Government Briefs 11.02.17

New York State

Thiele Supports Intent to Sue E.P.A. 

Assemblyman Fred W. Thiele Jr. announced that he supports Gov. Andrew M. Cuomo and Attorney General Eric Schneiderman’s move to file a notice of intent to sue the Environmental Protection Agency for violating the federal Clean Air Act by failing to curb ground-level ozone (or smog) pollution that blows into New York from upwind states. 

At least one in three New Yorkers breathes air with unhealthy levels of smog pollution, with some analyses placing it as high as two in three New Yorkers, according to Mr. Thiele. The E.P.A.’s own studies demonstrate that pollution from states upwind of New York contributes substantially to the state’s smog problem. Specifically, New York is asking that the E.P.A. require sources in five states — Illinois, Michigan, Pennsylvania, Virginia, and West Virginia — to do their fair share to address pollution affecting New York. 

In 2015, the E.P.A. determined that the planned actions of 24 states, including several upwind of New York, would not sufficiently and collectively reduce pollution emissions to ensure that federal smog health standards could be met and sustained in New York. This determination triggered a two-year deadline under the Clean Air Act for the E.P.A. to adopt federal implementation plans for these upwind states. Despite this statutory deadline, the E.P.A. has to date failed to adopt these mandated plans. 

Per a requirement of the Clean Air Act, Mr. Schneiderman informed Scott Pruitt, the E.P.A. administrator, that unless the agency fulfills its mandatory duty under the “good neighbor” provisions within 60 days, he will sue them to compel compliance.

Cuomo Signs F.A.A. Referendum Law

Gov. Andrew M. Cuomo has signed legislation that will require any future long-term financial agreements between the East Hampton Town Board and the Federal Aviation Administration to be subject to a permissive referendum, giving the community a voice in whether to accept federal money and regulations as it relates to East Hampton Airport.

Federal aviation grants can last up to 20 years, resulting in a long-term impact on the community when they are accepted. The law addresses this by entrusting authority to both the town board and residents. It allows the town board to hold a permissive referendum when considering state or federal assistance for the town-owned airport. It also gives residents the right to petition the town for a referendum, should the board accept a grant and withhold putting it out to a public vote. The petition must be signed by at least 5 percent of residents who voted in the last gubernatorial election and submitted within 30 days of the board having adopted the measure. 

“I am pleased the governor signed this measure, which puts the decision-making power regarding F.A.A. funds back into the hands of the community,” Assemblyman Fred W. Thiele Jr. said in a statement. “Town board members have terms that last only four years. Therefore, it’s important that voters also have a say on these agreements that will impact them for years to come.”

State Senator Kenneth P. LaValle also supports East Hampton’s efforts. The new law, he said in a statement, “enables the residents to decide by referendum whether to accept financial assistance from other levels of government. The new decision-making ability would enable the community of East Hampton to chart their own course.”

The law takes effect immediately.