Attorney General James and Multistate Coalition Support EPA Finding on Danger of Plane Fuel

 

 New York Attorney General Letitia James joined a multistate coalition of 12 attorneys general in supporting the proposed finding of the Environmental Protection Agency (EPA) that emissions from leaded aviation gasoline (avgas) in piston-engine planes cause or contribute to air pollution that endangers public health and welfare. If finalized, the long-overdue finding will require EPA to implement lead emission standards and regulations for piston-engine planes under the Clean Air Act, and require the Federal Aviation Administration (FAA) to establish aircraft fuel standards that are consistent with the aircraft lead emission standards. In the comment letter, the attorneys general urge EPA to swiftly finalize its proposed finding and begin the rulemaking process to protect the public — especially environmental justice communities near airports for piston-engine planes — from exposure to lead air pollution.

“Hundreds of thousands of New Yorkers live within two miles of airports that spew tons of dangerous lead into their communities every year,” said Attorney General James. “Recognizing that leaded aviation fuel is a significant threat to public health is a big step towards eliminating this threat through proper regulation and oversight from federal officials. I am proud to join my fellow attorneys general in supporting EPA in this long-overdue action. We need government to address this problem and ensure New Yorkers, and all Americans, are protected from lead poisoning.” 

Leaded avgas is the only remaining lead-containing transportation fuel, and its combustion is the single largest contributor of airborne lead emissions in the United States. Prolonged, and even short-term lead exposure can cause memory loss, nausea, fatigue, and increase the risk of developing hypertension, heart disease, kidney disease, and infertility. Lead exposure is particularly dangerous for children, whose developing brains and nervous systems are more sensitive to its damaging effects. The impacts of lead exposure in children include behavioral issues, slowed body growth, reduced IQ, and a predisposition to depression, anxiety, or high-risk behavior. There is widespread scientific consensus that there is no safe level of lead exposure for children. 

Small piston-engine planes powered by leaded avgas are estimated to release more than 13,000 pounds of lead in New York’s environment and communities each year, and are the greatest source of air emissions of lead in the state. Almost 300,000 New Yorkers live within 1.5 miles of one of the 18 highest lead-emitting airports in New York state. Ten of the airports have at least one elementary school located within 1.5 miles from their runways and nearly 6,000 children attend the 14 elementary schools within these areas. The communities surrounding the 18 highest-emitting airports are also often disproportionately composed of low-income residents and people of color. Over 40 percent of these airports are located in or near areas identified by the New York State Department of Environmental Conservation as potential environmental justice areas.   

Much, if not all, of the lead emissions from piston-engine planes could be avoided. In 2014, the FAA launched the Piston Aviation Fuels Initiative to speed up the “deployment of the most promising unleaded replacements,” but despite FAA’s certification of various unleaded fuels, including two recent fuel replacements suitable for nearly all piston-engine planes, these unleaded aviation fuels have not successfully penetrated the market. Less than three percent of U.S. airports that service piston-engine planes sell unleaded alternatives. 

In the comment letter, the attorneys general support EPA’s proposed finding, urge the agency to swiftly issue a final endangerment determination, and initiate a rulemaking to regulate lead emissions from avgas. In the comment letter, the attorneys general note that leaded avgas is a significant and preventable source of airborne lead pollution and that states have a vested interest in protecting their residents from the public health harms associated with exposure to lead pollution from piston-engine planes that use leaded avgas. The attorneys general also urge EPA to swiftly finalize its proposed finding and address the serious public health and environmental justice harms posed by avgas in a rulemaking for aircraft lead emissions. 

Joining Attorney General James in submitting today’s comment letter are the attorneys general of California, Connecticut, the District of Columbia, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Pennsylvania, Vermont, and Wisconsin. 

Bronx Man Convicted In Connection With June 2022 Shooting Of Man In Elevator

 

Damian Williams, the United States Attorney for the Southern District of New York, announced the conviction in Manhattan federal court of STEPHEN SIMMONS, a/k/a “S-Dot,” for possessing ammunition that he used to shoot a man in the leg on June 16, 2022.  The jury convicted SIMMONS following trial before U.S. District Judge Valerie E. Caproni. 

U.S. Attorney Damian Williams said: “Stephen Simmons possessed ammunition in furtherance of a violent shooting in the elevator of a residential apartment building.  Residents of the Bronx should rest easier tonight knowing that this dangerous recidivist is off the streets.”

According to the allegations contained in the Indictment and the evidence presented during the trial:

On June 16, 2022, SIMMONS chased a man into the elevator of a large apartment building in the Bronx.  SIMMONS stood just feet away and fired his gun into the elevator while three individuals stood trapped inside.  SIMMONS’s shot hit the victim in the leg, and the victim was thereafter transported to the hospital for emergency medical attention.  SIMMONS fled the scene and was subsequently arrested on July 22, 2022.

At the time of the June 16, 2022, shooting, SIMMONS had been previously convicted of a felony.

SIMMONS, 37, of the Bronx, New York, was convicted of one count of being a felon in possession of ammunition, which carries a maximum penalty of 10 years in prison. 

The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.  SIMMONS is scheduled to be sentenced by Judge Caproni on May 9, 2023.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation, the New York City Police Department, and Task Force Officers assigned to the United States Attorney’s Office.

Amazon Cited By OSHA Based On SDNY Referrals For Serious Violations That Exposed Workers To Safety Hazards

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health, announced that the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued citations for three facilities to AMAZON.COM SERVICE LLC (“AMAZON”) arising out of referrals received from the United States Attorney’s Office for the Southern District of New York (the “Office”). 

These citations are for serious violations of Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”) for AMAZON’s failure to furnish a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees.  Specifically, the citations explained that employees at three AMAZON facilities were exposed to ergonomic hazards which put them at high risk for lower back injuries and other musculoskeletal disorders (“MSDs”).  These hazards resulted from the high frequency with which workers are required to lift packages and other items; the heavy weight of the items; awkward postures, such as twisting, bending, and long reaches while lifting; and long hours required to complete assigned tasks.  These facilities are located in New Windsor, New York, Waukegan, Illinois, and Deltona, Florida. Additionally, at the Deltona, Florida, warehouse, OSHA also cited AMAZON for exposing workers to the hazard of being struck by falling boxes with merchandise. 

U.S. Attorney Damian Williams said: “Amazon became the nation’s largest online retailer thanks, in no small part, to the hundreds of thousands of Americans who work each year in Amazon’s massive warehouses.  Each of these workers has the right to a place of work free from severe safety hazards.  These citations are a step toward protecting the hard-working people at Amazon’s warehouses who have been laboring under hazardous conditions.  OSHA’s investigation regarding workplace safety hazards at Amazon warehouses continues.  And our Office is investigating possible fraudulent conduct designed to hide injuries from OSHA and others.  We ask that anyone who has information relevant to this investigation contact the U.S. Attorney’s Office.” 

OSHA Assistant Secretary of Labor Douglas L. Parker said: “Each of these inspections found work processes that were designed for speed but not safety, and they resulted in serious worker injuries.  While Amazon has developed impressive systems to make sure its customers’ orders are shipped efficiently and quickly, the company has failed to show the same level of commitment to protecting the safety and well-being of its workers.  Our hope is that the findings of our investigations inspire Amazon and other warehouses to make the safety and health of their workers a core value.”

These citations arise out of workplace safety inspections at six AMAZON warehouses across the country that OSHA conducted beginning in mid-July and early August of last year in response to referrals received from the Office.  OSHA’s investigation at three of AMAZON’s facilities — located outside of Albany, New York, Boise, Idaho, and Denver, Colorado — is ongoing.  Per the OSH Act, OSHA has six months from a violation to issue citations.  In mid-December, OSHA issued citations for AMAZON’s failure to appropriately log injuries for reporting to OSHA at all six facilities. 

The Civil Division of the Office is also investigating worker safety hazards at AMAZON warehouses across the country, as well as whether AMAZON engaged in a fraudulent scheme designed to hide the true number of injuries to AMAZON workers and whether AMAZON made false representations to lenders about those injuries and its safety record to obtain credit.

Members of the public can report workplace safety and injury-related issues at AMAZON warehouses to this Office.  Anyone who has information about safety issues — including safety issues related to the pace of work — or a failure to report injuries, or inadequate medical care at AMAZON’s onsite first-aid center or at a clinic recommended by AMAZON can share that information with this Office via the following link: https://www.justice.gov/usao-sdny/webform/sdny-amazon-warehouse-investigation.

NYS Office of the Comptroller - DiNapoli: State Tax Receipts Exceed Latest Projections by $7.7 Billion

 

State tax receipts totaled $79.8 billion through the third quarter of State Fiscal Year (SFY) 2022-23, exceeding the latest projections from the Division of the Budget’s (DOB) Mid-Year Update to the State Financial Plan by nearly $7.7 billion, according to the monthly State Cash Report released by State Comptroller Thomas P. DiNapoli. “Tax collections continued to exceed projections through December,” DiNapoli said. “However, concerns of an economic downturn and a cloudy revenue picture continue to create uncertainty. These conditions reinforce the importance of increasing rainy day reserve funds on or ahead of the schedule proposed in the Financial Plan.”  Personal income tax (PIT) receipts totaled $42.1 billion and were $8.1 billion above the latest financial plan projections through Dec. 31. However, PIT receipts were $6.9 billion lower than the same period in SFY 2021-22. This reflects two fewer collection days from the prior year as well as higher refunds from credits associated with the Pass-Through Entity Tax (PTET) and property tax relief. Year-to-date consumption and use tax collections totaled $15.5 billion, including $14.3 billion from sales and use taxes, which were 4.6% or $679.5 million higher than the same period last year, and $85.7 million higher than anticipated by DOB. Business taxes totaled $19.3 billion, $1 billion or 5.5% higher than the prior fiscal year, but $761.1 million below DOB’s latest financial plan projections. PTET collections in Dec. 2022 were $443 million lower than those received in Dec. 2021. All Funds spending through December totaled $149.3 billion, which was $7.8 billion, or 5.5%, higher than last year for the same period. All Funds spending through December was $120 million lower than DOB’s latest projection primarily due to lower than anticipated capital projects spending. The State’s General Fund ended December with a balance of $49.4 billion, $9.7 billion higher than projected and just under $18.8 billion higher than last year at the same time, primarily due to PTET collections, higher than anticipated tax collections and lower than anticipated capital projects spending. Report December Cash Report Related Report State Fiscal Year 2022-23 Enacted Budget Financial Plan Report

NEW YORK CITY SUPPORTS NEW YORK STATE IN FIGHT AGAINST GUN VIOLENCE

 

New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds-Radix took action to protect New Yorkers from gun violence. The New York City Department of Law has filed two amicus briefs with the U.S. Court of Appeals for the Second Circuit in support of New York state’s legal fight against gun violence in two cases — Antonyuk v. Hochul and National Shooting Sports Foundation, Inc. v. James (NSSF v. James) — that seek to invalidate common sense gun laws that protect the public. One amicus brief — in the case Antonyuk v. Hochul — argues for the reversal of a court ruling blocking provisions of the Concealed Carry Improvement Act (CCIA) that prohibits guns in sensitive locations and sets new gun-licensing requirements for concealed carry permits. A separate amicus brief — in the case NSSF v. James — argues in support of a lower court ruling upholding a state “nuisance” statute, which was used by New York City to stop retailers from illegally selling ghost guns and the kits used to make them to city residents.  

 

“Gun violence is sadly something we’ve all seen and felt too often in New York City, and across our state,” said Mayor Adams. “The Concealed Carry Improvement Act and the state’s nuisance statutes are both critical to damming the rivers feeding the sea of gun violence and keeping us all safe. Under our administration, we have already been able to stop the sale and delivery of illegal ghost guns to our city from five online retailers, and the New York City Police Department continues to take illegal guns off our streets every day. We are proud to support Attorney General James and the state in the fight against gun violence and in ensuring our streets are not riddled with gun violence.”

 

“While New Yorkers grapple with a gun violence problem, gun groups are trying to bring an end to a reasonable measure that prohibits guns in sensitive places and sets sensible requirements to apply for a concealed-carry license — regulations of a type that have a long history in the state and across the nation,” said Corporation Counsel Hinds-Radix. “The gun industry is also attempting to strip away common sense gun laws that are a critical part of the solution, by wiping a law off the books that the city used to stop retailers from illegally shipping deadly ghost guns into the city. The city of New York stands with the attorney general in defending against the misguided efforts of the gun industry that threaten the health and safety of our communities.”

 

The CCIA was enacted following a U.S. Supreme Court ruling last year in New York State Rifle & Pistol Association Inc. v. Bruen, which ruled that a state law requiring proper cause to carry a concealed weapon in New York state was unconstitutional. The plaintiffs obtained a court ruling blocking certain pieces of the CCIA’s “sensitive location” restrictions and licensure requirements, which the Second Circuit has stayed pending New York Attorney General Letitia James’ appeal. 

 

In the Antonyuk v. Hochul amicus brief, New York City supports the appeal filed by Attorney General James, arguing that the district court erred in its ruling because it ignored a long tradition of local regulations of firearms, which existed since the state’s founding. The brief argues that these regulations provide strong evidence that the original public understanding of the right to bear arms tolerated appropriate limitations in certain sensitive locations, similar to the sensitive location provisions in the CCIA. The brief also makes the case that the CCIA’s good-moral-character licensure standard, and attendant disclosures required of license applicants, were fully consistent with the recent Supreme Court ruling in Bruen because they work to ensure that only law-abiding citizens are authorized to carry firearms. 

 

In the NSSF v. James amicus brief, the state’s largest cities — New York City, Buffalo, Rochester, and Syracuse — join forces to support New York state in its defense of a state law allowing cities and private individuals to sue a member of the gun industry for unlawful or unreasonable business practices that cause harm in the state. Last year, New York City sued five online ghost-gun retailers under this “nuisance law” to stop the companies from illegally selling these guns and the kits to make them to New Yorkers. To date, New York City has negotiated agreements with four companies and obtained a preliminary injunction against the fifth to stop the illegal sale of these ghost guns and kits.

 

The amicus brief supports Attorney General James — who is defending the law in a challenge brought by the gun industry — arguing that a lower court was correct in holding that the statute is consistent with federal law and constitutional. The brief states that, on average, in New York state, 870 people die and thousands more are wounded every year from gun violence, and the law helps cities target the sources of illegal firearms. Improving even a single gun dealer’s sales practices can materially reduce the availability of illegal weapons in an entire community, according to the amicus.  

 

Mayor Adams has made combatting gun violence and removing illegal guns from New York City streets a top priority of his administration. In the first year of his administration, the New York City Police Department (NYPD) removed more than 7,100 illegal guns from New York City streets. Additionally, thanks to the NYPD’s efforts shootings over the course of 2022 reduced by more than 17 percent compared to 2021, meaning hundreds of fewer people were shot over the course of the year, Additionally, there were more than 4,600 gun arrests in 2022 — a 27-year high.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 18, 2023

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing and Treatment

96 Statewide Deaths Reported from January 14 to January 17

 Governor Kathy Hochul today updated New Yorkers on the state's progress combatting COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections that become more common in the winter season.

"I urge all New Yorkers to remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from Respiratory Syncytial Virus (RSV), the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts last month.

Recently, the New York State Department of Health announced that the XBB.1.5. variant is now the most dominant strain in New York, accounting for more than 50 percent of COVID-19 infections statewide. Emerging at a time when both COVID-19 and flu cases remain high, early data indicates that XBB.1.5. is more transmissible than other circulating variants, though there is not yet clear evidence of significant changes to virulence or severity of disease.

The New York State Department of Health's weekly flu surveillance report for the week ending January 7, shows influenza remaining widespread throughout the state for a fourteenth consecutive week, with a total of 293,541 positive cases across all 62 counties reported to date. The report found that confirmed cases statewide dropped 36 percent, while overall hospitalizations were down 34 percent from the previous week, with the week ending January 7 at 1,621 hospitalizations across the state.

Additionally, there were 37 outbreaks in acute care and long-term care facilities, the report determined. There were no additional pediatric deaths, leaving the total at six statewide.

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/.

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. Recently, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age.

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

Today's data is summarized briefly below:

• Cases Per 100k - 17.63
• 7-Day Average Cases Per 100k - 18.36
• Test Results Reported - 41,927
• Total Positive - 3,445
• Percent Positive - 7.72%**
• 7-Day Average Percent Positive - 6.79%**
• Patient Hospitalization - 3,511 (+59)
• Patients Newly Admitted - 1,509*
• Patients in ICU - 387 (+19)
• Patients in ICU with Intubation - 141 (-9)
• Total Discharges - 390,351 (+1,269)*
• New deaths reported by healthcare facilities through HERDS - 96*
• Total deaths reported by healthcare facilities through HERDS - 60,980*

** Due to the test reporting policy change by the federal Department of Health and Human Services and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

• Total deaths reported to and compiled by the CDC - 77,526

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough	Sunday,   January   15, 2023	Monday,   January   16, 2023	Tuesday,   January   17, 2023
Bronx	7.89%	7.94%	8.19%
Kings	5.28%	5.20%	5.19%
New York	5.90%	5.89%	6.18%
Queens	8.13%	8.06%	8.01%
Richmond	7.02%	6.96%	6.83%