Joshua J. Friedman: Here's the most in-depth legal analysis of the congestion-pricing situation I've seen, by NYU law prof Rick Hills: "As a matter of constitutional principle, it is perverse to construe a federal statute to give governors the power to shut down state law."

NEW: NYC comptroller Brad Lander has assembled a collection of advocates and attorneys to develop a legal strategy to force NY to implement congestion pricing. Press conference tomorrow. (gift link)

Opponents of Hochul’s Move to Halt Congestion Pricing May Go to Courtwww.nytimes.com The New York City comptroller, Brad Lander, and a group of stakeholders have developed a legal strategy to overturn Gov. Kathy Hochul’s shutdown of the Midtown toll program.

Here's the most in-depth legal analysis of the congestion-pricing situation I've seen, by NYU law prof Rick Hills: "As a matter of constitutional principle, it is perverse to construe a federal statute to give governors the power to shut down state law."

PrawfsBlawg: Can Governor Hochul Use Federal Law to Stall New York’s Congestion Pricing Program?prawfsblawg.blogs.com

At NYC comptroller Brad Lander's press conference—happening now—Columbia professor and environmental lawyer Michael Gerrard says they expect to file the first lawsuit in defense of the congestion-pricing plan within “a couple of weeks” (via Evan Simko-Bednarski, NYDN)

The broad coalition in favor of congestion pricing includes not only Transportation Alternatives and Riders Alliance but also the Partnership for New York City, a coalition of business leaders directed by Kathryn Wylde (via Evan Simko-Bednarski, NYDN)

Possible legal avenues to get the congestion-pricing plan back on track, from a Brad Lander handout (no doubt the full handout will be posted online later)(via @davecolon.bsky.social of @streetsblognyc.bsky.social)

NYC comptroller Brad Lander's press conference for a coalition of advocates, lawyers, and business leaders who want to save congestion pricing (photo via @transalt.org)

Press release now here comptroller.nyc.gov/newsroom/nyc...

Did they say why it will take “a couple of weeks”?

The audio isn't working on the video feed, so I can't hear it myself, but I suspect "within a couple of weeks" means the maximum amount of time and they're shooting for ASAP

Chanting “mandamus, mandamus, MANDAMUS, MANDAMUS“ as we approach the courthouse steps

I liked this sentence in particular (Alternatively, Polly Trottenberg, Deputy Secretary of USDOT, could save everyone a lot of trouble just by sending a tolling agreement with only three signature lines — one each for the MTA, the City of New York, and the FHWA)

There would be so many of us lost in the dark without your insights and excellent links. Thank you for being here, Joshua!

This is so kind of you to say! I really appreciate it

Well, if nothing else, as a Democrat, she's sending a bad message. Did she not read Timothy Snyder's book? Rule 1 is DO NOT OBEY IN ADVANCE! Don't give the Republicans any ideas about letting the Supreme Court overrule state laws just for fun.

one thing that's still not clear: why has the FWHA still not delivered the agreement to sign? isn't that incredibly suspicious, given that congestion pricing was supposed to start in just a few weeks?

I don't know, but FWIW it doesn't necessarily strike me as suspicious. Maybe it's always the last thing you do when you want to turn the tolls on. Not sure. But it doesn't take long to sign a form, and there are weeks left.

I guess I'm just concerned that since there are rumors this came from higher up, and Buttiegieg hasn't said a word (AFAICT), Hochul might not be the only problem

Huh. I hadn't heard rumors about any doubt on the part of the feds, and this surprises me! Do you recall where you heard this?

I've seen a lot of folks speculating that this was the result of Hakeem Jeffries (and maybe Schumer) worried that Democrats would lose close House races again, costing Democrats the House again. I don't think any of that has been proven, but it's been speculated pretty widely

Post