Legislature and signed into law by the then-governor in 2019, was set to begin on June 30, 2024, and is designed to reduce traffic congestion, curb emissions, and generate billions of dollars in revenue for public transit.  On June 5, 2024, after backing the program for years, Governor Hochul suddenly withdrew her support for Congestion Pricing and unilaterally halted the roll-out of the program, leaving New Yorkers stuck in traffic and a massive hole in the MTA’s budget.  On July 25, 2024, ECBAWM filed a lawsuit in New York County Supreme Court, arguing that it is unlawful for the Governor to unilaterally stop Congestion Pricing, which is required under state law to start on the date selected by the Triborough Bridge and Tunnel Authority.

ECBAWM partner Andrew G. Celli, Jr. remarked: “After decades of grassroots advocacy and democratic debate, the Legislature determined that Congestion Pricing will help reduce the City’s gridlock and air pollution and generate sorely needed funds for the MTA.  Today’s victory makes clear that the Governor’s unlawful attempt to thwart the will of the Legislature and kill Congestion Pricing is subject to judicial review.  We are pleased that this effort to protect this vital program will proceed and look forward to our next day in court.”

The Petitioners are represented by ECBAWM attorneys Andrew G. Celli, Jr., Richard D. Emery, Nick Bourland, Eric Abrams, and Hafsa S. Mansoor.

Press:
“Legal Fight to Revive Congestion Pricing Can Proceed, Judge Rules,” NYTimes
“Judge calls Manhattan traffic ‘terrible,’ allows congestion pricing lawsuits to proceed,” Gothamist
“NYC judge denies Gov. Hochul effort to dismiss congestion pricing reinstatement suits,” NY Daily News