Friday, January 19, 2018

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Fix NYC Congestion Pricing Plan


  “Though I have been a critic of congestion pricing in the past and still remain skeptical, the plan released today by Governor Cuomo and his Fix NYC panel offers a wide variety of innovative suggestions on how we can raise funds and reduce congestion in Manhattan, and is fairer and less regressive than simply tolling the East River bridges. However, the burdens of this new proposal must be examined carefully.

“If a congestion pricing proposal is implemented in Manhattan, the funds raised must be earmarked to repair our city’s subway system by establishing a dedicated fund for New York City Transit. I look forward to further examining this proposal in the coming months,” said Bronx Borough President Ruben Diaz Jr.

Engel On House Passing Yet Another Continuing Resolution


  Congressman Eliot L. Engel, a top member of the House Energy and Commerce Committee, issued the following statement on the House’s passage of a new continuing resolution:

“This is the fourth short-term spending bill this fiscal year. Despite controlling the House, the Senate, and the White House, Republicans have been unable to adequately fund the government.

“This new continuing resolution (CR) ignores funding for veterans’ health care, the opioid crisis and disaster aid. It provides for CHIP, but by failing to fund Community Health Centers it doesn’t provide a place for many of these children to get the medical attention they need. And by ignoring DACA, this CR continues to leave our DREAMers, who are still facing a March deadline, with uncertainty and fear. The fact is this CR represents a failure to address many of the most pressing issues facing our nation. 

“The Republicans squandered months of time working on a disastrous tax bill that hurts the middle-class and New York, while rewarding big corporations and the top one percent. That’s time that could have been much better spent.

“Working month to month is not the way to run the government. And ignoring the needs of Americans is not the American way.”

MAYOR DE BLASIO DEDICATES $13 MILLION TO SPEED NYCHA RESPONSE TO HEAT OUTAGES AND REPLACE EQUIPMENT AT HARDEST-HIT BUILDINGS


  Mayor Bill de Blasio announced a $13 million investment to help NYCHA rapidly respond to heating emergencies and replace failing equipment. This funding will replace several boiler systems experiencing chronic outages, secure mobile boilers for emergencies, hire temporary repair staff and seal windows to reduce heat loss. This winter brought the longest stretch of below-freezing days since 1961, straining many NYCHA buildings’ aging heating systems to the breaking point. The new funding will immediately enable the agency to repair equipment faster, and maintain heat under emergency conditions.

“All New Yorkers deserve heat and hot water. While NYCHA has been working around the clock to keep our boilers working, these record cold temperatures are hard on our aging heating systems,” said Mayor Bill de Blasio. “This new investment will help us continue to respond to outages immediately, replace boilers in hardest hit buildings and keep tenants warm.” 

“This investment will address some of our most problematic infrastructure through this recent cold spell and also increase staffing so we can respond to outages faster,” said NYCHA Chair and CEO Shola Olatoye.“This support from Mayor de Blasio will literally keep the heat on in thousands of NYCHA homes and is critical in our efforts to improve service for residents.”

This winter, NYCHA will:

·         Hire 57 Repair Staff to help respond to boiler outages. This will boost total staff and contracted personnel maintaining boilers from 389 to 446.
·   Rent 3 Mobile Boilers to have on-hand for heating emergencies. Having this equipment stored on site and ready for immediate deployment will reduce the time needed to restore emergency heat resulting from catastrophic outages from weeks to approximately 24-48 hours.
·    Seal and Repair 9,600 Windows at NYCHA senior apartments to ensure these windows are properly sealed, keeping heat inside the unit. 

To prepare for next winter, NYCHA will:

·  Replace 8 boiler plants at Union Avenue and Claremont Houses, two developments with chronic outages.
· Install 7 gas-fired, winterized boilers at Patterson, Independence and Pelham Parkway Houses, three developments with recent heating problems. These cleaner, more efficient and more reliable boilers will replace the oil-fired boilers that are experiencing outages.
· Buy 5 New Mobile Boilers to have on-hand to provide emergency heat rapidly following major outages.

Since 2014, NYCHA has invested nearly $300 million in heating and plumbing, and has received a $109 million grant from FEMA to replace or repair 67 boilers at 17 developments.

The de Blasio Administration has made an unprecedented commitment to preserve and strengthen public housing. Since 2014, the City has invested $1.3 billion to fix nearly 1,000 roofs and $555 million to repair deteriorating exterior brickwork at more 400 buildings. The Mayor also waived both NYCHA’s annual PILOT payment and NYPD payment, relieving NYCHA of nearly $300 million in operating expenses since 2014.

MAYOR SIGNS LEGISLATION TO HELP LIMIT CONSTRUCTION NOISE


   Mayor Bill de Blasio signed legislation into law, authored by Council Member Ben Kallos in collaboration with DEP, aimed at reducing overnight and weekend construction noise and making New York City more livable. Intro. 1653-B allows inspectors to take noise readings from the roadway or sidewalk, rather than requiring that the reading be taken from inside of a complainant’s apartment, empowers inspectors to shut down equipment that is too loud, and calls for new rules for responding when the noise is most likely to happen again.  In addition, construction companies will be required to electronically file noise mitigation plans, which will make it easier for inspectors and the public to review online.

“Noise pollution has gotten out of control when your alarm clock has been replaced by a jackhammer. But the incessant din of construction doesn’t have to be the reality of living in a big city. We can do something about it,” said Mayor de Blasio. “This legislation is giving city inspectors the tools they need to damp down the racket, protecting New Yorkers’ health and offering some peace and quiet in the city that never sleeps.”

“Working with the City Council, this legislation will empower our noise inspectors with new tools to more effectively enforce the City’s Noise Code,” said DEP Commissioner Vincent Sapienza.  “By lowering the allowable after hours noise limit in residential areas, allowing inspectors to take noise readings from the street, rather than from inside an apartment, and empowering inspectors with the ability to issue a stop work order for noisy equipment, this legislation should help bring some much needed relief to New Yorkers.”

“New York City may be the city that never sleeps but that shouldn’t be because of after hours construction noise waking you up. Our new law will turn down the volume on after hours construction noise in residential neighborhoods,” said Council Member Ben Kallos. “Thank you to Mayor Bill de Blasio for signing this bill into law and to Department of Environmental Protection Commissioner Vincent Sapienza for his agencies expertise and collaboration on this legislation, as well as to the countless residents who have complained regularly about after-hours noise, which led to this legislation to keep our city a little bit quieter.”

NYPD 50th Precinct BLOOD DRIVE Thursday January 25th 8 AM - 4 PM


NYPD 50th Precinct  
BLOOD DRIVE

Give the gift of life!
Donate blood!
People can’t live without!

Thursday, January 25th
8am - 4pm / Muster Room
3450 Kingsbridge Ave, Bronx

Walk-Ins welcome!

Please bring photo ID and eat before donating blood!

For more information about eligibility:

Call: 1-800-933-2566 or Visit: www.nybloodcenter.org

Wednesday, January 17, 2018

Alleged Al Qaeda Associate Charged With Conspiring To Kill Americans And Other Terrorism Offenses


Christian Ganczarski, a German National, Provided Logistical and Technical Assistance to al Qaeda and Maintained Relationships with Core al Qaeda Leadership, Including Osama Bin Laden

   Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today that Christian Ganczarski, a/k/a “Abu Mohamed,” a/k/a “Abu Mohamed al Amani,” a/k/a “Ibrahim,” a/k/a “Ibrahim the German” (“Ganczarski”), has been charged in a Superseding Indictment unsealed in the Southern District of New York with conspiracy to kill United States nationals, providing and conspiring to provide material support and resources to terrorists, and conspiring to provide material support and resources to al Qaeda.  The United States is seeking GANCZARSKI’s extradition from France.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Christian Ganczarski, a German national, allegedly provided critical support to the most prolific terrorists of our time.  Today we publicly announce charges against Ganczarski alleging that he participated in the planning of plots to kill Americans with high-level al Qaeda terrorists Khaled Shaikh Mohammad, Usama bin Laden, and others.  The unsealing of the indictment exemplifies this Office’s commitment to the relentless pursuit and prosecution of those who seek to harm Americans.”

Acting Assistant Attorney General Dana J. Boente said:  “According to the superseding indictment, between 1999 and 2001, Ganczarski regularly interacted with members of al Qaeda leadership who were responsible for terrorist operations, and provided them with the knowledge and technology to carry out attacks against the U.S. military and its allies.  This case demonstrates the National Security Division’s resolve to find and bring to justice, terrorists who target U.S. interests in any part of the world.  I want to thank all of the prosecutors, agents and analysts who made this result possible.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Ganczarski willingly supported the goals of al Qaeda, immersing himself in social circles that included the likes of Usama bin Laden and one of the future hijackers in the September 11 attacks, among others.  He allegedly participated in efforts to kill Americans by providing technological support and guidance, and arranged meetings between senior officials in the organization and other like-minded individuals bent on future attacks against U.S. interests.  While he’s spent the past fifteen years behind bars in France, we haven’t forgotten his allegiance to those who have threatened our interests both at home and abroad.  We will continue to work with our international partners to mitigate the threat of global terrorism, bringing to justice everyone who participates in or materially supports this crime.”

NYPD Commissioner James P. O’Neill said:  “As alleged, Christian Ganczarski worked for al-Qaeda, lived in its camps and guest houses.  He rubbed shoulders with Osama Bin Laden and the men who planned and executed plots from the bombing of US embassies in East Africa that killed 225 people, to the 9-11 attacks that cost 3000 lives, most of them here in New York City.  Ganczarksi allegedly provided al-Qaeda with expertise in logistics, computers, radio communications and the maintenance of weapons systems that would be used against Americans soldiers after the 9/11 attacks.  This case is another example of the work of the FBI agents and NYPD detectives of the Joint Terrorism Task Force.  There is no time too long, or place to far, or suspect out of reach when it comes to bringing terrorists, or those who aid them to justice.”

As alleged in the Superseding Indictment unsealed in federal court:[1]

Al Qaeda is an international terrorist organization dedicated to opposing non-Islamic governments with force and violence.  The organization was founded by Usama bin Laden and Muhammad Atef, a/k/a “Abu Hafs el Masri” (“Abu Hafs el Masri”), and was headquartered in Afghanistan since approximately 1996.  Bin Laden served as the leader or “emir” of al Qaeda until his death on or about May 2, 2011. 

Al Qaeda has a command control structure that included a majlis al shura (or consultation council) that discussed and approved major undertakings, including terrorist operations.  Bin Laden and Abu Hafs el Masri sat on the majlis al shura of al Qaeda, as did others, including Saif al Adel.  Khaled Shaikh Mohammad, a/k/a “Mukhtar,” devised, planned, and facilitated terrorist operations for al Qaeda, and he also assisted in the preparation of promotional media used by al Qaeda to advertise its terrorist agenda and attract recruits.

Ganczarski, a German citizen born in Poland, traveled from Germany to Pakistan and Afghanistan on at least five separate occasions between 1999 and 2001.  During these trips, GANCZARSKI became associated with al Qaeda and developed personal relationships with bin Laden, Abu Hafs el Masri, al Adel, and Mohammad.  GANCZARSKI lived at times with his family at al Qaeda’s fortified compound near Kandahar, Afghanistan.  At other times, GANCZARSKI lived in guest houses and other facilities operated by al Qaeda in Afghanistan.  GANCZARSKI participated in al Qaeda’s efforts to kill Americans in a number of ways, such as providing al Adel and other al Qaeda members with technological guidance and hardware, including computers, radios, and other communications equipment. 

In approximately January 2000, GANCZARSKI attended a speech delivered by bin Laden at al Qaeda’s headquarters in Kandahar.  The January 2000 speech was attended by at least 100 men, including, among others, many significant al Qaeda leaders and terrorists, such as at least one of the plotters in the August 1998 bombings of the U.S. Embassies in East Africa, and one of the future hijackers in the September 11, 2001, attacks on the United States (the “September 11 Attacks”).  During the speech, GANCZARSKI sat in the front row with al Adel’s son in his lap.

In approximately March 2000, GANCZARSKI attended a meeting in Karachi, Pakistan, between Mohammad and a member of Jamaah Islamiyah (“CC-1”), a Southeast Asia terrorist organization, at which U.S. and Israeli targets for terrorist attacks were discussed.  Following the meeting, GANCZARSKI helped transport CC-1 and a written communication from Mohammad to al Qaeda’s fortified compound in Kandahar, where GANCZARSKI spoke to bin Laden and took CC-1 to meetings with al Adel and Abu Hafs el Masri at which potential attacks on U.S. and Israeli interests were further discussed.

GANCZARSKI was in Germany at the time of the September 11 Attacks, and he indicated after the attacks that he had been aware that a significant event was about to occur.  In approximately early October 2001, GANCZARSKI returned to Afghanistan and met with other members of al Qaeda, including al Adel.  In approximately November 2001, GANCZARSKI and others attempted to repair anti-aircraft missiles controlled by al Qaeda that were not functioning, so that the missiles could be fired at U.S. military aircraft flying in the area at the time.

GANCZARSKI was arrested in France in 2003, and subsequently convicted of offenses under French law relating to a 2002 al Qaeda attack on a synagogue in Djerba, Tunisia.  GANCZARSKI has been incarcerated in France since being convicted.
  
The Superseding Indictment charges GANCZARSKI, 51, with four counts.  A chart containing a description of the charges and their maximum penalties is attached.  If convicted on all counts, GANCZARSKI would face a maximum sentence of life in prison.  The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Berman and Mr. Boente praised the extraordinary investigative work of the FBI’s New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role they played and continue to play in the investigation of GANCZARSKI and his co-conspirators.  In addition, Mr. Berman thanked the Department of Justice’s National Security Division and Office of International Affairs.

This case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Emil J. Bove III and Amanda L. Houle are in charge of the prosecution, with assistance from Trial Attorney David Smith of the National Security Division’s Counterterrorism Section.

The charges contained in the Superseding Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

Statute (Title 18) Counts Description Maximum Penalties
Section 2332(b) Count 1 Conspiracy to kill United States nationals  Maximum sentence of life in prison
Section 2339A Counts 2 and 3 Conspiracy to provide material support and resources to terrorists, and provision of material support and resources to terrorists  Maximum sentence of 15 years in prison on each count
Section 2339B Count 4 Conspiracy to provide material support and resources to a designated foreign terrorist organization (al Qaeda)  Maximum sentence of 15 years in prison

[1]
 As the introductory phrase signifies, the entirety of the texts of the Superseding Indictment, and the descriptions of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.  

11 Members Of New York Drug Trafficking Organization Charged With Distributing Potent Heroin And Fentanyl


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Michael E. McMahon, the District Attorney for Richmond County, James J. Hunt, the Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging MEDIN KOSIC, a/k/a “Dino,” JASMIN CEJOVIC, a/k/a “Min,” PAUL VAN MANEN, MIRSAD BOGDANOVIC, a/k/a “Mike,” SHAUN SULLIVAN, THEODORE BANASKY, a/k/a “Freddy,” a/k/a “Eduardo,” ANTHONY FRANCESE, ALEXANDER BUCCI, JOSEPH CUCCINIELLO, a/k/a “Cuch,” KENNETH CHARLTON, and JENNIFER BOGDANOVIC with conspiracy to distribute heroin and fentanyl.  Eight defendants were arrested on these charges this morning.  VAN MANEN and SULLIVAN, who were in custody on state charges, were transferred to federal custody today.  The defendants are expected to be arraigned before United States Magistrate Henry Pitman in Manhattan federal court later today. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, these defendants created a network spanning New York City and into New Jersey for the distribution of highly addictive and dangerous drugs.  Even after they realized the potency of the drugs they were distributing and selling – and the overdose risk those drugs posed – the defendants allegedly continued to sell their poison and to fuel the opioid epidemic plaguing our nation.  Today’s arrests are part of our continued commitment, along with our law enforcement partners, to stop the flow of heroin and fentanyl into and out of New York.”   
District Attorney Michael E. McMahon said:  “With the drug epidemic intensifying in Staten Island and other hard-hit parts of the City, these defendants continued to flood our streets with heroin and fentanyl, peddling poison that led to several overdoses.  Our mission to investigate every overdose through the Overdose Response Initiative has helped law enforcement hold drug dealers accountable for the lives they have destroyed, and today’s indictments are a direct result of these ongoing efforts.  The prosecutors in my office’s Narcotics-Investigations Bureau will continue working together with the NYPD and our federal partners to ensure that we attack the drug epidemic on all fronts.”
DEA Special Agent in Charge James J. Hunt said:  “Every day, heroin users put their lives in the hands of mad scientists.  This organization’s trial and error chemistry resulted in unregulated potency and unnecessary overdoses.  The Strike Force and our partners pooled resources in order to dismantle this organization and shut down a major opioid source of supply in Brooklyn, Staten Island and New Jersey.”
HSI Special Agent-in-Charge Angel M. Melendez said:  “Those charged today are alleged to have packaged highly addictive drugs in Brooklyn and Staten Island, and sell them on our city streets.  Our agency is committed to working with our law enforcement partners to seek out and arrest those criminals who choose to bring heroin and fentanyl into our neighborhoods.”
NYSP Superintendent George P. Beach II said:  “Once again through partnership and good police work between our law enforcement partners, we were able to dismantle a dangerous heroin/fentanyl drug trafficking operation. For years, these individuals distributed large amounts of these toxic substances throughout the New York City and New Jersey area, never once concerned about the deadly effects of these drugs on these communities. These arrests should send a strong message that we will continue to do all we can to prevent these drugs from making it to our neighborhoods. I commend our members and our law enforcement partners for their hard work in uncovering this operation and the arrests.”
Police Commissioner O’Neill said:  “The eleven defendants in this case are accused of operating a heroin and fentanyl distribution ring in Staten Island and other parts of our City.  As alleged, they continued to peddle the deadly product even after one of the defendants overdosed himself.  When I spoke recently about the reduction in overdoses on Staten Island in the year 2017, I spoke about the NYPD’s continued commitment to fighting the opioid epidemic.  The charges in this case come as a result of the kind of precision policing that’s one part of the cure.” 
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
The defendants were members of a drug trafficking organization (the “DTO”) that operated in Manhattan, Brooklyn, Staten Island, and New Jersey.  The DTO obtained heroin and fentanyl from a supplier, which was then stored and packaged in Staten Island or Brooklyn, and resold in Brooklyn, Staten Island, and New Jersey, among other places.  Certain defendants also arranged to sell narcotics while in Manhattan. 
Between 2015 and January 2018, the DTO was responsible for distributing large quantities of heroin, including heroin laced with fentanyl, in New York City and other locations.  During the course of the conspiracy, DTO members became aware of the risk posed by the drugs that they sold.  In October 2017, defendant SHAUN SULLIVAN overdosed from heroin supplied by the DTO, but was revived with naloxone.  Members of the DTO knew of SULLIVAN’s overdose and the potency of the narcotics they were distributing.  Even after SULLIVAN overdosed, the DTO continued to distribute heroin and fentanyl to customers in New York City. 
A chart setting forth the names, ages, residences, and maximum penalties for the defendants, each charged with one count of conspiracy to distribute narcotics, is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

The arrest was the result of a long-term investigation by the Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department and New York State Department of Corrections and Community Supervision.  The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative and part of the Organized Crime Drug Enforcement Task Force program.  Mr. Berman thanked the Richmond County District Attorney’s Office, the Overdose Response Initiative, and the NYPD Overdose Task Force.  Mr. Berman noted that the investigation is ongoing.

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Catherine Geddes and Stephanie Lake are in charge of the prosecution.

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

 United States v. Medin Kosic et al.
DEFENDANT
AGE
RESIDENCE
MAXIMUM PENALTY
MEDIN KOSIC
30
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
JASMIN CEJOVIC
25
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
PAUL VAN MANEN
50
South Amboy, NJ
Life in prison with a mandatory minimum of 10 years in prison
MIRSAD BOGDANOVIC
41
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
SHAUN SULLIVAN
36
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
THEODORE BANASKY
44
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
ANTHONY FRANCESE
48
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
ALEXANDER BUCCI
22
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
JOSEPH CUCCINIELLO
23
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
KENNETH CHARLTON
46
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
JENNIFER BOGDANOVIC
33
Staten Island
Life in prison with a mandatory minimum of 10 years in prison
 [1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

A.G. Schneiderman Files Suit Against Trump EPA For Failing To Protect New Yorkers From Out-Of-State Air Pollution


New York and Connecticut AGs Jointly Suing Trump EPA for Ignoring Clean Air Act Requirement to Curb Smog Pollution from Upwind States
At Least 1 In 3 New Yorkers Breathe Air with Unhealthy Levels of Smog, Which Often Blows Into NY from Other States
Lawsuit Part of Multi-Pronged Effort by AG Schneiderman to Force EPA to Meet Clean Air Act Obligations and Reduce Upwind Smog that Threatens Health of Millions of New Yorkers
  Attorney General Eric T. Schneiderman announced that New York and Connecticut today filed a lawsuit against the Trump Administration 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. This lawsuit is the latest action in a multi-pronged initiative by Attorney General Schneiderman to force the Trump Environmental Protection Agency (EPA) to fulfill its obligations under the Clean Air Act to reduce upwind sources of air pollution that threaten the health of millions of New Yorkers.  
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). EPA’s own studies demonstrate that pollution from states upwind of New York contributes substantially to the state’s dangerous smog problem.  
“Millions of New Yorkers breathe unhealthy air due to smog pollution, much of which blows into New York from upwind states,” said Attorney General Schneiderman. “Yet the Trump EPA continues to ignore its responsibilities under the Clean Air Act to reduce interstate smog pollution. Since the Trump EPA refuses to follow the law, we’re suing to protect the health of New Yorkers.” 
“New York is once again taking aggressive actions to not only push forward our nation leading energy goals, but also protect our state from harmful air pollution.” Governor Cuomo said. “With this action, we are sending yet another clear message to the federal government that when our environment is threatened, New York will step up at every turn to protect our most vital resources for future generations.”
“Connecticut has robust regulations in place to protect clean air,” said Connecticut Attorney General George Jepsen. “But as a downwind state, Connecticut suffers from poor air quality as pollutants from other states enter our atmosphere. The EPA has a responsibility to regulate these out-of-state pollutants, like ozone, yet the EPA has failed to do so. Today, we are partnering with New York in litigation seeking to compel EPA to do its job and protect Connecticut's air quality from out-of-state ozone sources.”
“To safeguard our natural resources and protect public health, New York has some of the nation’s most stringent air quality standards,” said Department of Environmental Conservation Commissioner Basil Seggos. “But EPA’s failure act responsibly and require upwind states to limit their pollution leaves our state with little recourse but to further reduce pollution from New York sources. For the sake of our community’s health, we’re calling on EPA to act.” 
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 within the state. In fact, New York has among the lowest emissions of NOx and VOCs in the country. Despite New York’s extensive 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 like asthma – are at especially heightened risk from smog pollution.
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.    
The Clean Air Act requires parties to provide the EPA notice of their intention to sue the Agency under the Act. On October 26, 2017, Attorney General Schneiderman informed EPA Administrator Scott Pruitt that, unless the Agency fulfilled its mandatory duty under the Good Neighbor provisions of the Act to protect New Yorkers from smog pollution within 60 days, he would sue to compel the EPA to fulfill that duty.
Today’s lawsuit follows a successful lawsuit New York brought concerning EPA’s failure to issue a FIP for Kentucky’s Good Neighbor provision obligations under the 2008 ozone standard by the statutory deadline. In May 2017, a federal court denied a Trump EPA request for an additional 20-month delay in issuing the FIP and ordered EPA to act by June 30, 2018.
Smog is not emitted directly into the air, but forms when other pollutants, such as NOx and 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. 
Attorney General Schneiderman has filed several other lawsuits to address upwind emissions of air pollution that threatens the health of New Yorkers, including:
New York and Connecticut filed today’s lawsuit in the United States District Court, Southern District of New York.