NY Governor Andrew Cuomo

ALBANY – Governor Andrew Cuomo has signed first-in-the-nation legislation (S.8160/A.10742) to curb the power of independent expenditure campaigns unleashed by the 2010 Supreme Court case Citizens United vs. Federal Election Commission.

The legislation also takes significant steps to strengthen disclosure requirements for political consultants and lobbyists who provide services to sitting elected officials or candidates for elected office by requiring them to register with the state and reveal their clients.

According to Gov. Cuomo, the Supreme Court’s Citizens United decision unleashed a torrent of dark money into electoral politics. By permitting independent expenditure committees to receive and spend unlimited amounts of funds on elections, the Court bestowed unlimited power on society’s most powerful individuals and entities, and revoked what little power ordinary citizens had left in our electoral process.

Without comment, the justices declined to review a lower-court ruling that upheld the constitutionality of the New York ban, which bars the sale of a series of semi-automatic weapons based on their physical characteristics. The high court on Monday also upheld a similar Connecticut ban on assault weapons.

Monday’s Supreme Court action means that a ruling from March by the 2nd Circuit of the United States Court of Appeals will stand.  That decision was the second issued by the federal appeals court saying the SAFE Act’s ban on semiautomatic assault-style weapons, along with a prohibition on large-capacity ammunition magazines, do not violate the Second Amendment’s guarantee of the right to keep and bear arms.

Gov. Andrew Cuomo – the architect of the SAFE Act – called the decision by the Supreme Court not to hear the case a victory for common sense gun control laws in New York and across the nation.

Rep. Tom Reed (R-Corning)

WASHINGTON – The Supreme Court opened the door to more lawsuits over the Clean Water Act in a Tuesday ruling that allowed businesses to challenge the federal government’s decisions on which wetlands and streams it can regulate.

The decision is being viewed as a big win for conservatives and property rights activists who have long challenged the federal government’s broad reach under the Clean Water Act.

In Tuesday’s case (U.S. Army Corps of Engineers v. Hawkes Co., Inc.) the eight active justices unanimously agreed that the determinations should be open to court review, with four offering concurring opinions outlining separate lines of reasoning for reaching that conclusion.

A former Justice Department attorney said that the fact that the ruling was unanimous shows that even the liberal justices will not automatically defer to the Obama administration’s Clean Water Act policy interpretations which impact property rights.

Following the decision, Congressman Tom Reed (R-Corning, NY 23) – who is chairman of the congressional Private Property Rights Caucus – said he applauds the ruling.

“The Fifth Amendment Right to private property is critical to a free society,” Reed said in a released statement following the decision. “We care about protecting private property owners from the overreach of big government and stopping the federal government from riding roughshod over the rights of ordinary citizens. Allowing land owners to appeal the decisions of nameless Washington bureaucrats is the right thing to do, and we applaud the ruling.”

NRG Power Plant in Dunkirk

WASHINGTON – Congressman Tom Reed (R-Corning) and State Sen. Cathy Young (R-Olean) are expressing their concern and disappointment with the New York State Public Service Commission (PSC) after learning it plans to terminate a contract involving the repowering of the NRG Power Plant in Dunkirk.

Reed and Young both made a statement on Tuesday regarding the expected cancellation of the 10-year agreement that was made in 2014 between NRG and National Grid. Under the terms of the 2014 contract, the NRG coal-burning power plant would have be converted to a natural gas-burning power plant. The move would have allowed the plant to remain operational, preserving dozens of jobs in the north county while also maintaining property tax payments for the city of Dunkirk, the Dunkirk School District, and Chautauqua County.

However, the PSC now plans to terminate the agreement and is seeking public input on the matter.

According to the PSC, the likely termination is based on NRG’s decision to mothball the facility rather than meet the required September 2015 deadline to add natural gas-firing capabilities to the plant. The PSC also cites the decision by NRG to go with other transmission upgrades that would make the conversion of the plant in Dunkirk obsolete. Moreover, the PSC has cited an April 19, 2016 Supreme Court decision (Hughes v. Talen Energy Marketing, LLC) that could be used to nullify any state-ordered contract for the sale of electric generation capacity – including the one that was approved in 2014 between NRG and National Grid.

• READ THE PSC’S LETTER SEEKING PUBLIC COMMENT [PDF]

Because of the reasons provided, the PSC is now requesting public comment on the impending contract termination, with a deadline set for June 3, 2016. Any filings should refer to “Case 12-E-0577.”

The power plant was mothballed by NRG as it worked to fight a lawsuit challenging the conversion, as well as focus on other projects not involving the Dunkirk facility.

REED, YOUNG BLAME STATE’S ‘ANTI-NATURAL GAS AGENDA’

Rep. Tom Reed (R-Corning)

On Tuesday Congressman Reed politicized the PSC decision by putting the blame on Gov. Andrew Cuomo and other state lawmakers who’ve pushed for a an energy policy that focuses more on renewable sources, rather than those from fossil fuels.

“It’s very frustrating that this NRG plant will close due to the extreme anti-natural gas agenda in Albany,” Reed stated. “The result is jobs lost, higher electric rates, and higher property taxes – directly harming our community. Our entire region will suffer the negative consequences of a weaker economy – all because of extremists in Albany who are opposed to natural gas telling those of us in places like Dunkirk and Chautauqua County that they know better than we do.”

Senator Young also released a statement on Tuesday, which also pointed the finger at state policy for failing to keep the conversion from moving forward, instead supporting out-of-state interests.

“I condemn the state’s new found policy to destroy our power generators, and thus our jobs and tax base, by relying on importing power from Canada and dirty coal plants in neighboring states, including Pennsylvania and Ohio,” Young said. “Most notably, the PSC previously approved a huge transmission project so that National Grid now draws power into Western New York from Pennsylvania’s Homer City, one of the hugest, filthiest coal plants in the country. The substation that was completed last December has a 345,000 volt line coming from Homer City into a substation in Cattaraugus County, reducing the voltage to 115,000 volts, the same voltage that was generated by Dunkirk NRG’s power station. There also is transmission construction south of Dunkirk by Pennsylvania’s First Energy power company, which also is replacing Western New York’s power generators.

Senator Catherine Young (R-Olean)

“These out-of-state imports have replaced NRG’s power that is needed to maintain system reliability,” Young continued. “Pennsylvania’s grid power has triple the greenhouse gas emissions than New York State power sources, and Pennsylvania does not belong to the Regional Greenhouse Gas Initiative (RGGI). All of those toxic pollutants spewing from these neighboring coal plants and the acid rain generated by them drifts into New York State, negatively impacting our people’s health and our environment.”

Despite the latest developments and the odds being staked against the Dunkirk plant, Sen. Young said she would still fight to keep the project moving forward.

“As long as the contract between NRG and National Grid is in place, there is hope to repower the NRG plant into a clean, efficient natural gas facility that would provide jobs and stabilize the tax base,” Young said. “Now the PSC is pushing to discontinue the contract based on the fact that NRG has failed to begin the construction, the PSC and the Independent System Operator (ISO) have instituted policies to make New York State dependent on out-of-state generators and transmission, and the fact that there is a Supreme Court decision which holds that state regulators cannot interfere with wholesale interstate power markets.

“Killing New York jobs and taking away our power generation hurts our economy, and dooms Western New York’s ability to expand manufacturing opportunities… The PSC and ISO policy of exporting our jobs and power generation is a catastrophe.” Young added. “New York State government should be held accountable for these terrible decisions.  The madness of wiping out our power generation has to end… That is why I am introducing legislation to require an analysis of imported power, a comparison of pollution from out-of-state generation to our power plants, and an analysis of its effect on our state’s power industry.”

While a contract termination by the PSC could spell major economic problems for Dunkirk and even the entire county, Young also reminded residents that there will be financial assistance during the short-term.

“Our regional taxpayers will not be hurt because we successfully fought to include the power plant mitigation fund in this year’s state budget, so the tax loss from the NRG pilot payment will be offset to the Dunkirk School District, the City of Dunkirk, and Chautauqua County,” Young said. “But we need long term solutions. If the PSC does discontinue the contract between NRG and National Grid, I will work as hard as I can to effectuate alternate solutions that will grow jobs, the economy, and the tax base.”

Congressman Reed said he will also work to find alternative solutions, should the contract termination take place.

“Our office will continue working with them and other local leaders to ensure that we can bring quality, family-sustaining jobs our region. We will continue exploring new options to obtain federal help for communities directly impacted by coal plant closures and to encourage use of our domestic energy resources such as wind, solar, natural gas and clean coal rather than depending on Middle East oil.”

The decision Monday by the U.S. Court of Appeals for the Second Circuit found that the SAFE Act in New York and laws in Connecticut do not infringe on the Second Amendment, as gun-rights groups contended in their lawsuits.

The laws were passed following the Sandy Hook Elementary School shooting in 2012.

The court, however, found New York’s requirement that only seven bullets can be loaded into a 10-round magazine is unconstitutional, upholding a previous court ruling. In response to that earlier ruling, New York has already agreed to not enforce the seven-bullet limit.

Gov. Andrew Cuomo praised the ruling while gun-rights groups called it disappointing, but expected. The New York Rifle & Pistol Association has vowed to take the case to the U.S. Supreme Court.

Rep. Tom Reed (R-Corning)

WASHINGTON – The Supreme Court has made a decision that upholds a key component of the Affordable Care Act – which held to further strengthen the law and prevent it from being dismantled by its opponents.

The high court ruled 6 to 3 in King v. Burwell to uphold federal subsidies for low- and middle-income Americans to help pay insurance premiums. Following the decision, President Barack Obama said the law has proven it can work and has already helped millions of Americans, adding that with the new ruling by the court it is likely here to stay.

In writing the opinion of the ruling, Chief Justice John Roberts, Jr. said that Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.

Congressman Tom Reed (R-NY 23rd Congressional District), who represents Chautauqua County in Congress and who has been a long-time opponent of federally funded healthcare, said he is disappointed by the ruling and it’s now up to Congress to make every effort to repeal the law.

The Corning Republican also said that If the American people really want to see the law repealed, they will have to make it happen by voting for a candidate that supports that action in the 2016 presidential election.

On Tuesday State Supreme Court judge Penny Wolfgang granted 36 year-old Jeffrey Basil’s defense team’s motion to toss out the guilty verdict of second-degree murder and tampering with physical evidence.

Wolfgang said one of the jurors failed to inform attorneys of her prior military experience and arrest record during jury selection right before Basil’s trial. As a result, the case will have to e retried.

In January Basil was found guilty in the  death of 28 year-old William Sager, Jr. The jury found that Basil – who was working as a bar manager – intentionally killed Sager by shoving him down a staircase at the now-closed Molly’s Pub on the morning of May 11, 2014. The incident resulted in Sager’s head being slammed into a concrete floor at the bottom of the stairs. He died after about two months in a coma at the Erie County Medical Center.

(Clockwise from top left): Congressman Tom Reed (R-Corning); Candidate Martha Robertson (D-Ithaca); Candidate Barrie Yochim (D-Jamestown); Republican Andy Goodell (R-Chautauqua).

DUNKIRK – Congressman Tom Reed (R-Corning) and State Assemblymen Andy Goodell (R-Jamestown) – who are both running for reelection this November – were in Dunkirk Thursday afternoon to speak out against a lawsuit involving the NRG Repowering Project.

The two explained that the lawsuit filed by the Sierra Club against the state Public Service Commission is frivolous and if successful, would harm not only taxpayers in the Dunkirk area but also those across the county, because NRG is the largest tax payer in the county.

The lawsuit is scheduled to be heard Nov. 7 in Albany Supreme Court.

The event coordinated by Reed and Goodell did not include appearances by their respective opponents, Martha Roberston (D-Ithaca) or Barrie Yochim (D-Jamestown), both of whom also oppose the lawsuit.

Yochim has said he also opposes the lawsuit and if his schedule allowed it – and had he known of the scheduled news conference – he would have also been on hand to publicly announce his opposition to the lawsuit.

Robertson’s campaign has also made it clear she does not support the lawsuit, even though the Sierra Club has endorsed her as a candidate.

In a statement released Friday, Robertson said, “I drove across the 23rd District in the dead of winter to stand with the working families of Dunkirk to advocate for keeping the NRG plant open, and converting it to natural gas. While I understand the Sierra Club’s position, I also know that these jobs need to stay right here at home. I don’t have anything to do with this lawsuit and I do not think it’s in the best interest of working people in Chautauqua County.”

In the same statement, Robertson also went on the attack against Congressman Reed. “Once again, Congressman Tom Reed is making false, negative attacks against me,” she explained. “I am clearly on the record supporting Dunkirk repowering. He is deliberately misleading voters, and refusing to face me in a televised debate in Western New York, because he can’t defend either these false attacks or his own failed record.

COUNTY DEM COMMISSIONER CRITICIZES REED CAMPAIGN

Chautauqua County Democratic Committee Chairman Norman Green was critical of the Reed-Goodell news conference and released a statement Thursday night criticizing Congressman Reed. In the release, he called the event a shameful substitute for a debate on the issues.

“Tom Reed was in Dunkirk hosting a set-up contrived news conference blasting the Sierra Club lawsuit attempt to shut down the Re-powering of the Dunkirk NRG,” said Green.  “The majority of the citizens of our county and Democratic Congressional candidate Martha Robertson herself disagrees with the Sierra Club lawsuit.  Tom Reed’s news conference is a shameful substitute for a real debate on the real issues.”

Green also said that Reed should be more willing to debate the real issues with Robertson in a public debate, either with the County League of Women Voters or one that would be televised in the region. While Chautauqua County contains 20 percent of the voting base in the 23rd Congressional district, the only local debate Reed has agreed to with Robertson is a closed-door debate with the editorial staff of the Jamestown Post-Journal.

Meanwhile, Goodell and Yoakum  have already taken part in at least one debate and will take part in several others, including a public debate Oct. 21 at 7pm in Jamestown, hosted by the League of Women Voters.

Akhil Reed Amar

CHAUTAUQUA – Chautauqua Institution’s 10th annual Robert H. Jackson Lecture on the Supreme Court of the United States will be delivered by Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University, Monday at 4 p.m. at the Institution’s Hall of Philosophy.

Akhil Reed Amar is a leading scholar, teacher and writer on the Constitution, the Supreme Court, and constitutional law and history.  He is the co-editor of a leading constitutional law casebook, Processes of Constitutional Decision Making.

He is also the author of several books, including The Constitution and Criminal Procedure: First Principles, The Bill of Rights: Creation and Reconstruction, America’s Constitution: A Biography, and most recently, America’s Unwritten Constitution: The Precedents and Principles We Live By.

The Robert H. Jackson Lecture on the Supreme Court of the United States at Chautauqua Institution is an annual reflection on the Supreme Court, on which Robert H. Jackson served as an Associate Justice from 1941-1954.