We’re Suing New York State for Blocking its Traffic Relief Law

Bright lights. Big city. And lots of traffic.

New York City’s relentless traffic congestion will continue to clog the streets and New Yorkers’ lungs with toxic air after the state’s governor recently blocked the state’s groundbreaking plan to reign in traffic and improve air quality.

Thanks to years of advocacy by transit riders, unions, and clean air activists, state regulators passed congestion pricing legislation in 2019. The pricing plan would reduce traffic by charging drivers for entering traffic-heavy zones, using that money to fund public transit projects. New Yorkers and tourists were finally about to get cleaner air, safer streets, and improved public transportation.

But just before the plan was about to go into effect in late June, Gov. Kathy Hochul announced an “indefinite pause.” A month later, Earthjustice sued Gov. Hochul and the state of New York over the decision. The lawsuit argues that by blocking the plan, the governor and the state violated the state’s own groundbreaking Climate Act as well as its constitution, which guarantees each person in New York a right to “clean air and water, and a healthful environment.”

Each day, nearly one million vehicles enter lower Manhattan’s business district. The congestion pricing plan, which would charge a toll to vehicles entering lower Manhattan, would result in a reduction of over 100,000 fewer vehicles entering the zone each day, relieving crowding in what is today the most congested district in the United States.

By reducing traffic overall, congestion pricing would help clean up New York City’s air and save lives: traffic fumes are responsible for more than 1,000 premature deaths in the city annually and are linked to illnesses like asthma and heart disease. The governor’s decision to block congestion pricing means all that traffic — and its harmful air pollution — is still stuck in the city.

In addition to the air quality and public health improvements, the congestion pricing program provides huge benefits for everyday New Yorkers. The vast majority (85%) of commuters who work in Manhattan already take public transit, and congestion pricing helps fund needed upgrades like extending existing subway lines, installing elevators and other accessibility improvements to ensure that even more New Yorkers can take advantage of this cleaner, more sustainable form of transportation.

The city’s transit system — now more than a century old — is badly in need of these upgrades. Each day, it moves millions of riders across the city, shuttling tourists, residents, and employees everywhere from downtown Manhattan to the outer reaches of the Bronx and Queens. Yet according to the Riders Alliance, a membership organization of subway and bus riders in New York City, the subway system is crumbling and built with outdated technology, the city’s buses are some of the slowest in America, and the public transit system writ large is still “shamefully inaccessible” to those with mobility issues. Withholding funding from the nation’s most vital transit system by blocking the congestion pricing plan will worsen these issues, hitting hardest the people most in need of public transit to get to school and work.

But the majority of folks living in and visiting New York could also suffer consequences of Gov. Hochul’s decision. For example, to make up for the budget shortfall caused by blocking the congestion pricing plan, it’s likely that planned accessibility upgrades will be cancelled, and new fare hikes and additional service cuts will be needed to cover the unplanned costs of running old, unreliable trains and buses. In addition, with so many current and future Metropolitan Transportation Authority (MTA) projects suspended due to lack of funding, 100,000-plus well-paying jobs in New York are now in jeopardy.

“New Yorkers need air we can breathe, a transit system that works for all of us, and a planet that’s safe for our children,” says Earthjustice attorney Dror Ladin. “Last weekend we broke the record for the hottest day in history, and congestion pricing is essential for reducing the fumes flowing out of our bumper-to-bumper traffic before our city becomes unlivable. The law and our state constitution are clear that the governor can’t just decide to take it all away.”

Earthjustice’s lawsuit against the governor and state for blocking the plan was filed on behalf of Riders Alliance, the New York City Environmental Justice Alliance, and the Sierra Club. It is part of our broader work fighting for a safe, just, and healthy environment for everyone.