A.G. Schneiderman Announces Felony Conviction Of Fake Attorney Who Defrauded Over 400 New Yorkers

Antonia Barrone, a/k/a Mario Vrendenburg, Forged Documents And Collected Over $23,000 For Fraudulent Legal Services

Barrone Will Serve 1 ½ To 3 Years In State Prison And Pay Nearly $270,000 In Restitution And Penalties

   Attorney General Eric T. Schneiderman today announced the felony conviction of Antonia Barrone, a/k/a as Mario Vrendenburg (“Barrone”), who pled guilty to operating a fake law firm and pretending to be a licensed attorney, as well as defrauding over 400 New Yorkers out of more than $23,000 over the course of nearly five years. After pleading guilty to Scheme to Defraud in the First Degree, Barrone will serve 1 ½ to 3 years in state prison and owe nearly $270,000 in restitution and penalties.

In May 2017, the Attorney General’s Consumer Frauds and Protection Bureau filed a lawsuit in Albany County Supreme Court against NYS Prisoner Assistance Center, Inc., operating as the NYS Prisoner Assistance Center or NY Parole Aids (“NYSPAC”), and its owner, Barrone. The suit charged Barrone with bilking hundreds of New Yorkers, including prison inmates and their families, out of thousands of dollars to handle administrative parole appeals and other legal matters. The lawsuit alleged that Barrone operated these fraudulent businesses from her home and duped hundreds of consumers by falsely claiming to be an attorney and by misleading consumers to think that the NYS Prisoner Assistance Center was staffed with attorneys.

“Practicing law without a license undermines our judicial system and puts vulnerable consumers in need of legal services at risk,” said Attorney General Schneiderman. “My office is committed to protecting the legal rights of New Yorkers and will continue to work with our partners in law enforcement to ensure that those who attempt to impair that right are held accountable.”

Department of Corrections and Community Supervision Acting Commissioner Anthony J. Annucci said, “It is revolting to target inmates and their families at a time when they are preparing for an event as important as a Board of Parole interview and a chance at reentering the community. The Department will continue to do all it can to prevent unscrupulous people from taking advantage of and attempting to defraud New Yorkers.”

According to papers filed by the Attorney General’s Office, although Barrone is not an attorney, she advertised an array of legal services on the NYSPAC’s website and charged thousands of dollars to provide legal services. The services included filing administrative and judicial appeals on behalf of inmates who were denied parole by the New York State Department of Corrections and Community Supervision (DOCCS) and representing inmates at administrative hearings and individuals facing criminal charges in various New York State courts. In some cases, Barrone accepted fees but did not perform any services.

Following Attorney General Schneiderman’s lawsuit, in August 2017, the Honorable Gerald W. Connolly of Albany County Supreme Court ordered Barrone and the NYS Prisoner Assistance Center to pay a $244,500 penalty to the State as well as full restitution of $23,427.70 to known consumers who paid for legal services. The judgment also prohibits Barrone and NYSPAC from practicing law without a license or advertising or selling legal or paralegal services.

In addition to the civil lawsuit, the Attorney General’s Criminal Enforcement and Financial Crimes Bureau launched a criminal investigation into Barrone’s conduct. On October 16, 2017, Barrone was arrested and arraigned in Albany City Court before the Honorable Holly A. Trexler on a felony complaint filed by the Attorney General’s Office charging: five counts of Criminal Possession of a Forged Instrument in the Second Degree, a class “D” felony; two counts of Grand Larceny in the Third Degree, a class “D” felony; one count of Grand Larceny in the Fourth Degree, a class “E” felony; one count of Unauthorized Practice of a Profession, a class “E” felony; and, one count of Scheme to Defraud in the First Degree, a class “E” felony. 

According to the Attorney General’s felony complaint and statements made by the prosecutor, between September 1, 2012 and April 30, 2017, Barrone pretended to be an attorney and stole thousands of dollars from the families of inmates who hired her to provide legal representation for their loved ones. In furtherance of her nearly five-year scheme, Barrone filed legal documents with forged signatures and fake notary stamps, wrote letters on behalf of consumers on letterhead bearing the name of the fictitious law firm “Stacchini & Barrone, Attorneys at Law,” and appropriated the name of a licensed attorney, without that attorney’s knowledge. 

Also according to the felony complaint, during the course of her scheme, Barrone made use of multiple different names, including Mario Vrendenberg, Antonio Barrone, Mario Stacchini, Mario Helems, T. Helems, and Mark Vredenburg. The prosecutor stated that Barrone and the entities she operated had over 400 clients seeking legal services throughout New York State, including but not limited to the Counties of Albany, Cayuga, Clinton, Rensselaer, Saratoga, Schoharie, Suffolk, Ulster, Warren and Westchester.

Today, Barrone entered a guilty plea to one count of Scheme to Defraud in the First Degree before Albany County Court Judge Honorable Peter A. Lynch. Barrone is scheduled to be sentenced to 1 ½ to 3 years in state prison on November 16, 2017, which will run consecutive to Barrone’s sentence of 1 1/3 to 4 years in state prison also scheduled for November 16, 2017 for an unrelated felony conviction before Honorable Andrew G. Ceresia.

The Attorney General urges consumers who have a complaint against Barrone or the NYS Prisoner Assistance Center, Inc. to file a complaint online or call 1-800--771-7755.

Consumers can check whether an individual is a licensed attorney in New York State by visiting the New York State Unified Court System’s website

Today’s convictions were the result of a joint investigation by the Attorney General’s Office and DOCCS. Attorney General Schneiderman thanks DOCCS for its valuable assistance in this matter.

Additionally, Attorney General Schneiderman thanks the Board of Parole Counsel’s Office, who uncovered Barrone’s efforts to deceive and bilk families by meticulously going through records and identifying this fraudulent activity. Their findings contributed to the Attorney General's investigation and criminal prosecution.   Attorney General Eric T. Schneiderman today announced the felony conviction of Antonia Barrone, a/k/a as Mario Vrendenburg (“Barrone”), who pled guilty to operating a fake law firm and pretending to be a licensed attorney, as well as defrauding over 400 New Yorkers out of more than $23,000 over the course of nearly five years. After pleading guilty to Scheme to Defraud in the First Degree, Barrone will serve 1 ½ to 3 years in state prison and owe nearly $270,000 in restitution and penalties.

In May 2017, the Attorney General’s Consumer Frauds and Protection Bureau filed a lawsuit in Albany County Supreme Court against NYS Prisoner Assistance Center, Inc., operating as the NYS Prisoner Assistance Center or NY Parole Aids (“NYSPAC”), and its owner, Barrone. The suit charged Barrone with bilking hundreds of New Yorkers, including prison inmates and their families, out of thousands of dollars to handle administrative parole appeals and other legal matters. The lawsuit alleged that Barrone operated these fraudulent businesses from her home and duped hundreds of consumers by falsely claiming to be an attorney and by misleading consumers to think that the NYS Prisoner Assistance Center was staffed with attorneys.

“Practicing law without a license undermines our judicial system and puts vulnerable consumers in need of legal services at risk,” said Attorney General Schneiderman. “My office is committed to protecting the legal rights of New Yorkers and will continue to work with our partners in law enforcement to ensure that those who attempt to impair that right are held accountable.”

Department of Corrections and Community Supervision Acting Commissioner Anthony J. Annucci said, “It is revolting to target inmates and their families at a time when they are preparing for an event as important as a Board of Parole interview and a chance at reentering the community. The Department will continue to do all it can to prevent unscrupulous people from taking advantage of and attempting to defraud New Yorkers.”

According to papers filed by the Attorney General’s Office, although Barrone is not an attorney, she advertised an array of legal services on the NYSPAC’s website and charged thousands of dollars to provide legal services. The services included filing administrative and judicial appeals on behalf of inmates who were denied parole by the New York State Department of Corrections and Community Supervision (DOCCS) and representing inmates at administrative hearings and individuals facing criminal charges in various New York State courts. In some cases, Barrone accepted fees but did not perform any services.

Following Attorney General Schneiderman’s lawsuit, in August 2017, the Honorable Gerald W. Connolly of Albany County Supreme Court ordered Barrone and the NYS Prisoner Assistance Center to pay a $244,500 penalty to the State as well as full restitution of $23,427.70 to known consumers who paid for legal services. The judgment also prohibits Barrone and NYSPAC from practicing law without a license or advertising or selling legal or paralegal services.

In addition to the civil lawsuit, the Attorney General’s Criminal Enforcement and Financial Crimes Bureau launched a criminal investigation into Barrone’s conduct. On October 16, 2017, Barrone was arrested and arraigned in Albany City Court before the Honorable Holly A. Trexler on a felony complaint filed by the Attorney General’s Office charging: five counts of Criminal Possession of a Forged Instrument in the Second Degree, a class “D” felony; two counts of Grand Larceny in the Third Degree, a class “D” felony; one count of Grand Larceny in the Fourth Degree, a class “E” felony; one count of Unauthorized Practice of a Profession, a class “E” felony; and, one count of Scheme to Defraud in the First Degree, a class “E” felony. 

According to the Attorney General’s felony complaint and statements made by the prosecutor, between September 1, 2012 and April 30, 2017, Barrone pretended to be an attorney and stole thousands of dollars from the families of inmates who hired her to provide legal representation for their loved ones. In furtherance of her nearly five-year scheme, Barrone filed legal documents with forged signatures and fake notary stamps, wrote letters on behalf of consumers on letterhead bearing the name of the fictitious law firm “Stacchini & Barrone, Attorneys at Law,” and appropriated the name of a licensed attorney, without that attorney’s knowledge. 

Also according to the felony complaint, during the course of her scheme, Barrone made use of multiple different names, including Mario Vrendenberg, Antonio Barrone, Mario Stacchini, Mario Helems, T. Helems, and Mark Vredenburg. The prosecutor stated that Barrone and the entities she operated had over 400 clients seeking legal services throughout New York State, including but not limited to the Counties of Albany, Cayuga, Clinton, Rensselaer, Saratoga, Schoharie, Suffolk, Ulster, Warren and Westchester.

Today, Barrone entered a guilty plea to one count of Scheme to Defraud in the First Degree before Albany County Court Judge Honorable Peter A. Lynch. Barrone is scheduled to be sentenced to 1 ½ to 3 years in state prison on November 16, 2017, which will run consecutive to Barrone’s sentence of 1 1/3 to 4 years in state prison also scheduled for November 16, 2017 for an unrelated felony conviction before Honorable Andrew G. Ceresia.

The Attorney General urges consumers who have a complaint against Barrone or the NYS Prisoner Assistance Center, Inc. to file a complaint online or call 1-800--771-7755.

Consumers can check whether an individual is a licensed attorney in New York State by visiting the New York State Unified Court System’s website

Today’s convictions were the result of a joint investigation by the Attorney General’s Office and DOCCS. Attorney General Schneiderman thanks DOCCS for its valuable assistance in this matter.

Additionally, Attorney General Schneiderman thanks the Board of Parole Counsel’s Office, who uncovered Barrone’s efforts to deceive and bilk families by meticulously going through records and identifying this fraudulent activity. Their findings contributed to the Attorney General's investigation and criminal prosecution.  

Is Pedestrian Bridge in VCP in Trouble?

  The above rendering of the Pedestrian Bridge in VCP over the Major Deegan Highway was the focal point of last night's Croton Filtration Monitoring Committee meeting. The above rendering shows how the pedestrian bridge would look. The bridge is further north on the highway than expected due to the fact that the original site of Mosholu Parkway is above the Croton Aqueduct. There is a fear that construction directly above the aqueduct could damage it.  

  

 There would have to be a total of eighty-two trees removed to create the pedestrian bridge which  worried Community Board chairs Bill Hall and Rosemary Ginty. The exact details were explained by Bharat Parent of the DDC, including the schedule of designing the bridge and bidding process which could take years to complete. The projected start date was sometime in 2020.

  

  Another problem that may kill the pedestrian bridge is the fact that the original cost of $12 million dollars has ballooned to $22 Million dollars give or take a million dollars depending on the design of the bridge. It was then that a spokesperson for Assemblyman Jeffrey Dinowitz said tat the elected officials are not happy with the higher cost which may go even higher. He also said that the elected officials who put together the state portion of the money needed to build the pedestrian bridge were even thinking of withdrawing the state monies from the process. The state was kicking in about one-third of the original $12 million dollars. This was a surprise to all in attendance, and even the DDC representative who said that the DDC would try to work this out. 

Senator Jeff Klein announces nearly $1 million in funding for Hunts Point Food Distribution Center

Two grants will be used for improvements at the meat and produce markets

Senator Jeff Klein announced nearly $1 million in funding for two separate projects at the Hunts Point Food Distribution Center during the annual Greater Hunts Point Chamber of Commerce Tent Party last Thursday. The funding consists of two grants will be used for improvements at the meat and produce markets.

“The Hunts Point Food Distribution Center is a major economic engine for our region that just a few years received a major $150 million investment from the city for upgrades.  I’m proud to continue the trend to help modernize and improve the the center by allocating nearly $1 million for improvements at the cooperative and produce markets,” said Senator Jeff Klein.

“We are extremely grateful that Senator Klein continues to recognize the significant role that the Hunts Point Cooperative Market, whose businesses distribute over 75% of the meat sold in New York City and the tri-state area, plays in the health of the local and regional economies. Senator Klein does a lot to help the businesses operating here with our efforts to modernize our facility and preserve the safety of the city’s critical food distribution network,” said Bruce Reingold, General Manager of Hunts Point Cooperative Market.

“Senator Klein is a great supporter of the market. When we confronted him with the failing infrastructure he asked what he could do in order to maintain the highest level of food safety,” said Joel Fierman, President of the Hunts Point Terminal Produce Cooperative Association. “This grant will be used by the market to insure we can keep our lights and refrigeration running. On behalf of the 1250 union and the thousands of other jobs the market provides to the people of New York City, we can’t thank Senator Klein enough. He knew instantly how to help us.”

One of the grants will be used for renovations to the toll plaza at the Hunts Point Meat Market. That $495,000 grant will provide a new canopy, three new aluminum attendant booths and a new storage and security center. The other $500,00 funding allocation will be used for electrical updates to market power systems at the Hunts Point Terminal Produce Market.

MAYOR DE BLASIO APPOINTS ANNABEL PALMA AS DEPUTY COMMISSIONER OF STRATEGIC INITIATIVES AT THE DEPARTMENT OF SOCIAL SERVICES

Palma to focus on and expand community engagement initiatives and deepen community relationships across the five boroughs

  Mayor Bill de Blasio announced the appointment of Council Member Annabel Palma as Deputy Commissioner of Strategic Initiatives at the Department of Social Services (DSS). As a long-time Council Member representing the Bronx and the former Chairwoman of the Council’s General Welfare Committee, Palma brings a proven track record of engaging communities on social service issues. Building on her own personal experience as a young single mother, struggling to build a better life for her family, Palma worked tirelessly in the Council to make government more responsive to the needs of the community.

Palma will start in January 2018 and report to DSS Services Commissioner Steven Banks. Among other strategic initiatives to improve the lives of low-income families and individuals, Palma will work with and support Commissioner Banks, Department of Homeless Services Administrator Joslyn Carter and the entire leadership team at DSS to carry out the Mayor’s plan to transform the shelter system that has built up in a haphazard way over the past 30 years and implement the new borough-based approach to help more homeless New Yorkers get back on their feet, and ultimately transition out of shelter and back into housing in the community. She will also work with and support the Commissioner and Human Resources Administration Administrator Grace Bonilla and her team on other social services initiatives.

“For more than a decade, Annabel has worked day in and day out to help those in need, including those in her own backyard in the Bronx. I am thrilled to welcome Council Member Palma to the team and look forward to working together to ensure that New Yorkers most at risk of becoming homeless are provided the tools and opportunities to get back on their feet,” said Mayor Bill de Blasio.

“Councilmember Palma has spent years working and advocating for New Yorkers, and has dedicated her career towards making sure communities receive services and help in times of need” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “We are thrilled to have Annabel on board to help us build on critical initiatives, including expanding legal services for tenants facing evictions and investing in prevention tools to help more New Yorkers avoid homelessness.”

“For many years, Annabel and I worked together on the front lines to address the needs of low-income children and adults, and I know first-hand her commitment to improving the provision of social services.  She is a perfect addition to our team, as we continue with our reform initiatives and implement the Mayor’s realistic plan to prevent and alleviate homelessness,” said Department of Social Services Commissioner Steven Banks.

“Homelessness exists in every community. I have spent over a decade helping homeless New Yorkers and based on my own experience know that homelessness is not a choice and can happen to anyone,” said Council Member Annabel Palma. “I am proud to join the Mayor and his team, playing an integral role in helping to change the perception of our homeless neighbors, while helping to carry out his plan to turn the tide on homelessness in our beloved city.”

“Council Member Annabel Palma’s personal experiences informed her desire to be a fierce advocate for the most vulnerable New Yorkers, and every day she brings with her that energy and motivation to improve the lives of others around her,” said City CouncilSpeaker Melissa Mark-Viverito. “She inspires all of us on the Council, and we have greatly enjoyed working with her to make our City a better place – especially for the homeless, women, and people of color. I wish her well in her next endeavor as Deputy Commissioner of Strategic Initiatives at the Department of Social Services.”

Earlier this year, the Mayor announced “Turning the Tide on Homelessness in New York City,” his borough-by-borough plan for addressing the challenge of homelessness, which affects every community across the five boroughs. To address and transform a shelter system that expanded in a haphazard way over the past four decades, the Mayor’s plan will completely end the use of all 360 cluster sites and hotel facilities citywide, while opening a smaller number of 90 new and more effective traditional shelters. This will reduce the number of Department of Homeless Services’ facilities by 45 percent across New York City and allow us to maintain a vacancy rate to ensure the flexibility we need to implement a more equitable, borough-based system that takes into account the individual needs of the children and adults we must shelter. The plan’s guiding principle is community and people first: giving homeless New Yorkers, who come from every community across the five boroughs, the opportunity to be sheltered closer to their home boroughs, support networks and anchors of life, including schools, jobs, healthcare, family, houses of worship, and communities they called home, in order to more quickly stabilize their lives. 

Assemblyman Mark Gjonaj & Senator Jeff Klein's - 5th Annual Halloween Parade & Party

The 5th Annual Gjonaj/Klein Halloween Parade stepped off Pelham Parkway at White Plains Road at 1:45 PM as scheduled. 

The parade goers led by State Senator Jeff Klein, Assemblyman Mark Gjonaj, White Plains Road BID Executive Director Joe Thompson, consisting of about 100 children and their parents marched to PS 105 on Brady Avenue several blocks from the starting point. As you will see in the photos below they marched down White Plains Road past the stores, turned left onto Brady Avenue, and then proceeded to PS 105 where everyone went inside to start to party.

Above - They marched down White Plains Road past the stores like Chase Bank, but there was no time to stop in any of the stores such as the Pizza Hut/Dunkin Donuts/Baskin Robbins - Below.  

Above - There wasn't even time to stop for a cup of Starbucks Coffee on White Plains Road.

Below - The marchers are on Brady Avenue one block from PS 105 now.

Above - PS 105 was having renovations to the outside, so the protective scaffolding provided the proper atmosphere as you entered the school.

Below - Inside there were treats, face painting, pumpkin face making, and music for the kids to enjoy.

Above - Water and other liquid refreshments, snacks, and candied apples. were available to be had.

Below - Each child was given a pumpkin.

Above - The children were given markers to draw on the pumpkins.

Below - The Pelham Parkway Neighborhood Association happily volunteered their time for the children's enjoyment. 

Above - State Senator Jeff Klein said a few words about Halloween safety for the children.

Below - Assemblyman Mark Gjonaj said it has been great partnering with Senator Klein on this and many other projects they do for the community. 

Above - Senator Klein and Assemblyman Gjonaj gave out goody bags to the children. While Below a staffer dressed as the Grim Reaper walks around.

Councilman Ulrich to Introduce Legislation to Block de Blasio from Removing Christopher Columbus Statue

 

The Bipartisan Bill Would Require a Majority Vote from the Council Before Removing Any Statue on Public Land

WHO: Councilman Eric Ulrich; Councilman Alan Maisel; additional Council Members and speakers TBA

WHAT: In response to Mayor de Blasio's quest to tear down statues like Christopher Columbus, Councilman Eric Ulrich will announce legislation that would require a majority vote of the Council before removing statues on City property.   

Ulrich will officially introduce the bill at Tuesday's Stated Meeting.  Council Members Joe Borelli, Paul Vallone and Alan Maisel will be co-sponsors of the bill, with more co-sponsors being announced shortly.  

WHEN: Monday, October 30, 2017 at 2:00 p.m.  

 

WHERE: Steps of New York City Hall - City Hall Park, New York

A.G. Schneiderman Reminds New Yorkers That New York State's Health Marketplace Opens November 1St For 2018 Health Plans

Schneiderman Also Offers Tips To Help Consumers Compare Health Care Plans In Advance Of NYS Marketplace Open Enrollment For 2018

  Attorney General Eric T. Schneiderman today reminded New Yorkers that open enrollment for 2018 health coverage begins on November 1, 2017 through New York State’s health insurance marketplace — New York State of Health. In advance of the open enrollment period, Attorney General Schneiderman issued an updated brochure, “Shopping For Health Insurance,” that offers tips for New Yorkers buying health insurance coverage – both on and off the Marketplace. The Attorney General also encouraged consumers to take advantage of the open enrollment period to evaluate how their current health plan has met their needs, to evaluate whether their current health plan will change in a way that impacts the benefits they expect to use, and to consider what other options are available.   

“Choosing a health plan is an incredibly important decision. The ACA is still the law — and New Yorkers should know they can enroll starting November 1^st to find the right coverage for their needs,” said Attorney General Schneiderman. “Exploring the New York Marketplace is a great way to start making health care enrollment decisions by comparing plans and analyzing costs to learn what options are available starting November 1^st.”

Open enrollment through New York State of Health begins on November 1, 2017. New Yorkers seeking coverage effective January 1, 2018 must enroll by December 15, 2017. Open Enrollment through the Marketplace ends on January 31, 2018. This is later than the open enrollment period available through healthcare.gov for states that rely on the federal marketplace to enroll in coverage. Enrollments or changes made between January 16 and January 31 take effect on March 1, 2018.

Once open enrollment for the Marketplace begins, New Yorkers will be able to review all available health insurance plans, as well as determine what premium subsidy you may be eligible for to reduce the cost of your monthly premiums. Coverage is also available outside of the Marketplace – but take note that those plans may have different enrollment deadlines. Premium subsidies are not available for plans purchased outside the Marketplace.

Attorney General Schneiderman’s brochure offers important information for all New Yorkers shopping for health insurance – whether they are considering purchasing health coverage for the first time, re-enrolling in their existing plan, or switching into a new health plan. Prior to enrolling, take some time to identify your health needs for the upcoming year, consider your budget, and compare the available plans to evaluate how they will satisfy your health and budget needs.

The Attorney General’s Office encourages all New Yorkers, when shopping for health insurance, to:

(1) Determine whether a premium subsidy is available through the Marketplace to make coverage more affordable (such subsidies are only available through the Marketplace);

(2) Check and confirm your provider’s participation status within the health plan, using the steps set out in the brochure;

(3) If you take prescription medications, check whether they are included in the health plan’s formulary, what your out-of-pocket expense will be, and whether there any pre-authorization requirements; and

(4) Check what the co-payment or co-insurance will be for any medical services you expect to use during the plan year, such as physical therapy or mental health services. 

Enrollment in Medicaid, Child Health Plus, and the Essential Plan is open year-round. This means that if you are (or become) eligible for one of these programs during the course of the year, you can enroll at any time. These programs offer low-cost, comprehensive health insurance coverage to lower-income New Yorkers. Child Health Plus is a New York State insurance plan for children, and children who are not eligible for Medicaid may be eligible to enroll in Child Health Plus. The Essential Plan offers coverage for up to $20 per month for lower-income individuals who do not qualify for Medicaid or Child Health Plus. 

To learn more about these programs and the qualifications for enrollment, please visit these websites:

• Medicaid: https://www.health.NY.gov/health_care/medicaid/
• Child-Health Plus: https://www.health.NY.gov/health_care/child_health_plus/
• Essential Plan: http://info.nystateofhealth.NY.gov/EssentialPlan

If you have any questions about a health plan’s coverage – including whether your provider is participating – you should call the insurance company directly and take detailed notes, including when you called, the name of the person with whom you spoke, what you discussed, and what you were advised.

If you encounter inaccurate provider listings once you are enrolled in a plan and cannot access needed care from that provider, or believe you were given inaccurate information during open enrollment, contact the Attorney General’s Health Care Bureau Helpline for assistance: 1-800-428-9071.

For questions about the New York State of Health Marketplace, contact the Marketplace directly: 1-855-355-5777.

A.G. Schneiderman & Governor Cuomo Vow To Sue EPA Over Failure To Protect New Yorkers From Out-Of-State Air Pollution

Trump EPA Ignoring Clean Air Act Requirement To Curb Smog Pollution That Blows Into New York From Upwind States

At Least 1 In 3 New Yorkers Breathe Air With Unhealthy Levels Of Smog, Which Often Travels Far Distances From Other States

 Attorney General Eric T. Schneiderman, along with Governor Andrew M. Cuomo, filed a notice of intent to sue the Environmental Protection Agency (EPA) 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 breathe air with unhealthy levels of smog pollution, with some analyses placing it as high as two in three New Yorkers (approximately 12.7 million people). The EPA’s own studies demonstrate that pollution from states upwind of New York contributes substantially to the state’s dangerous smog problem.  

“Millions upon millions of New Yorkers are still breathing unhealthy air due to smog pollution, a huge amount of which is blowing into New York from upwind states,” said Attorney General Schneiderman. “If the EPA won’t follow the law, we’ll sue to protect the health of New Yorkers.” 

“New York is doing everything in its power to reach our clean energy goals, limiting air pollution and reducing our carbon footprint in every corner of the Empire State – but air pollution knows no borders,” Governor Cuomo said. “With this action, New York makes it clear that we will not stand idly by as other states shun their responsibility to keep our nation’s air quality safe. It's critical that these states take the necessary steps to reduce their environmental impact for future generations and I urge them to follow New York’s lead to secure a cleaner and greener tomorrow for all.”

New York has some of the strictest air quality regulations in the country and pollutants that cause smog – such as nitrogen oxides (NOx) and volatile organic compounds (VOCs) – are well controlled. In fact, New York has among the lowest emissions of NOx and VOCs in the country.  Despite New York’s best efforts to combat smog pollution, the New York City metropolitan area has struggled for years to meet the federal health standard for smog and – according to a 2017 America Lung Association report – it is the ninth most smog-polluted area in the nation. 

The EPA has concluded that there are a number of dangerous health impacts associated with elevated levels of smog, including lung tissue damage, and aggravation of existing conditions, such as asthma, bronchitis, heart disease, and emphysema. Exposure to smog is also linked to premature death. Some groups – including children, the elderly, and those with existing lung diseases, such as asthma – are at especially heightened risk from smog pollution.

“To protect the public and our environment, New York has some of the most rigorous air quality standards in the nation,” said Department of Environmental Conservation Commissioner Basil Seggos. “But pollution doesn’t recognize state borders, and without the EPA requiring states upwind states to limit pollution, we are left to further limit pollution from New York sources. For the sake of public health, we’re calling on EPA to act.”

The “Good Neighbor” provision of the federal Clean Air Act requires the EPA to step in and adopt plans to reduce interstate smog pollution when the actions of upwind states are not sufficient to ensure that federal smog health standards can be met and sustained in downwind states like New York. The EPA’s obligation under the Act to adopt such plans – known as “Federal Implementation Plans” or “FIPs” – reflects the Agency’s unique position and authority, as a federal agency, to ensure that the individual efforts of multiple upwind states will be sufficient, in aggregate, to solve regional air pollution problems, such as smog. 

On August 12, 2015, the EPA determined that the planned actions of 24 states, including several states upwind of New York (Illinois, Michigan, Pennsylvania, Virginia, and West Virginia), 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 – ending August 12, 2017 – for the EPA to adopt FIPs for these upwind states.  Despite this statutory deadline, the EPA has to date failed to adopt these legally-mandated plans.    

Relatedly, a federal court recently held that the EPA had not fulfilled its obligation to issue a FIP for Kentucky’s Good Neighbor provision obligations under the 2008 ozone standard by the statutory deadline and, in May 2017, denied a Trump EPA request for an additional 20-month delay in issuing the FIP.

The Clean Air Act requires parties to provide the EPA notice of their intention to sue the Agency under the Act.  Accordingly, Attorney General Schneiderman is today informing EPA Administrator Scott Pruitt that unless the Agency fulfills its mandatory duty under the Good Neighbor provisions of the Act and protects New Yorkers from smog pollution within 60 days, he will sue the to compel Administrator Pruitt to fulfill that duty. 

Smog is not emitted directly into the air, but forms when other pollutants, such as nitrogen oxides (NOx) and volatile organic compounds (VOCs), react in the presence of sunlight. NOx and VOCs can travel hundreds of miles after they are emitted. The EPA has recognized for decades the regional nature of the smog, and that pollution from power plants, motor vehicles, factories, refineries, and other emission sources located in multiple upwind states contributes to downwind states’ smog problems.  Because of this, the EPA has long known that downwind states cannot solve their smog problems on their own, and that reducing smog in downwind states such as New York requires upwind states to reduce their “interstate transport” of smog pollution.