Congestion Pricing in the Courts, Part 2: Questions of State Power and Process

This article analyzes the litigation challenging Governor Hochul’s pause of the New York congestion pricing program and explores how these cases raise questions of state governance and state law, including: Who gets to determine the fate of New York’s congestion pricing program? What legislative, administrative, and judicial processes must be followed to ensure democratic legitimacy and good governance? And what do current decision-makers owe to future generations? Reprinted with the permission of the New York State Bar Association (c) 2024.