Three Leading Grassroots Organizations of Transit Riders, Environmental Advocates, and Environmental Justice Community Groups Sue Governor Hochul and the State of New York on Congestion Pricing Block

On Thursday, Riders Alliance, the New York City Environmental Justice Alliance, and the Sierra Club filed a lawsuit against New York Governor Hochul and the State of New York urging the court to declare the governor’s actions unlawful, thus lifting the block on the Congestion Pricing program. The challenge, filed by Earthjustice, in the Supreme Court of the State of New York, New York County details the violations of New York’s transformative Climate Leadership and Community Protection Act (CLCPA) and the New York State Constitution’s Article 1, Section 19, the “Environmental Rights” provision.

The New York State Legislature passed the Congestion Pricing program that became law in 2019 to address the safety hazards, poor air quality, and clogged streets caused by extensively congested traffic, and to promote and improve public transit with funds from tolls. The program was set to funnel an estimated $1 billion to the Metropolitan Transportation Authority (MTA) annually — for projects like extending the Second Avenue Subway to West Harlem, installing elevators and accessibility improvements at stations that don’t have them, upgrading outdated signals, and keeping the system in a state of good repair.

At the 11^th hour, before the start date of June 30, 2024, Governor Hochul announced an “indefinite pause” of the program which immediately brought concerns to Riders Alliance, the New York City Environmental Justice Alliance, and the Sierra Club members who are in need of relief from the air pollution and traffic congestion, and the major MTA improvements such as elevators and faster subway services.

Legal Claims:

The same year the Congestion Pricing law was passed, so was the nation-leading Climate Leadership and Community Protection Act, which requires the state to rapidly reduce its greenhouse gas emissions and transition to a clean energy economy. Specifically, the CLCPA requires that by 2030 greenhouse gas emissions be reduced 40% from the level they were at in 1990, and that by 2050 emissions be reduced 85% from the 1990 level, across all sectors of the economy.

Instead of reducing greenhouse gas emissions as required, the governor’s decision increases them. Every day the governor keeps her block on congestion pricing in place, she increases vehicle miles traveled in New York state by an estimate of over 400,000 miles each day. That means thousands of additional tons of climate heating gases like carbon dioxide are released every single day due to her decision.

The governor’s decision also violates the state Constitution, which was amended by the state legislature and the people of New York in 2021 to guarantee each person in New York a right to “clean air and water, and a healthful environment.”

The legislature specifically found that congestion pricing would help New Yorkers achieve cleaner air, because traffic fumes are responsible for more than 1,000 premature deaths in the city every year. But the governor’s decision keeps congestion pricing offline, and congested traffic is still stuck in the City. The fumes emitted by the nearly one million vehicles that enter Manhattan’s central business district (CBD) each day have been tied to illnesses such as asthma and heart and lung diseases. The program would reduce overall particulate matter levels in the CBD by 11% and fine particulate matter (PM 2.5) by 10.49%, both harmful pollutants.

“Subway and bus riders won congestion pricing and we’re not giving up our victory just because Governor Hochul broke the law,” said Riders Alliance Executive Director Betsy Plum. “After years of working closely with the governor and MTA to start the program, her betrayal of public transit left us no choice but to go to court. We’re filing today’s case because congestion pricing will be a win-win-win for all New Yorkers, with better transit, freer flowing traffic and the quality of the air we breathe. We’re grateful for the good company and hard work of our fellow plaintiffs, our attorneys at Earthjustice, Comptroller Lander and his team.”

“New York City suffers from the world’s worst traffic congestion, which further exacerbates transportation emissions — the city’s second largest source of emissions after buildings,” said Wayne Arden, Vice Chair of the NYC Sierra Club Group’s Executive Committee. “London, Milan, Singapore, and Stockholm have implemented congestion pricing and have greatly benefited from lower emissions, increased funding for mass transit, and fewer traffic accidents and resulting injuries. The governor does not have the power to cancel congestion pricing and the Sierra Club is proud to be one of many groups challenging this political misstep. Our legal duty to address the enormity of the climate crisis requires restoration of the congestion pricing program without delay.”

“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,” said Dror Ladin, Senior Attorney at Earthjustice. “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.”

Examples of congestion pricing around the world have proven to be successful in reducing greenhouse gas emissions, relieving traffic congestion and improving safety like in Singapore, London, and Stockholm.

Two lawsuits were filed on Thursday challenging Gov. Hochul’s indefinite pause of congestion pricing, the other cited Article 78 of NY Civil Practice Law and Rules as it provides an avenue to challenge the states failure to implement congestion pricing, as required by legislation passed in 2019.

Groups urge the court to lift the Congestion Pricing program block so that the signed law can continue its course in providing relief to New Yorkers. The Congestion Pricing program already has tracks strategically set in place for the benefit of all commuters. With funding and improvements to public transit, more transit riders leads to fewer cars on the streets, and fewer cars means less traffic and air pollution.

About the New York City Environmental Justice Alliance: Founded in 1991, NYC-EJA is a non-profit, citywide membership network linking grassroots organizations from low-income communities of color in their struggle for environmental justice. We empower our member organizations to advocate for improved environmental conditions and against inequitable burdens through the coordination of campaigns designed to inform City and State policies. Through our efforts, our members coalesce around specific common issues that threaten the ability for low-income communities of color to thrive.

Riders Alliance is fighting for a world-class public transit system that meets the everyday needs of all New Yorkers and takes us toward a more equitable city and sustainable future.

Sierra Club Atlantic: We are the oldest grassroots environmental organization in New York. We believe our open spaces, clean water, and natural resources should be protected so that current and future generations may enjoy them. Our state chapter office is in Albany, where our Chapter staff work on the Chapter’s priorities.