BIG OIL TARGETED: Some progressive advocacy groups and some liberal politicians are pushing New York City’s prosecutors to take on fossil fuel companies. Public Citizen along with Fair and Just Prosecution released a memo Thursday that outlines a potential legal pathway under New York criminal law to charge fossil fuel companies with “reckless endangerment” for their role in causing climate change. The concept has backing from Sen. Brad Hoylman-Sigal, the chair of the Senate Judiciary Committee, Brooklyn Borough President Antonio Reynoso and New York City Council members Sandy Nurse and Carmen De La Rosa. “The reason we have criminal law in this country is to protect us from dangerous actors that would do us harm,” said Aaron Regunberg, senior policy counsel with Public Citizen’s Climate Program. Taking on Big Oil has been a focus for many Democratic prosecutors, including Attorney General Tish James, who unsuccessfully sued Exxon Mobil for fraud. California’s Attorney General sued fossil fuel companies for climate damages. Cities including New York have also sought compensation for the costs of increased flooding, hurricanes and other extreme weather. But Public Citizen has suggested a new approach: The group wants New York City’s district attorneys to pursue a criminal case against “Big Oil.” That would make an argument from companies on federal pre-emption more difficult, among other advantages, Regunberg said. “Prosecutors just have to show their conduct created a risk,” he said. “When you see how these companies conduct has already unquestionably increased the risk of catastrophic hurricanes, of lethal heat waves and other kinds of disaster, we think prosecutors really have everything they need to prove a case like this.” The memo suggests prosecutors could charge fossil fuel companies individually or collectively – and even potentially their executives. A sentence of conditional discharge requiring changes to company actions or payment of restitution could result, the memo states. The push comes as Gov. Kathy Hochul is considering a bill that would charge fossil fuel companies for their historic sales of oil and gas to pay for climate adaptation efforts. The Climate Superfund bill faces staunch opposition from the fossil fuel industry and New York’s leading business group. — Marie J. French GRID RELIABILITY UPDATE — POLITICO’s Marie J. French: New York state isn’t expected to fall short of its electricity generation needs within the next decade — as long as large energy consumers that are expected to hook up to the system can pause operations when needed. That’s according to a nearly final report that looks at energy needs through 2034, which was released earlier this month by the state’s independent grid operator. The report also predicts there will be an electricity shortfall that needs to be addressed in New York City starting in 2033. The New York Independent System Operator is responsible for the reliability of New York’s energy system and manages that by ensuring that enough generators — which include fossil fuel plants, nuclear, hydropower and the small but growing solar and wind sector — are available to provide enough power, even on the hottest or coldest days. The grid operator has been warning that reliability margins — the cushion of available generation compared to demand — are declining, and it has raised concerns about the slow pace of new resources coming online while gas generators retire. Shortfalls trigger requests for transmission or generation projects to fill any gap in power supply in order to avoid major outages. An earlier version of the reliability report warned of a larger issue in New York City and a potential statewide reliability problem as new cryptocurrency mines, data centers, hydrogen producers and high-tech manufacturers were expected to juice demand while renewable development lagged. The forecast changed thanks to lower demand forecasts from utilities, as well as assurances from green hydrogen producers and crypto miners that they could shut down if energy demand spikes. “We've got to understand how they anticipate they're going to operate, and we've gotten some pleasing news that, yeah, they have some — certain facilities have some flexibility,” said NYISO spokesperson Kevin Lanahan. GAS INVESTIGATION: The Public Service Commission took an initial step toward penalizing Central Hudson for a gas explosion last year in Wappinger Falls. The utility will have a chance to respond to the allegations as part of the PSC’s civil enforcement process. — Also at the meeting: The commission got its usual update on winter preparedness of the gas and electric system. Additionally, the PSC also approved NYPA’s program for low-income electric customers that was part of last year’s budget deal. The governor’s office hailed the program, which will be aligned with Statewide Solar for All and the existing affordability program for low-income customers. CONGESTION DELAY — A ruling on lawsuits aimed at restarting congestion pricing won’t happen before Election Day, after Hochul’s legal team requested a one-month delay on Tuesday. Supreme Court Judge Arthur Engoron granted the request, which gives the governor until Nov. 15 to fully answer legal challenges to her “pause” of the tolling program. The new deadline means the judge, who previously rejected the governor’s attempts to dismiss the lawsuits, won’t be in a position to order Hochul to move ahead with the tolls just days before the election. Such a ruling would have been an amazing development, since Hochul nixed the tolls amid worries about their unpopularity with voters. The lawsuits were unveiled this summer by environmental groups, transit advocates and city Comptroller Brad Lander. Attorneys for those groups did not oppose Hochul’s requested delay. A court filing said sides are not in settlement talks but the additional time may “allow the parties to identify ways to narrow the dispute and most expeditiously get the congestion pricing program back on track.” — Ry Rivard COMMUTER COSTS — A new report by New York State Comptroller Thomas DiNapoli found that New YorkCity metropolitan area transportation costs rose by 56 percent over the past decade but remain below costs in other cities, largely because about half the city relies on public transit. “City residents are fortunate to have a public transit system that operates around the clock to help keep some costs relatively low,” DiNapoli said in a statement. “City and state officials need to keep a close eye on transportation costs to ensure they remain affordable and help to offset higher costs of other household essentials.” The costs — which include vehicle purchases, leases, maintenance, gasoline, insurance, and a range of other public and non-public transportation services — average out to nearly $13,000 a year per household and 14 percent of household spending. Nationally, transportation costs are about 17 percent of household spending. Part of the reason for the increase: more car purchases and the use of taxis and other car services driving up the average costs. The share of households that used public transit for work declined in every borough from 2013 to 2023, with Brooklyn seeing a 10 point drop from 52 percent. — Ry Rivard
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