Judge denies Hochul's bid to toss pro-congestion pricing lawsuits

A pair of lawsuits looking to force congestion pricing to be enacted over the objections of Gov. Kathy Hochul can go forward following a ruling Friday from a judge who suggested Hochul tried to "backdoor" a veto to the tolling plan.

At a Manhattan court hearing Friday, State Supreme Court Judge Arthur Engoron promptly denied a motion from Hochul’s attorneys to dismiss the lawsuits filed by several transit advocacy and environmental groups, who have argued that the governor acted outside of her authority when she ordered an indefinite pause to the Metropolitan Transportation Authority’s congestion pricing plan, three weeks before it was set to take effect.

The plan would have charged most vehicles a new $15 toll for driving below 60th Street in Manhattan during peak periods, with the revenue going to fund transit investments. Hochul, a past supporter of the measure, ultimately decided the $15 price was too high.

But that wasn’t her call, according to plaintiffs’ lawyers, who argued in court that the congestion pricing plan was passed into law in 2019 and had fulfilled all legal requirements and was waiting only on a "ministerial" sign-off by the state’s Department of Transportation commissioner.

"They spent half a billion getting the infrastructure up and running ... everything was ready," said attorney Andrew Celli, who represents the nonprofit City Club of New York.

Celli noted that, under the law that created the state’s congestion pricing plan, the cost of the tolls and the date they would be implemented were up to the MTA, acting in its capacity as the Triborough Bridge and Tunnel Authority.

"She doesn’t have the authority. It’s a legal question. It’s not a political question," Celli said.

A lawyer for the Sierra Club also argued that Hochul’s decision went against state climate laws by failing to protect New Yorkers from harmful emissions without justification.

But Hochul’s lawyer, Alan Schoenfeld, argued "there is nothing in the statute ... that [restricts] the governor or the state DOT discretion in any way."

Even after the MTA completed its environmental study for the plan and installed all the needed hardware, final approval from federal authorities still required a signature from the state DOT commissioner, Schoenfeld noted. Asked by Engoron whether Hochul — once a vocal supporter of congestion pricing — had any objection to the plan, Schoenfeld said, "The Governor has an issue with the $15 toll."

Engoron suggested that, by holding up the DOT’s sign-off, Hochul was "backdooring a veto" to the plan — a notion Schoenfeld rejected.

"I don’t think this is a block. This is a pause," he said. "We’re not talking about killing the bill."

After hearing both sides for about two hours, Engoron denied Hochul’s motion to dismiss the case, clearing the way for the suits to move ahead.

Outside of court, Celli called it "a great victory for New Yorkers," including those with disabilities who are counting on the congestion pricing revenue to fund accessibility improvements in the transit system.

"The governor got way out over her skis here. And today was a clear statement that she better get back on them," plaintiffs’ attorney Richard Emery said.

Congestion pricing supporters behind the lawsuits are pushing for the courts to eventually force the new tolling system to be switched on. Proponents say the measure, the first of its kind in the United States, will reduce traffic and improve air quality.

Celli said he hopes Engoron’s ruling will lead to Hochul realizing "it’s time to set aside the pause and go forward with congestion pricing."

Before the hearing got underway, Engoron signaled his own frustration with the "terrible" traffic he encountered on the way to court Friday morning.

"Can’t somebody do something about that?" he asked jokingly.

In a statement, Hochul spokesman John Lindsay said, "Like the majority of New Yorkers, Gov. Hochul believes this is not the right time to implement congestion pricing. We can't comment on litigation."

MTA officials declined to comment on the judge's ruling.

On Wednesday, MTA chairman and CEO Janno Lieber said the transit authority has "no opinion about whether the governor's action is legal under state law." He added the MTA "would proceed with" congestion pricing as soon an agreement could be reached.

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.