Shifting Ground

Climate Cost Clash, ICE Showdown, Democratic Defectors

Good morning from New York City, where the nation’s very first Labor Day parade took place in 1882.

Organized by the Central Labor Union, the parade drew between 20,000 and 30,000 workers who marched from City Hall to Union Square, demanding an eight-hour workday. And they were serious about being heard, as many sacrificed a day’s wage to stand alongside their fellow workers.

The march was both a celebration of working people and a powerful show of union solidarity.

More than 140 years later, we remember those who fought for a better future and honor the workers who carry that legacy forward.

Flash forward to today, when New York’s “Climate Superfund” is in doubt after a federal court struck down the 2024 law that would have required fossil fuel companies to pay a collective $75 billion (over 25 years) to fund future climate resiliency projects. 

Judge Brenda Cannes found that the measure is “beyond the limits of state law.” Her decision said, in part, “The Climate Act is an unusual and sweeping statute, designed to address the effects of climate change—a ‘uniquely international problem of national concern.” Senator Liz Krueger, the Senate sponsor of the legislation, immediately called on New York Attorney General Letitia James to appeal the decision, offering, “Guess what? If we don’t win, there’s about $75 billion of planned climate resilience funding that we, the taxpayers of New York, will have to pay instead of the major fossil fuel polluters who caused this damage.”

Do you agree with the judge’s ruling that New York’s Climate Superfund law is an overreach? Have your say in our poll below!

Governor Kathy Hochul was more measured; her spokesperson said, “Taxpayers shouldn’t have to foot the bill for damages caused by polluters. We are reviewing the decision to determine possible next steps.” Recent efforts by New York State to address environmental concerns have been marred by false starts, as repeated legal challenges have left many environmental advocates frustrated, including those like Kreuger, who believe the funding created by this legislation is essential to mitigating climate change. Cassidy DiPaola, the Communications Director for Make Polluters Pay, said, “If allowed to stand, some of the richest corporations in history get to walk away from $75 billion they owe New Yorkers. The floods will still come, roads will still wash out, and communities will still need billions to protect themselves.” This is worth watching to see where it ends up.

Federal immigration enforcement—and the degree to which local law enforcement agencies should assist those efforts—continues to be a hotly contested issue on the campaign trail across New York. Nassau County Executive and GOP gubernatorial candidate Bruce Blakeman reluctantly confirmed that he—and Nassau County—will be complying with Hochul’s new “Local Cops, Local Crimes Act,” a law prohibiting local police departments from entering into formal agreements to work with Immigration and Customs Enforcement, known as 287(g) agreements. At a news conference, Blakeman said, “I believe in the rule of law—even when it’s a bad law. And this is a very, very bad and dangerous law. But we don’t get to pick and choose the laws that we have to enforce or abide by.” The new law, and immigration enforcement more broadly, has become a centerpiece of the Blakeman campaign, and Nassau County has signed on to a lawsuit brought by a coalition of 15 sheriffs across the state challenging the ban on 287(g) agreements.

At a press conference, Blakeman said, “I want to be very clear about this law: This law is written in the blood of the victims, past, present, and future. This law is completely misguided and will make our communities less safe. We have a governor and a legislature [wherein] every major criminal justice initiative makes it easier for criminals to prey on our communities.” At the same time, one county, Rensselaer in the Capital Region, has made it clear that it has no intention of complying with the law, leading Attorney General Letitia James to file a lawsuit in New York State Supreme Court seeking enforcement. County Executive Steve McLaughlin, a vehement critic of Hochul’s, offered, “We don’t really care what this legislature did. We are not going to let them endanger our citizens. I dare you to confront me on this, governor. We’re not stopping.” 

Hochul and her Democratic allies are doing their darnedest to seize control of the narrative around crime, accusing her opponents of playing politics with public safety, saying in a statement, "Compliance with the Local Cops, Local Crimes Act is not optional. Rensselaer County’s failure to act in accordance with the law sends a clear message: these elected leaders are not serious about New Yorkers’ safety.” On Blakeman’s remarks, Hochul pushed back on the idea that the measure will prevent law enforcement from doing their jobs, saying, “The Local Cops, Local Crimes Act does not tie the hands of our police or stop them from apprehending dangerous criminals, and local law enforcement can and will continue to work with federal authorities on criminal investigations and violent crime just as they always have.”

Hochul has also gone on the offensive, accusing President Donald Trump of “betraying every family that lost someone on 9/11” after their public spat last year resulted in the federal government withholding 40 percent of the state’s allocated counterterrorism funding. The Trump administration eventually released $100 million from the Homeland Security Grant Program, but continues to withhold an additional $87 million, money that Hochul and New York City Mayor Mamdani have argued is critical for ongoing anti-terrorism efforts. Standing next to Mamdani, Hochul declared, “Let me translate that in real simple terms: Donald Trump is defunding the police. If you don’t release the counterterrorism funding, you’re betraying every family that lost someone on 9/11.” Trump is not expected to attend the 25th Anniversary Commemoration in New York City on Friday, sending Vice President J.D. Vance in his place. An event that is the subject of its own controversy

OD&A’s Ralph Ortega goes ‘On the Record’ with State Senator Nathalia Fernandez, representing the 34th Senate District, which includes parts of the Bronx and Westchester County.

Senator Fernandez talks about her upbringing, political journey, and legislative priorities heading into the upcoming session. Read on!

In Washington, D.C., Congress passed a stopgap measure last week to fund federal agencies through December 11, thereby avoiding a government shutdown in October. The funding measure is a major win for House Speaker Mike Johnson and his members, allowing vulnerable incumbents to campaign for reelection without the threat of a government shutdown adding to the narrative of Washington dysfunction.

In addition to funding federal agencies, the agreement will temporarily block the White House from finalizing a plan to place political appointees in charge of approving federal grants and delay a ban on intoxicating hemp products. After the usual wrangling, the measure itself enjoyed bipartisan support once the House had (reluctantly) agreed to adopt Senate language restricting grant approval processes and including a prohibition on new funding for ICE and Border Patrol. However, there was griping and internal Republican opposition stemming from an innate aversion to short-term spending bills as well as dissatisfaction with the last-minute pressure from the White House to regulate intoxicating hemp instead of proceeding with a ban that had been enacted last November. 

These internal frustrations were manifest as five Republicans voted no on a key procedural rule last week, the rule that would allow debate on this funding measure (as well as a few additional GOP-led bills). The rule ultimately passed, but only after two Democrats—Reps. Jared Golden of Maine and Marie Gluesenkamp Perez of Washington—broke ranks, providing the necessary cushion to save the rule (it passed 210 to 208), save Johnson, and advance the funding measure.

A little background: to bring most bills to the floor, House leaders must pass procedural measures known as “rules” that do not have the force of law, but are necessary to move legislation to a final vote. They are typically approved on party-line votes, in which all members of the majority are in favor, regardless of whether they back the legislation. Members in the minority, in turn, reflexively oppose rules, regardless of their position on the underlying bill.

It is routine for House members to cross party lines on actual legislation or policy matters, but it is almost unheard of for members to break ranks and vote for the rules that the majority utilizes to set the floor agenda, a unity that Democrats have been broadly proud of—even smug about—as in recent years, a group of far-right Republicans, unhappy with leadership has refused to back the measures. House Democrats have consistently towed the party line, forcing Republicans to either abandon their agenda or resolve their internal disputes, often very publicly.

The reaction by Democrats to their own crossing of party lines was strong, including accusations of betrayal and demands that the offending members be disciplined for bucking the party line. It also invited a focus on Democratic Leader Hakeem Jeffries. Jeffries admitted that he, too, had been blindsided by the decision by the two lawmakers to side with Republicans and passed the buck, saying that it had been the job of the chief whip (and No. 2 Democrat) to be aware of such things. “You’ll have to talk to Katherine,” he told reporters, referring to Representative Katherine M. Clark of Massachusetts. She later acknowledged that she, too, had not been aware.

One leading Democrat, Rep. Robert Garcia, the top Democrat on the Oversight Committee, led the call for repercussions: “I think there should be a punishment, I think there should be consequences.” House leadership, facing an outcry from members, denounced the votes as a “significant breach of trust” that required “a serious response.” Rep. Jim McGovern of Massachusetts, the top Rules Committee Democrat and a close ally of Jeffries, said, “If there’s no understanding that we need to stay together on procedural measures, then we’re going to be like Republicans. I mean, they can’t get anything done because everybody’s going off in different directions.” Former Speaker Nancy Pelosi, who was famous for her ability to keep her members in line, said, “We didn’t even consider that anybody would do that. We never had that problem, so I’m disappointed that they did that.”

The legislation that these Democratic votes allowed to advance included a measure condemning socialism and calling for an election security crackdown, both part of broader efforts by Republicans to show Democrats as radicals. 

Being Democrats, the Democratic leaders said they had referred the matter to a party committee that governs caucus rules, although that group is not actually responsible for disciplining members. Afterward, Clark said that leaders needed to have “a discussion with the broader caucus.” Another Democratic leader, Rep. Mike Levin of California, head of that committee, later told reporters that members made “a variety of suggestions to change our rules” but that those changes would not be immediate. The reality is that the malefactors themselves were not in a prime position to be chastised: Golden is leaving Congress at the end of session while Gluesenkamp Perez represents a rural, Republican-leaning district, where a high-profile feud with party leaders is likely to strengthen her re-election bid. Reacting to the threats of consequences, Gluesenkamp Perez said, “If that’s what they feel they need to do, it’s not going to change how I represent my district,” adding that she “slept like a baby” after the vote.

Altogether, the split among Democratic leaders raised questions about what might happen in January if the party is able to win a majority, especially if that majority is a narrow one.  

Furthering those concerns? The measure advancing condemnation of socialism garnered eight Democrats to cross party lines to vote for it, including Golden and Gluesenkamp Perez, most from battleground districts, further highlighting the center-left vs. progressive-left internal battle. Darializa Avila Chevalier, a Democratic Socialist who defeated a five-term Jeffries ally in a primary in New York, condemned the vote and attacked the defectors: “Democrats love talking about a ‘big tent,’ but then they vote in line with Republicans hellbent on destroying our democracy and stripping Black and brown people of the right to vote.” Ouch.

Meanwhile, Massachusetts held primary elections last week, where Senator Ed Markey, 80, won the Democratic nomination again for Senate, this time against Rep. Seth Moulton, bucking the trend of younger challengers defeating entrenched incumbents. Markey did it by arguing that he has been a longtime fighter for progressive ideals who has used his experience to put real wins on the board for the progressive movement. To boost his progressive credentials, Markey racked up endorsements from the likes of his fellow Massachusetts senator, Elizabeth Warren, as well as Sen. Bernie Sanders of Vermont and Rep. Alexandria Ocasio-Cortez of New York. Even as the incumbent in the race, Markey faced a nearly 2-1 ad spending disadvantage: Moulton and outside groups supporting him spent $7 million compared with $3.9 million from the pro-Markey side.  

New Hampshire will hold its primary elections next week as one of the last of the 2026 midterm cycle, with the familiar choice for Democrats between a center-left frontrunner and progressive upstarts. The results from the Granite State will be closely watched by 2028 aspirants, given that New Hampshire is slated to vote third in the Democrats’ presidential primary calendar. In the Democratic Senate primary, Rep. Chris Pappas enjoys a well-built campaign operation and fundraising base that has definitively placed him as the frontrunner, but a recent poll showed progressive challenger Karishma Manzur narrowing his lead to 13 points. While that is a sizable margin in modern-day politics, we have seen progressives mobilize in the closing days of races to increase turnout. Pappas has refused to air negative ads against Manzur and has focused on an anti-corruption reform message, saying in a debate, ”While folks are incredibly angryand I share their anger—they also know that the path forward for New Hampshire requires someone who’s going to stand up and take on big fights, and is going to be able to win them.” 

In the race to replace Pappas in the House, veteran Maura Sullivan and health care advocate Stefany Shaheen have led a field of lesser-known progressives, though local government leader Carleigh Beriont has risen into third place in the polls and Heath Howard, who was running in fourth, dropped out and endorsed her last week. The race has become animated in the closing weeks, with Shaheen blasting Sullivan, an Obama administration alum, for receiving contributions from AIPAC. Sullivan hit back on Shaheen for trading on “a fancy last name,” in reference to her mother, Sen. Jeanne Shaheen. More to come.

Finally, no shipment of beer appears to be safe these days.

After thieves made off with 1,602 cases of Pabst Blue Ribbon in Southern California, British police are now searching for two trailer loads of Guinness stolen from a depot near Liverpool. Read on!

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Catch up on some of Jack’s most popular podcasts:

Get to know the people behind the work at O'Donnell & Associates with our Meet the Team podcast series. Listen as we go ‘From the Lobby’ with candid conversations on politics, government, and life beyond the office. Catch every episode on our employee bio pages here!

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Pictured left to right: Dave Mihalyov, Dir. of Grants and Stewardship, Senator Ortt, Greg Stenzel, Residence Manager, Edith Lazatin, Assoc. Dir. of Residential Operation, Aaliya Barton, Medical Liaison, Chuck Collard, VP of WNY Operations and Advancement

OD&A enjoyed a productive visit with our client, Heritage Christian Services, at its Hoover Road home in Sanborn with New York Senate Minority Leader Rob Ortt. It was a valuable opportunity to tour the home, see the important work of Heritage’s residential team firsthand, and have a meaningful conversation about the needs of the people Heritage supports each day. We’re grateful to Senator Ortt for taking the time to listen, ask questions, and engage directly with Heritage’s team.

We look forward to continuing to work together on the priorities that will help Heritage provide the care, support, and opportunities its residents deserve, including the organization’s request for $1.4 million to secure 16 essential transit vans.

Deirdre and Jeff Quain

OD&A recently joined West Seneca Town Council candidate Jeff Quain and supporters for his Pizza & Pints fundraiser. It was a chance to connect with neighbors, share ideas, and support Jeff’s vision for a stronger, more independent West Seneca, a town focused on community improvement, fiscal responsibility, and making sure every resident’s voice is heard.

It was a great evening in West Seneca as OD&A joined Assembly Member Pat Burke for his campaign kickoff, “Leveling Up Our District.” Friends, supporters, and local leaders gathered over food and drinks, enjoying good conversation and sharing enthusiasm for the possibilities ahead.

Kevin Horrigan, Assemblyman Burke, Kevin O’Brien

Do you agree with the judge’s ruling that New York’s Climate Superfund law is an overreach?

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September 7, 1813: The nickname “Uncle Sam” for the United States is believed to have originated, when a newspaper published the story of Samuel Wilson, a meatpacker from Troy, New York, who supplied food to U.S. troops during the War of 1812. Wilson’s barrels were stamped “E.A.-U.S.,” and soldiers reportedly joked that the “U.S.” stood for “Uncle Sam,” Wilson’s local nickname. Read on!

Crowds at the NYS Fair Are Bigger This Year

The NYS Fair is having a moment, and the crowds are showing it. But what’s driving the surge, and can the momentum last?

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