Strong supporters of congestion pricing plan to sue Gov. Kathy Hawkle over her last-minute suspension of what would be the first-in-the-nation initiative, according to two draft lawsuits obtained by The Washington Post on Wednesday.
The two lawsuits, which are scheduled to be filed in Manhattan Supreme Court on Thursday, will mark the first legal challenge to Governor Hawke’s decision to reverse the plan just days before it imposed a $15 toll on drivers entering Manhattan below 60th Street, according to sources.
One of the lawsuits will be brought by the Riders Alliance and the Sierra Club, while the other will be pursued by the New York City Club, according to the draft.
Both lawsuits by nonprofit groups allege that Hokul violated the law when he unilaterally announced his indefinite suspension in June.
“While the Governor wields great power, he lacks any legal authority to ‘direct’ the MTA to suspend the (Central Business District Tollway program), much less to do so directly in the exercise of his authority as the state’s chief executive,” the City Clubs’ lawsuit states.
According to the lawsuit, the state law that enacted congestion pricing in 2019 gave authority over congestion pricing exclusively to the MTA’s sister agencies.
“The Governor has no say in this matter. That is the law,” the draft states.
The Riders Alliance and Sierra Club lawsuit alleges that Hawkle violated state climate change law and the Constitution by depriving New Yorkers of their right to clean air, a goal that congestion pricing aims to achieve by reducing traffic in Manhattan.
The complaint obtained by The Washington Post is still in draft form, so other plaintiffs could join the suit.
Auditor Brad Lander is expected to announce “significant legal developments” that may be related to the litigation Thursday morning.
Lander, a left-leaning Democrat who is considering a run for mayor, held a press conference in June with the Riders Alliance and a coalition of congestion charge advocates to outline the potential lawsuit.
“This sudden, and likely illegal, policy reversal has done a disservice to many New Yorkers who have a right to world-class public transportation that works for all, something that has long been promised to all of New York,” he said at the time.
“This broad coalition of legal experts and potential plaintiffs will act to ensure that congestion pricing is implemented swiftly and securely, even if it means going to court.”
