Another Federal Judge Strikes Down New York’s Climate Superfund Law as Unconstitutional

 

Last week, the U.S. District Court for the Southern District of New York granted the United States’ motion for summary judgment and invalidated New York’s “Climate Change Superfund Act.” The court held the law is unconstitutional and enjoined the state from imposing $75 billion in penalties on global energy producers for the alleged local effects of climate change. Last month, the U.S. District Court for the Northern District of New York also ruled against the state.

“New York’s woke climate change law is not only unconstitutional, it is harmful, jeopardizing every American’s access to affordable and reliable energy,” said Associate Attorney General Stanley E. Woodward, Jr. “We are pleased with the district courts’ decisions finding New York’s law unlawful and recognizing that the Federal Sovereign, not the States, regulates our Nation’s energy market. This Department of Justice will take every step to stop those who wish to thwart President Trump’s agenda to unleash American energy dominance.”

“Both federal judges to consider New York’s Climate Change Superfund Act have held it unconstitutional,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Energy and Natural Resources Division (ENRD). “Both hold that the federal government is responsible for setting national policy on global pollution, not states. This decision marks another significant step in advancing President Trump’s energy agenda and protecting American energy from state overreach. The Department of Justice will continue to fight for affordable, reliable energy for all Americans.”

New York enacted its law in 2024 seeking to impose billions of dollars in liability on domestic and foreign energy companies that extract fossil fuels or refine crude oil. 

In its ruling last week, the court held that the United States has standing to vindicate its sovereign authority to regulate interstate emissions and to promote its foreign affairs interests. The court also held the New York law is preempted on two independent grounds: first, because it is not authorized by the Clean Air Act, which displaced the federal common law governing interstate emissions; and second, because it is field-preempted under the foreign affairs doctrine. 

Two Former USPS Employees Charged In Connection With Scheme To Steal More Than 200 Gift Cards Out Of The Mail

 

United States Attorney for the Southern District of New York, Jamie McDonald, and Special Agent in Charge of the Northeast Area Field Office of the United States Postal Service Office of Inspector General (“USPS-OIG”), Matthew M. Modafferi, announced that PIAN PIAN WONG-TAM, a former United States Postal Service (“USPS”) Mail Processing Clerk in White Plains, New York, and WILLIAM WONG, a former USPS Mail Clerk in Millwood, New York, were presented before Chief U.S. Magistrate Judge Judith C. McCarthy on charges that they engaged in a scheme and conspiracy in which WONG-TAM removed mail entrusted to her by USPS, stole gift cards and other items out of that mail, and then, together with WONG, used those gift cards and other items for their own personal gain.

“The charges against the defendants reflect this Office’s and our law enforcement partners’ continued commitment to ensuring the integrity of the U.S. postal system,” said U.S. Attorney Jamie McDonald.  “As alleged, Pian Pian Wong-Tam stole more than 200 gift cards out of mail entrusted to her for processing, and then, together with William Wong, used those gift cards for their own benefit, abusing their positions of trust and victimizing hundreds of people in the process.  The complaint against Wong-Tam and Wong should send a clear message that stealing from the mail entrusted to USPS for delivery is a serious federal offense that will not be tolerated.”

“Misconduct by postal employees undermines the trust placed in the Postal Service and will not be tolerated,” said USPS-OIG Special Agent in Charge Matthew M. Modafferi.  “The United States Postal Service Office of Inspector General remains committed to protecting the integrity of the Postal Service and ensuring accountability.  We appreciate the U.S. Attorney’s Office for its partnership in this investigation.”

According to the Complaint:

Until July 24, 2026, WONG-TAM was working as a Mail Processing Clerk at the USPS White Plains Processing & Distribution Center (“P&DC”) in White Plains, New York, while WONG was working as a Mail Clerk at a post office in Millwood, New York.

After receiving multiple customer complaints about mail that had been processed through the P&DC being delivered damaged, with expected gift cards missing, USPS-OIG’s investigation revealed that, from April 2025 to July 24, 2026, WONG-TAM took advantage of her position of trust at the P&DC to steal, among other things, gift cards from the mail she was responsible for processing.  WONG-TAM then shared the gift cards she stole with WONG and, together, they used those gift cards at a variety of businesses in multiple states for their own personal benefit.  All told, WONG-TAM and WONG’s scheme resulted in the theft of no less than 200 gift cards, ranging in value from $25 to $500 each.

WONG-TAM, 59, of New York, New York, and WONG, 57, of New York, New York, are each charged with one count of conspiracy to steal and unlawfully possess mail, which carries a maximum sentence of five years in prison; one count of unlawful possession of mail, which carries a maximum sentence of five years in prison; one count of conspiracy to commit access device fraud, which carries a maximum sentence of five years in prison; and two counts of access device fraud, which each carry a maximum sentence of 10 years in prison.  WONG-TAM is also charged with one count of theft of mail by a Postal Service officer or employee, which carries a maximum sentence of five years in prison.

The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. McDonald praised the outstanding investigative work of the Northeast Area Field Office of the USPS-OIG.

This case is being handled by the Office’s White Plains Unit.  Assistant U.S. Attorney Timothy Deal is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

1.  As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described therein should be treated as an allegation. 

Governor Hochul Celebrates Start of Tunnel Boring for Gateway Hudson Tunnel Project

First Tunnel Boring Machine To Launch in Coming Days

First New Tunnel Underneath Hudson River Since the Holland Tunnel Was Opened in 1927; Project Will Serve 200,000 Daily Riders Between New York and New Jersey

Governor Kathy Hochul today celebrated the start of tunnel boring for the Hudson Tunnel Project by the Gateway Development Commission (GDC). Following the ceremonial launch, final testing will be completed and the first tunnel boring machine that will be used to build the new train tunnel under the Hudson River will begin digging the new connection between New Jersey and New York Penn Station. A second machine will launch soon after. This historic moment marks the start of the first phase of tunnel boring for the Hudson Tunnel Project — the first new rail tunnel under the river in more than 100 years. It is the culmination of more than a decade of planning and nearly three years of construction work.

“Building a new rail connection across the Hudson River has been a dream for over a generation, one that would improve reliability and resilience for over 200,000 daily riders who power our economy,” Governor Hochul said. “We fought and beat efforts from the Trump administration to halt the Gateway project and today, that dream becomes a reality, with state of the art machinery operated by expert union workers starting their journey through soil and bedrock under the Hudson to Penn Station. This is a historic day for New York and a clear demonstration of our ambitions to once again be a state that dreams and builds big.”

The two tunnel boring machines launching this fall will bore approximately one mile through the hard rock under the Palisades Cliffs in New Jersey to the Hudson County Access Shaft in Weehawken. These two machines will be removed via the access shaft and replaced with a second pair of machines that will build the section of the tunnel under the Hudson River.

The two hard-rock tunnel boring machines are expected to build roughly 30 feet of tunnel per day, including scheduled pauses for maintenance. They will reach the Hudson County Access Shaft approximately one year after launching. 

The first phase of tunnel boring is being completed by Schiavone Dragados Lane JV as part of the contract for the Palisades Tunnel Project construction package. The Port Authority of New York and New Jersey is managing delivery of this construction package in partnership with GDC.

The Hudson Tunnel Project

The Hudson Tunnel Project is an urgent investment in the most heavily traveled stretch of America’s rail network that will improve transportation between New Jersey and New York by building a new two-tube rail tunnel under the Hudson River and rehabilitating the existing North River Tunnel, which has been in continuous service since 1910 and is a leading cause of train delays for hundreds of thousands of daily passengers.

The project is being delivered through ten construction packages. The first construction package was completed in early 2026. Six additional packages are currently in progress.

Boring the New Tunnel

The new tunnel under the Hudson River will be bored using two sets of two tunnel boring machines — four machines total. Each pair of tunnel boring machines will build the two parallel tunnel tubes simultaneously. The two machines launching in the coming weeks will bore 5,100 feet through the Palisades Cliffs, from the tunnel portal in North Bergen to the Hudson County Access Shaft in Weehawken.

The machines will be removed via the access shaft, and a second pair of tunnel boring machines optimized for the mixed ground conditions under the Hudson River will be inserted to build the stretch of the tunnel tubes from New Jersey to Manhattan.

Tunneling Using Single Shield Tunnel Boring Machines

The first set of tunnel boring machines are single shield machines, designed for efficient tunneling through hard, dry rock. Each machine's cutterhead is 28 feet, 8 inches in diameter and the trailing gantry extends roughly 500 feet. Each weighs more than 1,680 tons.

These machines dig through the rock in front of them using a rotating cutterhead fitted with disc cutters that press against the rock face, applying intense pressure that breaks the rock into chips. Buckets behind the cutterheads collect the excavated rock and direct it through a muck ring onto the machine’s conveyor belt, which moves it through the trailing gantry to the back of the machine, where it is hauled out of the tunnel.

As the machine advances, an erector arm is used to place precast concrete segments to form the permanent tunnel lining. Hydraulic thrust jacks push the machine forward, bracing against the edges of the completed tunnel lining.

Years of Work To Reach This Milestone

Today’s milestone is the culmination of nearly three years of construction work. Starting in late 2023, GDC’s contractors built a bridge supporting Tonnelle Avenue to create space under the highway for the machines’ gantries and excavated the launch box where the tunnel boring machines will start digging.

While this construction was happening, the tunnel boring machines were being manufactured. A single machine is comprised of nearly one hundred complex components, and manufacturing took more than a year.

After factory testing at the end of 2025, the machines were disassembled and shipped to New Jersey. Workers spent months reassembling and testing them on site in preparation for launch.

HERNANDEZ TELLS BUSINESS COUNCIL $10 BILLION EMPIRE OPPORTUNITY FUND WILL BRING BUSINESS AND TALENT BACK TO NEW YORK

 

Joseph Hernandez, Republican candidate for New York State Comptroller, addressed The Business Council of New York State’s 2026 Annual Meeting on Friday, September 25 at The Sagamore Resort, outlining his plan to use the Comptroller’s office to help drive economic growth, attract investment and keep businesses and talent in New York.

 

Hernandez highlighted his proposed $10 billion Empire Opportunity Fund, which would invest pension capital in competitive opportunities tied to New York’s economy, including advanced manufacturing, biotechnology, artificial intelligence, semiconductors, cybersecurity, aerospace and defense, energy and financial technology.

 

“New York has the talent, universities, businesses and capital to be the economic engine of this country, but for too long we have watched companies, jobs and talented young people leave,” said Hernandez. “We need to create an environment where businesses want to invest, entrepreneurs want to build and the next generation wants to stay.”

Joseph Hernandez addresses The Business Council of New York State’s 2026 Annual Meeting in Bolton Landing.

Hernandez said the Empire Opportunity Fund would seek competitive returns for pensioners while directing more attention toward investment opportunities that can expand New York’s economic base.

 

“We manage one of the largest pools of capital in the world. We should be asking where the best opportunities are and whether we are overlooking great businesses being built right here in New York,” Hernandez said. “My $10 billion Empire Opportunity Fund will look for investments that can deliver strong returns while helping bring businesses, jobs and talent back to our state.”

 

Hernandez also pointed to his three decades of experience building companies, raising capital and investing across biotechnology, healthcare, finance and advanced technology as the approach he would bring to the Comptroller’s office.

 

“I’ve spent 30 years building businesses and competing for capital and talent. I know what it takes for companies to grow,” Hernandez said. “As Comptroller, I’ll bring that experience to Albany and work to make New York a place where capital is invested, businesses are built and opportunity grows.”

Mayor Mamdani Opens New Jobs NYC Center, Connecting New Yorkers to Good-Paying Jobs in Public Service

 

New Hub Has Already Delivered on Key Administration Commitment to Double the Size of the NYC BEST Team 

 

Opening Marks National Workforce Development Month 

Today, Mayor Zohran Kwame Mamdani, Deputy Mayor for Economic Justice Julie Su, Small Business Services (SBS) Commissioner Kenny Minaya and Department of Citywide Administrative Services (DCAS) Commissioner Yume Kitasei officially launched the Jobs NYC Center at 2 Lafayette Street, a new hub connecting New Yorkers to careers in public service. 

 

Developed by SBS and the Department of Citywide Administrative Services (DCAS), the Center turns a long-vacant City-owned space into a home for walk-in career services, workforce development events, job fairs and agency hiring halls. Regular walk-in hours begin Monday, October 5. 

 

The Center advances the administration’s commitment to connecting New Yorkers with good jobs and strong career pathways while putting underused City-owned space back to work for the people of New York. The Center will also support City employees seeking promotion and other ways to advance in public service careers. It will host panels and workshops on career paths, share Civil Service exam schedules, connect employees and managers to DCAS trainings and organize networking and affinity group events. 

 

“Every New Yorker deserves a real shot at a good job, including serving the city they call home,” said Mayor Mamdani. “The path to public service should not be difficult to navigate. The Jobs NYC Center will help New Yorkers find the right opportunity, understand what it takes to get hired and build a career in public service.” 

 

“I’ve talked to workers across this city who assumed a job in public service wasn’t for them — the process seemed too complicated, with too much paperwork and no one to help them through it,” said Deputy Mayor for Economic Justice Julie Su. “This Center changes that. New Yorkers can walk in, get support and walk out with a path toward a stable job serving their own city.” 

 

“Public service has long been one of the most reliable paths to a stable future for New Yorkers,” said SBS Commissioner Kenny Minaya. “The new Jobs NYC Center will give more New Yorkers access to careers in civil service and help our sister agencies recruit the workforce they need.”   

 

“We’re excited to collaborate with our partner agencies on a win-win for New Yorkers by replacing a vacant storefront with a job center at 2 Lafayette to help connect New Yorkers to jobs, particularly city jobs,” said DCAS Commissioner Yume Kitasei. “And for those city jobs that require an exam, New Yorkers can go right upstairs to our testing center in the same building. This center fits with our efforts to connect New Yorkers to city jobs online, at our hiring events, through our newsletter and now as this new Jobs NYC Center.” 

 

Mayor Mamdani marked the launch by swearing in 17 new NYC Business Express Service Team (BEST) members, the SBS unit that helps entrepreneurs navigate permits, licenses and inspections to open and run a business in New York City. The members were hired through the Center’s first hiring hall, held in August as part of its soft launch.  

 

The hiring hall is a step toward fulfilling Mayor Mamdani’s Executive Order 18 commitment to double the size of the NYC BEST and accelerate hiring across public service roles. 

 

About the Jobs NYC Center 

 

The Jobs NYC Center helps New Yorkers find and secure jobs with the City. Staff help job seekers identify open positions, navigate the civil service process, prepare applications and connect directly with agencies that are hiring.  

 

The Center builds on SBS’s Jobs NYC initiative, which since 2024 has helped 47 City agencies and public institutions, including the Department of Education, NYC Health + Hospitals and the City University of New York, recruit staff. The new location gives that work a fixed location in the heart of Manhattan. 

 

At 2 Lafayette Street, the Center provides: 

•   Career Services: Help finding and applying for public-sector jobs, including guidance on civil service exams. 

•    Hiring Halls: Agency interviews and on-the-spot hiring events that connect New Yorkers directly with employers. 

•   Workshops and Training: Sessions on public service careers and the civil service process, including Civil Service 101, held on the Center’s street-level Jobs NYC Stage. 

•   Employer Services: Recruitment support for City agencies and other public sector partners. 

•   Community Space: A venue for workforce development outreach, networking and events. The space previously hosted temporary activations, including Art on the Avenue installations. Those installations and other arts programming will continue to be incorporated into the Center, bringing culture and workforce development together in a space designed to serve New Yorkers.  

 

The Jobs NYC Center at 2 Lafayette Street will formally open for regular walk-in hours on Monday, October 5, 2026. 

WORST OF THE WORST: ICE Arrests Murderers, Sexual Predators, and Robbers

 

Despite a 1,600% increase in assaults against them, the brave men and women of ICE will never stop enforcing the law

U.S. Immigration and Customs Enforcement (ICE) arrested more worst of worst illegal aliens, including those convicted for despicable crimes such as murder, sexual assault, and robbery.

“The brave men and women of ICE arrested murderers, sexual predators, robbers, and other dangerous illegal aliens,” said Secretary of Homeland Security Markwayne Mullin. “Despite the dangerous and ugly rhetoric from sanctuary politicians that have resulted in a 1,600% increase in assaults against them, ICE will never stop enforcing the law, deporting illegal aliens, and protecting the American people.”

Arrests include:

Jesus Ceja-Barajas, a criminal illegal alien from Mexico, convicted for murder in Salinas, California.

Zam Muan Lian, a criminal illegal alien from Burma, convicted for THREE counts of sexual assault in Murfreesboro, Tennessee.

Adony De La Cruz-Cruz, a criminal illegal alien from the Dominican Republic, convicted for robbery in New York, New York.

Obiageriaku Jane Iheanacho, a criminal illegal alien from Nigeria, convicted for first-degree assault and vulnerable adult abuse in Baltimore, Maryland.

Roberto Bejarano-Cruz, a criminal illegal alien from Mexico, convicted for possession with intent to distribute cocaine and methamphetamine in Austin, Texas.

Americans can see more public safety threats arrested in their communities on our webpage WOW.DHS.Gov.

D.A. Bragg Announces Prison Sentence In Unprovoked Knife Attacks, Murder Of Columbia Grad Student

 

Manhattan District Attorney Alvin L. Bragg, Jr., announced the prison sentence of VINCENT PINKNEY, 30, to 25 years-to-life in state prison for fatally stabbing 30-year-old Columbia University graduate student Davide Giri and attacking two other men in three separate, unprovoked knife attacks in Upper Manhattan on December 2, 2021. On July 10, 2026, PINKNEY pleaded guilty in New York State Supreme court to one count of Murder in the Second Degree and two counts of Attempted Murder in the Second Degree.

“Vincent Pinkney brutally attacked three unsuspecting strangers in within 30 minutes,” said District Attorney Bragg. “During this attack, he murdered Davide Giri, a brilliant and talented young man with so much life ahead of him. Mr. Giri’s death sent shock waves throughout an entire community and devastated his family, classmates, teachers, teammates and friends. My thoughts remain with Mr. Giri’s family and the surviving victims, who were left with ongoing trauma. I hope this accountability brings closure while allowing the community to honor Mr. Giri’s life and legacy.”

As admitted in the defendant’s guilty plea, on December 2, 2021, at approximately 10:52 p.m., PINKNEY approached Mr. Giri near West 123rd Street between Morningside and Amsterdam Avenues. PINKNEY then stabbed him in the chest. Mr. Giri ran away and collapsed on the ground moments later. He was pronounced dead at the hospital.

At approximately 11:05 p.m., PINKNEY approached a 27-year-old man near West 110th Street and Manhattan Avenue. PINKNEY stabbed him several times in the back and torso, puncturing his kidney and spleen. He was transported to a hospital for treatment.

At approximately 11:15 p.m., PINKNEY lunged with the knife at a 29-year-old man, who was walking his dog with his girlfriend, near the northeast corner of Central Park. PINKNEY missed, and the victim flagged down nearby police officers, who arrested PINKNEY a few minutes later. Officers recovered the knife from PINKNEY’s hoodie pocket.

Assistant D.A. Molly Presant handled the prosecution of this case, under the supervision of Assistant D.A. Nicole Blumberg (Chief of Trial Bureau 40) and Executive D.A. Lisa DelPizzo (Chief of the Trial Division). Assistant D.A. Danielle Turcotte (Trial Bureau 40) assisted in the prosecution. Assistant D.A. Alec Simon previously provided invaluable assistance in this case.

D.A. Bragg thanked the New York City Police Department (NYPD), particularly the officers from the 26th and 24th Precincts.

Two Affordable Housing Developments, Charter School Under Construction in Melrose, The Bronx

 

Two new all-affordable residential buildings and a charter school are under construction in the Melrose section of the South Bronx. All three properties are within walking distance of the 3rd Avenue–149th Street subway station, served by the 2 and 5 trains.

Work is finishing up on two residential buildings in the Melrose Supportive Housing development at 409 and 450 East 158th Street. Designed by Aufgang Architects and developed by Barone Management, Azimuth Development, and The Jericho Project, the structures will span a combined 80,000 square feet and yield 129 affordable units. Apartments will come in studio to one-bedroom layouts, and 78 units will serve as permanent supportive housing for local homeless families and veterans. Amenities include 24-hour security, high-speed internet, and on-site laundry facilities.

409 East 158th Street is located mid-block between Melrose and Elton Avenue. Exterior work is complete and crews are currently wrapping up the interiors and applying the finishing touches while the developers work to secure the Temporary Certificate of Occupancy (TCO).

409 East 158th Street. Photo by Michael Young.

450 East 158th Street is the larger of the two buildings and has finished construction, operating with a TCO since July. The structure features a cohesive design with a façade composed of orange and charcoal-hued paneling and red brick. The entrance is situated slightly below grade along Elton Avenue via an ADA-accessible ramp.

450 East 158th Street. Photo by Michael Young.

The property was formerly occupied by La Ressurreccion United Methodist Church.

450 East 158th Street, circa May 2018. Image via Google Maps.

A few blocks to the south, foundations are progressing for the five-story Architecture, Engineering & Construction Industries (AECI) charter school at 2970 3rd Avenue. Designed by Loci Architecture PLLC and developed by Shimon Kleinman, the 60-foot-tall structure will span 77,957 square feet. The school will occupy 59,133 square feet, and the remaining 18,824 square feet will be devoted to ground-floor retail. The school will feature a gymnasium with two full-size basketball courts and a rooftop play area. The property is located at the corner of 3rd Avenue and East 153rd Street.

Crews are currently beginning to form the foundations as excavation continues behind the wraparound sidewalk fencing.

2970 3rd Avenue. Photo by Michael Young.

2970 3rd Avenue. Photo by Michael Young.

The school is targeting a completion date of winter 2028.

2970 3rd Avenue. Photo by Michael Young.