Two lawsuits seeking to force Gov. Kathy Hokul to implement congestion pricing should be dismissed because technically the controversial plan has never been stopped, the governor's lawyers say in new court filings.
That's the language issue that Hawkle's lawyers are using to try to persuade a Manhattan judge to dismiss a rival lawsuit filed against him by congestion pricing advocates.
Haukle famously slammed the brakes on a plan to impose a $15 toll on drivers entering Manhattan below 59th Street just before it was set to go into effect in June, arguing that the plan would unfairly burden people already struggling in a struggling economy.
She characterized the move as an “indefinite” suspension of the long-awaited proposal.
Her lawyers argue that a related lawsuit currently being filed against her “misinterprets state law” and “misinterprets Gov. Hokull's suspension as a final agency decision.”
“She has not said she intends to veto the project or that the moratorium will be permanent,” her lawyer said.
According to court documents, even if it were fair to call the “suspension” a de facto final decision, “any purported resulting damages are impermissibly speculative.”
The complaint says the lawsuits are being used “as a vehicle to challenge the wisdom of discretionary, non-final policy decisions made by administrative agencies” and seek to force the courts to take the cases to court over “differences of opinion.”
The lawyers say the “proper forum for arguing our differences is in the political sphere” and that opponents “can find solutions in the 'voting machine' rather than in the courts.”
But one of the plaintiffs, the Riders Alliance, a public transport advocacy group, called her claims “incoherent” and “shameful.” Its lawsuit alleges that Ms Hawkle violated state climate change laws by enforcing the “pause” and allowing more cars on the road.
“Her lawyers argue the suspension is 'temporary,' but the governor has said it is 'indefinite,' which by definition means it can be suspended permanently at the governor's whim.” The group posted on social media“To us, it sounds pretty arbitrary and capricious.”
Rep. Jerry Nadler, a supporter of congestion pricing, told The Washington Post that he thinks the plan “will move forward.”
Haukl's “indefinite suspension” has left $500 million worth of toll equipment gathering dust, and the MTA has also had to quickly change course on major construction and renovation plans because $15 billion in toll revenues is no longer certain.
The advocacy groups argue in their lawsuit that Haukle is mandated to implement congestion pricing and by “indefinitely suspending” it, he is condemning New Yorkers to a future of polluting, underfunded public transportation.
Sources say Haukle is considering a revised congestion charge that would include new fees and expanded exemptions for police officers, teachers and others, with details to be announced after the November election.
“Like the vast majority of New Yorkers, Governor Hawkle believes the time is not right for congestion pricing. We cannot comment on litigation,” Gov. Hawkle spokesman John Lindsay said Tuesday.
Additional reporting by Vaughn Golden
