Tag Archives: schneiderman

ExxonMobil just got some bad news.

The New York State Supreme Court is requiring the oil giant and its accounting firm PricewaterhouseCoopers to turn over documents subpoenaed by state Attorney General Eric Schneiderman. He’s conducting a fraud investigation into the company, spurred by a report from InsideClimate News last year that revealed Exxon knew fossil fuel burning was heating up the atmosphere back in the 1970s and deliberately misled the public about it.

Earlier this month, Exxon attempted to halt the investigation by suing Schneiderman, as well as Massachusetts Attorney General Maura Healey, and arguing that their investigations are politically motivated.

Exxon has also been arguing, under a Texas statute, that documents held by PricewaterhouseCoopers are privileged. But yesterday, the New York court ruled against the company on that point. The court, as the Washington Post reports, determined that New York law, not Texas law, governs the dispute, and ordered the company to comply with Schneiderman’s subpoena.

Schneiderman was pleased with the ruling, of course. He said he looks forward to “moving full-steam ahead with our fraud investigation” and called on Exxon to “cooperate with, rather than resist,” the probe.

ExxonMobil has no such intention. The company said it will appeal the ruling.

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ExxonMobil just got some bad news.

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The Story of the Great Brooklyn Voter Purge Keeps Getting Weirder

Mother Jones

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The first head has rolled after more than 100,000 voters were mistakenly purged from the Brooklyn voter rolls ahead of this week’s New York primary, which handed Hillary Clinton a much-needed win over Vermont Sen. Bernie Sanders. Diane Haslett-Rudiano, the chief clerk of the New York Board of Elections, was suspended “without pay, effective immediately, pending an internal investigation into the administration of the voter rolls in the Borough of Brooklyn,” the agency said in a statement, according to the New York Daily News.

Anonymous city elections officials said Haslett-Rudiano, who was in charge of the city’s Republican voter rolls, had been “scapegoated,” according to the New York Post. “It sounds like they cut a deal to make the Republican the scapegoat and protect Betty Ann,” an anonymous Democratic elected official from Brooklyn told the Post, referring to Betty Ann Canizio, who was in charge of the Democratic voter rolls.

On the day of the primary, New York City Mayor Bill DeBlasio, a Clinton supporter, said he’d heard reports of the “purging of entire buildings and blocks of voters from the voting lists.” He said, “The perception that numerous voters may have been disenfranchised undermines the integrity of the entire electoral process.”

The voter purge was just one of several problems with the primary throughout the city. Voters also reported long lines, poll locations that didn’t open, and, in one case, an elections worker sleeping on the job.

According to the Daily News, Haslett-Rudiano was in charge of maintaining accurate voter registration lists, a job that includes updating party registration information and removing the names of people who’ve died or moved. That process had fallen six months to a year behind schedule, according to WNYC, which reported the day before the primary that 60,000 Democrats had been removed from the polls in Brooklyn. That number later doubled after the Board of Elections followed up on the WNYC story.

New York City Comptroller Scott M. Stringer has opened an investigation into the matter, and New York State Attorney General Eric Schneiderman announced that his office had received more than 1,000 complaints about the election and would also look into “alleged improprieties” by the New York City Board of Elections. Scheiderman’s statement noted that he would expand his investigation to other areas of the state if warranted. On Friday, an official in Schneiderman’s press office told Mother Jones that there had been reports of issues in other parts of the state, but that for now the investigation was limited to the New York City area.

“Voting is the cornerstone of our democracy, and if any New Yorker was illegally prevented from voting, I will do everything in my power to make their vote count and ensure that it never happens again,” Schneiderman said.

According to the Daily News, Haslett-Rudiano skipped a step in the process of purging people from the list, which led to some people being improperly removed. Many voters reported being registered as Democrats, only to find that their affiliation had been changed from Democrat to unaffiliated. That meant they couldn’t vote in New York’s closed primary election, which requires an official registration with one of the major parties.

This isn’t the first time Haslett-Rudiano has made headlines. According to the Daily News, a building she owned on the Upper West Side of Manhattan was the subject of more than 20 Department of Buildings violations over the years after she’d let it fall into disrepair. The building, which she reportedly bought for $5,000 in 1976, was sold in 2014 for $6.6 million.

New York State Board of Elections spokesman Thomas Connolly told Think Progress that each complaint he’d followed up on had been due to a mistake on the voter’s part. “I’ve yet to come across a voter registration that’s been maliciously changed,” he said. “There’s always been a legitimate reason.”

Election Justice USA, a national organization formed after the botched Arizona elections on March 22, tried to help voters whose affiliations had been switched without their knowledge by filing a lawsuit to make the primaries open to any registered voter. A judge dismissed that request on Tuesday, but the group hasn’t given up. Shyla Nelson, a co-founder of the organization, said there is an ongoing lawsuit seeking a review of all the provisional ballots submitted by voters who reported being removed from the rolls against their will. The group is also seeking to have provisional ballots (sometimes referred to as “affidavit ballots” in New York) counted before the state certifies its primary results on May 5.

Nelson told Mother Jones that an evidentiary hearing will be held in the case on April 29. The group is nonpartisan, said Nelson, who noted that there are Republicans among the 700-plus reports of election troubles the group has collected. She added that until there’s a full understanding of improperly disqualified ballots, the results of the election are in doubt.

“If that had not happened, would that have changed the outcome of the election?” she asked. “It may have. And so long as that’s out there as a question, I think we’re looking at some deep fundamental questions about how we conduct our elections systematically, and what it is that we need to do to ensure that we’re not left with so severe a level of doubt in that process.”

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The Story of the Great Brooklyn Voter Purge Keeps Getting Weirder

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One of the World’s Largest Coal Companies Misled Investors About Climate Change Risk, Investigation Finds

Mother Jones

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Just days after President Barack Obama rejected the Keystone XL pipeline, environmentalists were handed another victory Monday morning when New York State Attorney General Eric Schneiderman released the results of an investigation that found one of the world’s largest coal companies had misled the public and its shareholders about the risks climate change could pose to its bottom line.

After several years of investigations, Schneiderman reached an agreement with Peabody Energy that won’t require the company to admit it broke the law and does not entail a fine or other penalty. Instead, Peabody must file revised shareholder disclosures to the Securities and Exchange Commission with new language acknowledging that “concerns about the environmental impacts of coal combustion…could significantly affect demand for our products or our securities.”

Climate change could pose a serious risk to investors in publicly-traded fossil fuel companies, as governments around the world move to restrict carbon emissions. Many climate change advocacy groups say those companies have an obligation to their shareholders to be transparent about how demand for their product could diminish in the near future.

According to Schneiderman’s findings, Peabody had known since at least 2013 that policies enacted in the United States and abroad to fight climate change could significantly diminish demand for coal—one of the primary sources of greenhouse gas emissions. For example, one internal projection from that year found that climate regulations could slash sales at two of the company’s US coal mines by one-third or more, according to the findings. But at the same time, the company filed disclosures with the SEC that claimed it was “not possible for Peabody to reasonably predict the impact that any such laws or regulations may have on Peabody’s results of operations, financial condition or cash flows.”

That mixed messaging, Schneiderman found, violates New York laws prohibiting false or misleading claims in the company’s financial statements.

“As a publicly traded company whose core business generates massive amounts of carbon emissions, Peabody Energy has a responsibility to be honest with its investors and the public about the risks posed by climate change, now and in the future,” Schneiderman said in a statement.

In its own response, Peabody said the agreement represented “no admission or denial of wrongdoing” and that “the company has always sought to make appropriate disclosures.”

The agreement comes just days after Schneiderman issued a subpoena to ExxonMobil, kicking off an investigation into whether the oil giant has misled investors and the public about the basic science of climate change for decades. Exxon has denied any wrongdoing. While the two investigations have some similarities, Exxon could face tougher penalties than Peabody, said Andrew Logan, director of oil and gas programs at Ceres, an investor advocacy group. The allegations against Exxon stretch back much further in time and could potentially be more serious, so the attorney general could pursue more aggressive action against the company, Logan said.

Even with the Peabody investigation over, the coal company is hardly in a happy place. Its share price has tanked 87 percent this year, squeezed by the shrinking global market for coal. Many of Peabody’s coal-industry peers are also gravely wounded. In fact, coal demand may soon hit its fastest decline in history, according to data released today by Greenpeace. And while Peabody escaped financial penalties this time around, it could still face litigation from aggrieved shareholders, Logan said.

“They’re going back in time to change what they said in their disclosure statements,” he said. “It’s a very unusual thing in the securities world, and tends to bring real liability.”

Meanwhile, the agreement could put pressure on the SEC to step up its enforcement of climate-related statements (or the lack thereof) made not only by other energy companies, but also by corporations in other climate-sensitive sectors, such as property insurance and agriculture.

“On the one hand, this action has been directed at two companies. But the reasons they were targeted could be applied to whole other industries,” Logan said. “This is a huge victory for investors.”

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One of the World’s Largest Coal Companies Misled Investors About Climate Change Risk, Investigation Finds

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New York Launches Probe Into Allegations Exxon Covered Up Climate Dangers

Mother Jones

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On Thursday, New York Attorney General Eric Schneiderman announced the state has officially opened an investigation looking into whether ExxonMobil deliberately covered up research into the dangers of climate change.

From the New York Times:

The focus includes the company’s activities dating to the late 1970s, including a period of at least a decade when Exxon Mobil funded groups that sought to undermine climate science. A major focus of the investigation is whether the company adequately warned investors about potential financial risks stemming from society’s need to limit fossil-fuel use…”We unequivocally reject the allegations that Exxon Mobil has suppressed climate-change research,” Exxon vice president Kenneth P. Cohen said, adding that the company had funded mainstream climate science since the 1970s, had published dozens of scientific papers on the topic, and had disclosed climate risks to investors.

The announcement comes on the heels of calls from Democratic presidential candidates, including Bernie Sanders and Hillary Clinton, for the US Justice Department to open a similar investigation.

This is a breaking news post.

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New York Launches Probe Into Allegations Exxon Covered Up Climate Dangers

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New York, California move to ban beauty products containing microbeads

New York, California move to ban beauty products containing microbeads

Shutterstock

Scrubbing dead skin cells off your face and tartar off your teeth trashes the environment if it’s not done right. The right way to do it is with facial scrubs, shampoo, and toothpaste that do not contain microbeads. The microscopic balls of hard plastic flow down drains and pass through wastewater treatment plants, ending up in rivers, lakes, and oceans, where they enter the food chain.

Finding microbead-free products isn’t easy right now — you have to read ingredient lists and steer clear of products that contain “polyethylene” or “polypropylene.” Natural alternatives include ground almonds, oatmeal, and pumice.

But if lawmakers in California and New York get their ways, the microbead-loaded varieties will become nearly impossible to purchase in two of the most populous states in the country.

5 Gyres

A microbead ‘fro on Abe Lincoln.

Late last month, New York Assemblywoman Michelle Schimel (D) got the ball rolling when she introduced A.8652, which would ban the sale of personal care products and cosmetics containing microbeads. On Tuesday, Schimel was one-upped by Assemblyman Robert Sweeney (D), who, with the backing of New York Attorney General Eric Schneiderman (D) and the nonprofit 5 Gyres, introduced A.8744 — which would ban the sale, manufacture, and distribution of such products.

New York League of Conservation Voters President Marcia Bystryn said Sweeney’s bill would not only help to protect the state’s lakes and waterways, but would also “set an example for other states around the country to address this emerging environmental threat.”

And that it did.

California Assemblyman Richard Bloom (D) introduced AB 1699 on Thursday. The bill would prohibit the sale of most products containing microplastic, though it would permit tiny amounts of the tiny plastics — less than one part per million.

Proctor and Gamble, Unilever, and Colgate-Palmolive have all made recent commitments to start phasing microbeads out of their products. “We are discontinuing our limited use of micro plastic beads as scrub materials in personal care products as soon as alternatives are qualified,” a Procter & Gamble spokeswoman told the L.A. Times.

The new legislative pressure should help ensure that these corporate giants make good on their pledges to scrub the microplastics out of their cleansing products.


Source
A.G. Schneiderman Proposes First-in-the-Nation Legislation Banning Plastic Microbeads In Commonly Used Cosmetics, Attorney General Eric Schneiderman’s website
5 Gyres Introduces Legislation With NY Attorney General To Ban The Microbead, 5 Gyres
Bill banning sale of cosmetics containing microbeads to be proposed, L.A. Times

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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Seven states, led by New York, sue EPA over methane from oil and gas drilling

Seven states, led by New York, sue EPA over methane from oil and gas drilling

One of the benefits of being an elected official in a bright blue state, a state so blue that it casts a pale blue glow over its neighbors, is that you can be pretty aggressively liberal. New York state has a proud tradition of such politicians (as well as some less aggressive ones) — particularly those politicians ensconced as state attorney general.

Ten years ago, the state’s attorney general was a gentleman named Eliot Spitzer. Spitzer basically created the role of the crusading AG, running hard against Wall Street, prostitution (ahem), and pollution. When he wasn’t at the office, he was at home with his wife Silda, because he is a family man. Spitzer was succeeded in his role by Andrew Cuomo, who went after student loans and violations of privacy by police. In January 2011, when Cuomo became governor, the AG position was assumed by Eric Schneiderman — who has taken up the activist tradition with gusto.

citizenactionny

Schneiderman, during his campaign for attorney general.

Last May, Schneiderman filed a lawsuit against the federal government seeking to force an environmental review of fracking. That lawsuit was tossed out. So today, Schneiderman is trying a different route. From his website:

Attorney General Eric T. Schneiderman, leading a coalition of seven states, today notified the federal Environmental Protection Agency (EPA) of his intent to sue the Agency for violating the Clean Air Act by failing to address methane emissions from the oil and natural gas industry. …

Methane is a very potent greenhouse gas. Pound for pound, it warms the climate about 25 times more than carbon dioxide. EPA has found that the impacts of climate change caused by methane include “increased air and ocean temperatures, changes in precipitation patterns, melting and thawing of global glaciers and ice, increasingly severe weather events — such as hurricanes of greater intensity — and sea level rise.” In 2009, EPA determined that methane and other greenhouse gases endanger the public’s health and welfare.

The EPA’s decision not to directly address the emissions of methane from oil and natural gas operations — including hydrofracking — leaves almost 95% of these emissions uncontrolled.

In August, the EPA finalized new pollution standards for the oil and natural gas industry which limited the amount of volatile organic compounds and other toxics that could be emitted at new extraction sites. But the rule doesn’t explicitly cover methane, though some of the methane that might otherwise escape would be captured or flared under the newly mandated systems. How much methane escapes during extraction — particularly during fracking — is hotly debated.

The EPA is no stranger to taking action in response to a legal dictate; in fact, lawsuits are one of the agency’s primary motivators. 2011′s proposed standard on mercury and air toxics from coal-burning power plants only happened because a court insisted that the EPA develop stricter pollution standards. Lawsuits from states and environmental organizations can reduce the political pressure faced by the EPA — and its supervising administration — when tightening rules that will result in higher costs for industry.

Industry reacted to today’s news as you’d expect, with a representative of the American Petroleum Institute telling the Associated Press that the lawsuit “makes no sense.” Of course, any regulation or imposition on the oil industry makes no sense to the API, because it means having polluters bear the costs of their pollution, and who would want that?

There are two reasons this lawsuit is smart for Schneiderman. The first is that it falls in the sweet spot of two controversial issues: climate change and fracking. New Yorkers are newly sensitive to the former topic, and a battle over the latter has been going on for months. Schneiderman is staking a bold, popular position in both cases.

Which leads to the second reason that this lawsuit is smart. Both of the last two elected governors of New York came directly from the office Schneiderman now holds. There’s basically a footpath worn from the attorney general’s office to the governor’s, with inspirational posters hung along the way saying things like “Bring truth to power!” and “Everyone hates polluters!” As that Associated Press article notes, the seven states that are party to Schneiderman’s suit — New York, Connecticut, Delaware, Maryland, Massachusetts, Rhode Island, and Vermont — are not big oil and gas producers. But they’re all bathed in that blue light; the attorney general in each can feel confident that taking on greenhouse gas polluters is a politically safe fight to pursue.

For Schneiderman, it’s a push for higher office. But if it results in stronger curbs on methane pollution, who are we to argue?

Philip Bump writes about the news for Gristmill. He also uses Twitter a whole lot.

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Seven states, led by New York, sue EPA over methane from oil and gas drilling

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