AG James And Governor Cuomo File Expanded Lawsuit Against International Joint Commission Over Substantial Flooding Damages

Suit Alleges that IJC failed to implement its flood protocol and provide relief to riparian owners

  Building on the New York State Department of Environmental Conservation’s (DEC) lawsuit against the International Joint Commission (IJC), Attorney General Letitia James and Governor Andrew M. Cuomo today filed an expanded lawsuit on behalf of New York State against the IJC for failing to implement its flood protocol for the Moses-Saunders Power Dam. Specifically, the IJC operated under a protocol known as “Plan 2014,” which required that when water levels reach extremely high levels, the dam “shall be operated to provide all possible relief to the riparian owners upstream and downstream.” As a result of the IJC’s actions and failures to act in response to flooding in 2017 and 2019, New York incurred substantial damages.

This lawsuit expands on the suit filed by DEC last month by also including damages incurred by all state agencies, including DEC, which collectively number more than $50 million. 

“The International Joint Commission failed their primary mission of properly managing Lake Ontario’s water levels,” said Attorney General James. “We will not stand by while the IJC continues to expose New Yorkers to dangerous flooding. The individuals and families along the shoreline do not deserve the pain of having to deal with the damages to their homes and businesses—damages that could have been avoided in the first place. We are hopeful that this lawsuit will bring safety, security, and justice to those most impacted by IJC’s negligence.”  

“The IJC’s mismanagement of Lake Ontario water levels wreaked havoc on vulnerable shoreline communities and the resulting damage carries a stiff price that shouldn’t be shouldered by the State of New York or by the very property owners the Commission was supposed to protect,” Governor Cuomo said. “The IJC has been wholly unresponsive to our complaints and have taken no action to make the situation better, and this expanded lawsuit will allow us to better recoup the costs of the damage and to hold the Commission accountable.”

Department of Environmental Conservation Commissioner Basil Seggos said, "My thanks to the Attorney General’s office for joining our effort to deliver justice to the victims of the IJC’s gross incompetence. The IJC had one job – manage water levels to protect people and property – and it failed miserably. This is a clear-cut case in which impacted shoreline residents are the victims, and the IJC is responsible. We welcome the might of the AG’s office and look forward to presenting our case in court.”

The Office of the Attorney General (OAG) is bringing this action on behalf of the departments and agencies of the State of New York, including, but not limited to the DEC, the Department of Transportation, the Division of Homeland Security & Emergency Services, the Division of Military and Naval Affairs, and the Office of Parks, Recreation and Historic Preservation. Directed by Governor Cuomo, DEC initiated litigation against the IJC on October 9, 2019. Today’s action incorporates DEC’s prior complaint, as well as adding impacts to other New York State agencies.  

The Office of the Attorney General and Governor Cuomo’s Office seek compensatory damages in excess of $50 million dollars for damages that include:

• Damages to state property;
• Damages consisting of monies the State spent and will spend to repair harms to property, municipalities, and residents; and
• Damages to natural resources, including the value of lost recreational activities.

Flooding on the shores of Lake Ontario in 2017 cost the State damages in excess of $4 million in damages, which included damage to State parks, beaches, campgrounds, boat docks, and boat launches. This was disastrous for thousands of businesses and New Yorkers along the Lake Ontario shoreline in Cayuga, Jefferson, Monroe, Niagara, Orleans, St. Lawrence, and Wayne counties.

Additionally, in 2019, flooding cost State property damages in excess of $2 million in damages. The public lost the value of the use of some facilities while they were closed for repairs or remained submerged under floodwaters. An emergency was declared for the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne as a result of the damage caused by continued high Lake Ontario water levels. The State activated the State Emergency Operations Center for 125 days to conduct operations across eight New York counties and hundreds of miles of shoreline.

Several State agencies also incurred substantial expenses in connection with their responses to the flooding. DEC and the New York National Guard fortified public and private shorefront property with water barriers and other equipment. The Division of Homeland Security & Emergency Services (DHSES) deployed sandbags, sandbagging machines, pumps, and water barriers.

DHSES also activated the State Emergency Operations Center for 125 days to conduct operations across eight New York Counties and hundreds of miles of shoreline. The Department of Transportation oversaw sandbag filling operations and activated its incident command system. In total, State agencies’ response costs exceeded $37 million.

Additionally, the State has spent more than $100 million dollars helping homeowners, small businesses, municipalities, and others repair property damage from flooding in 2017 and 2019. These funds have been distributed through New York State Homes and Community Renewal in connection with the Lake Ontario-St. Lawrence Seaway Flood Relief and Recovery Grant Program, as well as through Empire State Development and the Lake Ontario Small Business Recovery Fund.

The U.S.-Great Britain Boundary Waters Treaty, Plan 2014, the 2016 Supplementary Order of Approval, and other applicable laws impose a duty on IJC to operate the dam in a manner that safeguards the interests of riparian property owners on the New York shores of Lake Ontario and that meets a standard of reasonable care for those property owners.

Bronx Borough President Ruben Diaz Jr. - Albania's Independence

Stand Up To Violence “Shooting Response Rally” on Tuesday Nov 49th 6 PM at 700 Adee Ave

CITY EXPANDS AWARD-WINNING, NATIONALLY RECOGNIZED SUPERVISED RELEASE PROGRAM IN RESPONSE TO STATE BAIL REFORM

Manhattan D.A. Vance to provide $100 million to launch the expansion with funds forfeited in D.A.’s investigations against major banks

City Council to pledge $7 million in funding

In anticipation of new State bail reform measures, New York City will launch an expansion of its successful Supervised Release program as a proven alternative judges will be able to assign in lieu of bail, or where additional support is required to ensure an individual returns to court.  Given the law’s new restrictions on who and when courts will be allowed to impose cash bail or remand defendants to jail, Supervised Release provides a much-needed alternative, with a proven track record of getting the vast majority of participants back to court and providing connections to vital pre-trial services. Community-based and supportive in design, the expansion of this successful pre-trial system aims to continue to make New York City the safest big city in the nation.

“With the lowest rate of incarceration of any major city, New York City is proving you don’t need to arrest your way to safety,” said Mayor de Blasio. “We are taking additional steps to ensure that people who can be safely supervised in the community are able to stay there, all while keeping crime at historic lows.”

Launched in 2016 by Mayor de Blasio with a $13.8 million investment from D.A. Vance, Supervised Release deploys social and case workers, rather than law enforcement officials, with a host of options to both make sure participants make their court hearings, while also matching those with specific needs to supportive services and resources.

Supervised Release has seen nearly 15,500 people enter the program since its launch. According to the most recent statistics, nearly 90% of clients made every court appearance while in the program, while 92% of clients had no felony re-arrests during that time. About 4,200 people have entered the program so far in 2019.

With its expansion, Supervised Release is expected to accommodate a three-to-four-fold increase in participants. The program will include the option of having enhanced tracks, thereby allowing it to serve any individual, regardless of charge, who a judge believes would benefit from the program.” 

The new Office of Pretrial Services, housed with the Mayor’s Office of Criminal Justice, will oversee the expansion and operation of Supervised Release, acting as the City’s primary coordinating point for the providers, court officials, judges, and law enforcement agencies involved in pre-trial activities.

“Over the past five years, New York City has undergone a fundamental shift in how we experience and understand safety, as crime has continued to fall alongside the City's jail population, even as law enforcement has lightened its touch,” said Mayor’s Office of Criminal Justice  Director Elizabeth Glazer. “Supervise Release has played a critical role in this process, and offers a strong, proven solution to the challenges and opportunities provided by the State's bail reform measures.”

With the passage of bail reform in Albany earlier this year, courts must turn to non-monetary alternatives to bail, or release on recognizance, for all but the most serious of felony charges. Criminal justice organizations estimate that approximately 40% of those in New York City jails at the time the law was passed would have been ineligible for bail or jail under the legislation.

City leaders recognized the safety and fairness needs created by the new laws that could be addressed by Supervised Release’s expansion. The Manhattan District Attorney’s office, dedicating funds recovered in its investigations against major banks, has pledged $100 million that will help support Supervised Release. The City Council has also pledged $7 million in Fiscal Year 2020.  This brings the investment in Supervised Release to $37 million this year and $116 million each year in Fiscal Year 2021 and Fiscal Year 2022. 

“The success of New York’s new criminal justice laws depends on New Yorkers attending their court dates, said Manhattan D.A. Cy Vance, Jr. “My Office is proud to invest in pre-trial services that help defendants stay on top of their court appearances using funds recovered in our investigations against major banks. I thank Mayor de Blasio and Director Glazer for their ongoing collaboration to build on the remarkable success rate of New York City’s nationally recognized pre-trial services program.”

“Supervised release has been an incredibly successful tool, which is why I am thrilled to see this expansion. Giving opportunities to pretrial defendants is a critical part of our overall efforts to reform a system in a way that prioritizes rehabilitation, which is our ultimate goal,” said Council Speaker Corey Johnson.

Under D.A. Vance, the Manhattan D.A.’s Office has invested hundreds of millions of dollars recovered in enforcement actions against major banks in community-based and intergovernmental projects that strengthen communities, prevent crime, and accelerate reform in the justice system. In addition to providing majority funding for New York City’s first supervised release program in 2016, the Manhattan D.A’s Office is funding New York’s first statewide college-in-prison program, a nationwide effort to end backlogs of untested rape kits, and dozens of other transformative projects.

While Supervised Release’s cardinal aim is returning defendants to court, it is also an innovative, time-tested, and progressive model for how alternatives to bail can be driven by communities and supportive services, rather than law enforcement sanctions alone, including:

·         Incorporating culturally competent and evidence-informed therapeutic interventions which allow program staff to help clients navigate everyday challenges, build skills and support resilience.

·         Hiring staff who have lived experience in the criminal justice system to mentor participants to encourage successful completion of the mandates during the pre-trial period. Former participants could one day serve as mentors. 

·         Providing individualized support targeted to the needs of the individual, including referrals to mental health and substance use services, rather than blanket release “conditions.”

·         Incorporating smaller neighborhood-based and run organizations to build capacity within communities to work with individuals going through the court process.

These practices avoid bail alternatives used in other jurisdictions that have a law enforcement approach and rely on punitive and surveillance-oriented tools like drug testing, extensive electronic monitoring, and fees for supervision that are not shown to be effective, but often serve to draw people further into the criminal justice system.

“Over the past few years, New York City has proven that we can significantly cut the use of jail in our city and remain safe.  The success of the supervised release program has been a major part of these efforts,” said Tyler U. Nims, Executive Director of the Independent Commission in NYC Criminal Justice and Incarceration Reform. “The expansion announced today by the Mayor, Council, and DA Vance is a commendable next step towards further reducing unnecessary incarceration, closing the Rikers jails, and making sure that we deliver on the promise of bail reform.  To achieve those goals, the program should be used as an alternative to incarceration rather than imposed on those who would return to court without supervision.”

“We are glad that the City has taken this crucial step toward making sure that the new bail legislation reaches its full potential,” said Marie Ndiaye, Supervising Attorney of the Decarceration Project at The Legal Aid Society. “An expansion of the Supervised Release program is key to ensuring that the most people are released pretrial and that those people have access to services and resources. These alternatives to incarceration programs are proven and central to finally closing Rikers Island and reducing the local jail population.”

Wave Hill events Nov 28‒Dec 5

Thu November 28

Thanksgiving Day

Wave Hill is closed today. Enjoy the Thanksgiving Day holiday. The gardens reopen Friday, November 29.

Fri, November 29

Black Friday Meditation

Avoid “Black Friday” busyness! Join us for a community meditation focused on gratitude and clearing your mind of holiday clutter. Get inspired by the outdoors and the peace and tranquility that nature evokes, and learn how to work loving kindness into daily life. Led by Neem Dewji of Yoga for Bliss. Registration not required. Please bring a meditation cushion and be on time; latecomers will not be admitted. Free with admission to the grounds.

Wave Hill House, 11AM–NOON

Sat, November 30

Family Art Project: Symbiosis Scenes

Symbiosis is everywhere! Lichen is formed from the symbiotic relationship between fungus and algae: cleaner fish help bigger fish by picking at dead matter on their skin. Sea anemones ride on the backs of hermit crabs and, in return, hermit crabs are protected from octopuses. These are just a few examples of plants and animals in relationship with one another. Create scenes of symbiosis in a diorama to highlight your favorite plant or animal partnerships. Free, and admission to the grounds is free until noon.

Wave Hill House, 10AM–1PM

Sat, November 30

Gallery Tour

Tour Glyndor Gallery with Wave Hill’s Curatorial Assistant or Gallery Greeter to get an insider’s view of current exhibitions. A flower’s life cycle of budding, blooming and pollinating, as well as its process of decay, strongly echoes the human condition. The exhibition Figuring the Floral features artists who apply this symbolism to their work—touching on race, ethnicity, class, gender, sexual orientation, aging and other facets of identity. Participating artists are Derrick Adams, Nicole Awai, Bahar Behbahani, Christian Ruiz Berman, Sanford Biggers, Cecile Chong, Max Colby, Abigail DeVille, Valerie Hegarty, Christopher K. Ho and Kevin Zucker, Diana Lozano, Natalia Nakazawa, Ebony G. Patterson, Bundith Phunsombatlert, Lina Puerta, Simonette Quamina, David Rios Ferreira, Alexandria Smith, Katherine Toukhy, Lina Iris Viktor, William Villalongo and Saya Woolfalk. Free with admission to the grounds.

Glyndor Gallery, 2PM

 

Sun, December 1

Family Art Project: Symbiosis Scenes

Symbiosis is everywhere! Lichen is formed from the symbiotic relationship between fungus and algae: cleaner fish help bigger fish by picking at dead matter on their skin. Sea anemones ride on the backs of hermit crabs and, in return, hermit crabs are protected from octopuses. These are just a few examples of plants and animals in relationship with one another. Create scenes of symbiosis in a diorama to highlight your favorite plant or animal partnerships. Free with admission to the grounds.

Wave Hill House, 10AM–1PM

Sun, December 1

Garden and Conservatory Highlights Walk

Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.

Meet at Perkins Visitor Center, 2PM

Mon, December 2

Wave Hill is closed.

                         

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS – Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM, November 1–March 14. Closes 5:30PM, starting March 15.

ADMISSION – $10 adults, $6 students and seniors 65+, $4 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES – Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

STATEMENT FROM BP DIAZ RE: New York Yankees Merchandise & Local Bronx Businesses

 “I am pleased to learn that the New York Yankees, Nike and Major League Baseball were receptive to public pressure to do the right thing, and have heeded the concerns of our business community in the area surrounding Yankee Stadium. The news that these three entities have reversed their policy that would have prevented these longtime mom-and-pop stores from selling official Yankee merchandise is a welcome one.

“As one of the richest sports franchises in the world, it was incumbent on the Yankees to do what was right and protect this small business community that almost exclusively caters to their fan base. Inaction on this issue would have certainly reaped huge profits for the Yankees, Nike and Major League Baseball. However, it would have most definitely crippled our local economy that the New York Yankees promised to enhance, as part of the deal that built their new stadium with significant taxpayer funds.

“I want to thank Cary Goodman, the Executive Director at the 161 Street BID, for bringing this to our attention, as well as the New York Yankees for doing their due diligence and addressing this alarming issue that would have had a huge negative impact on The Bronx. I would also like to thank City Council Member Vanessa Gibson for her efforts on behalf of local businesses.

“As I have always said, if you want to do business in The Bronx, you have to do business with The Bronx. This agreement helps Nike, Major League Baseball and the New York Yankees do just that," said Bronx Borough President Ruben Diaz Jr.

DE BLASIO ADMINISTRATION JOINS LAWSUIT AGAINST EPA TO DEFEND CALIFORNIA’S ADVANCED CLEAN CAR STANDARDS

If successful, New York and 13 other states would be allowed to keep higher emissions standards that have become substantial tool in global warming fight

 The de Blasio Administration  filed a joint lawsuit opposing the Environmental Protection Agency’s (EPA) attempt to revoke the portions of a waiver it granted California in 2013 that permit the state to implement stricter greenhouse gas and zero emission vehicle standards. The action, filed in the D.C. Circuit by a coalition led by California Attorney General Xavier Becerra, is part of the coalition’s ongoing fight to protect California’s Advanced Clean Car Standards.

These standards are followed, in whole or in part, by 13 other states, including New York State. They are a key part of local government efforts to protect their residents from the devastating effects of climate change.   

“The Trump Administration’s attempts to roll back emissions standards will be a disaster for our environment, hasten the impact of global warming, and endanger the health of New Yorkers,” said Mayor Bill de Blasio. “New York City is leading the way in the fight against global warming by enacting our Green New Deal and ending greenhouse gas emissions by 2050. We’ve consistently beaten the Trump Administration’s disastrous policies in court, and for the sake of the health and environment of all New Yorkers, we look forward to doing it again.”

“Global warming causes heat waves, rising sea levels, and droughts, which harm the most vulnerable individuals in our communities including the elderly and children,” said Corporation Counsel James E. Johnson. “EPA moves us backwards when it seeks to revoke an initiative that has supported the City’s efforts to reduce emissions and encourage the development of clean air technologies.  We have a duty to join this nationwide coalition to oppose EPA’s latest effort to roll back yet another environmental protection.”

New York City joined the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia; as well as the cities of Los Angeles, and San Francisco in today’s filing.

“The Trump administration continues to undermine the work, small and large, that is necessary to confront our climate crisis,” said Daniel Zarrilli, NYC's Chief Climate Policy Advisor and OneNYC Director.  “Here in New York City, we will continue to fight back against these reckless actions as we invest in the climate solutions that are allowing us to end our reliance on fossil fuels and pursue a just transition to a clean energy economy.”