New York, NY — Governor Kathy Hochul’s decision to temporarily halt congestion pricing has led to legal battles, prompting the governor to enlist the services of Boyd Johnson, a high-profile attorney known for representing New York City Mayor Eric Adams in a federal campaign finance investigation. Johnson, a partner at Wilmer Cutler Pickering Hale and Dorr LLP, specializes in white-collar defense and has become a significant figure in legal circles involving government leadership.
Hochul’s office officially retained Johnson on August 15, a move that came after the state’s Attorney General Letitia James indicated a conflict of interest that barred her from representing the governor in these cases. Johnson’s hiring has had its critics who see a convergence of complex issues involving state law and significant policy initiatives.
The legal controversy stems from Hochul’s June 5 decision to pause the implementation of a tolling program in lower Manhattan designed to decrease traffic and fund substantial upgrades to the mass transit system. This pause has sparked multiple lawsuits, including one from the City Club of New York, which claims the governor violated a 2019 law mandating the initiation of congestion pricing.
Additionally, groups such as the Riders Alliance and the New York City Environmental Justice Alliance argue that the postponement breaches the state’s mandates to reduce greenhouse gas emissions under the Climate Leadership and Community Protection Act. Critics highlight that the anticipated toll was expected to reduce traffic by 17%, thereby cutting emissions and aligning with New York’s environmental commitments.
Reflecting on the legal complications, John Kaehny, executive director of the watchdog group Reinvent Albany, explains, “The Attorney General’s office finds itself in a challenging position, defending the law’s initial passage while also respecting the governor’s current legal standpoints, which diverge from past defenses of the legislation.”
Johnson’s prior collaborations with New York’s governors — he has represented the Executive Chamber before, including in a probe concerning Hochul’s predecessor, Andrew Cuomo — add another layer of experience to his hiring. His broad career also includes serving as the lead prosecutor in former Gov. Eliot Spitzer’s 2008 case and as general counsel for Soros Fund Management.
Despite controversies, Hochul defends the congestion pricing pause as necessary economic relief for New Yorkers suffering financial hardships, insisting it has no political motivations related to potential electoral implications for the Democratic Party.
As the congestion pricing plan hangs in balance, the halted improvements include major propositions like extending the Second Avenue Subway and modernizing aged subway signals. The plan’s suspension jeopardizes not only $16.5 billion in direct investments but also federal grants poised to enhance transit accessibility for disabled persons.
Critics find it noteworthy that Hochul has engaged a criminal defense attorney for a largely administrative law matter. Daniel Pearlstein of the Riders Alliance pointedly noted the choice might reflect the seriousness with which Hochul takes the unfolding lawsuits against her administration.
As debates and legal battles unfold, Hochul contemplates adjustments to the congestion pricing scheme, signaling potential compromises like reduced toll rates and exemptions for certain city workers, a strategy that might quell some dissent while keeping fundamental environmental and transit funding goals on track.