Controversies
Disputes and questions of conduct surrounding Governor Kathy Hochul’s administration — tracked with equal scrutiny. Each entry sets out a neutral summary, then the case made by defenders and the case made by critics, every claim sourced.
Climate Change Superfund Act struck down in federal court
On Aug. 31, 2026, Chief Judge Brenda Sannes of the Northern District of New York granted summary judgment against the Climate Change Superfund Act (S.2129-B/A.3351-B), which Hochul signed Dec. 26, 2024 to collect roughly $75 billion over 25 years from major fossil-fuel companies for climate-adaptation costs. The court held the law is preempted because it regulates in an area of dominant federal interest (the Clean Air Act), relying on the 2nd Circuit's 2021 City of New York v. Chevron decision, and found the state's cost-recovery scheme "not distinguishable" from the city's failed claims. Plaintiffs were 22 Republican-led states (West Virginia v. James), the American Petroleum Institute, the U.S. Chamber of Commerce and the Business Council of New York State. Hochul said Sept. 1 the state is "looking" at "options of appeal"; her energy adviser Ken Lovett said taxpayers should not foot polluters' bill and the decision is under review. Sponsor Sen. Liz Krueger wants AG James to appeal to the 2nd Circuit. Still pending: a separate DOJ suit in S.D.N.Y., a Vermont case on that state's parallel law, and the Supreme Court's October argument in Suncor v. Boulder County on the same preemption question. Accountability watch: whether the state files a notice of appeal, and what replaces the $75B in the state's resilience math if it loses. Next date: the court directed the parties to file a status report on further proceedings by Sept. 14, 2026 (West Virginia v. James, No. 1:25-cv-00168, consolidated with Chamber of Commerce v. James). As of Sept. 5 no notice of appeal has been reported.
Trump's mail-voting executive order and New York's challenge
On Mar. 31, 2026 President Trump issued an executive order directing the U.S. Postal Service and DHS to restrict mail voting: DHS would send each state a list of citizens over 18, states using mail ballots would have to send the federal government a list of every registered voter receiving one, and USPS would decline to deliver mail ballots in states that do not provide the list. The order also sets new mail-ballot design and tracking standards. New York joined 22 other states and D.C. in suing. On Jun. 25 U.S. District Judge Indira Talwani found key provisions unconstitutional and enjoined them as to the 24 plaintiff jurisdictions; the 1st Circuit upheld that in late July. On Aug. 11 Talwani issued a second, nationwide injunction in a suit led by the League of Women Voters. On Aug. 21 USPS issued final implementing rules, saying it would not apply them this November unless the Supreme Court cleared the way. On Aug. 24 the Supreme Court, over three dissents, lifted the first injunction on the narrow ground that it was premature, expressly declining to rule on the order's legality; the Aug. 11 injunction still stands, so the order remains blocked. Election-law scholar Rick Hasen expects the trial court to amend the second injunction against the now-final USPS rule. Bearing on New York's Nov. 3 general election, in which mail and absentee ballots are at issue. UPDATE Sept. 14, 2026: after USPS finalized its ballot-mail rule (Aug. 26 Federal Register), Judge Talwani enjoined the final rule on Sept. 4 in the League of Women Voters case and a second judge enjoined it in DSCC v. Trump on Sept. 13. On the night of Sept. 14 the Supreme Court denied the administration's emergency application (No. 26A305) in an unsigned order, finding the government "unlikely to succeed on the merits"; Kavanaugh concurred on timing grounds, Alito and Thomas dissented. The restrictions will not apply to the Nov. 3, 2026 election. New York will run mail and absentee voting under existing state law; AG James said she was "truly relieved," and Hochul said on NY1 Sept. 15 that "elections will be secure in New York State no matter what the Trump administration tries." The order's legality for future elections remains unresolved.
Uber money and the car-insurance overhaul
Uber is the sole major funder of Citizens for Affordable Rates, an independent expenditure committee that has spent roughly $12M on advertising backing Governor Hochul's plan to overhaul New York's no-fault car-insurance system — a plan that would reduce the company's exposure. State BOE records also show Uber CEO Dara Khosrowshahi has given Hochul's campaigns $48,000 since 2022, including $38,000 in the current cycle. The insurance fight became one of the fiercest of the 2026 budget season, with Uber and insurers on one side and the New York State Trial Lawyers Association on the other. Blakeman has called the arrangement a pay-to-play scheme; Hochul's campaign and Uber both dispute that framing.
Niagara County radiological contamination and the state-federal response fight
A regional radiological survey run jointly by the NYS Department of Environmental Conservation and the U.S. EPA has found elevated radiation on residential properties in the Town of Niagara, a legacy of Manhattan Project-era waste handling in the area. Homeowners organized as Save Our Backyards Niagara have asked the state to declare the neighborhood a state Superfund site and to help them relocate. The dispute became a governor's-race issue in July and August 2026. Hochul wrote to EPA on July 14 urging it to expedite test results, blaming the "wheels of federal bureaucracy." EPA Region 2 Administrator Mike Martucci first called her delay claim an "outright lie," then wrote back on Aug 10 saying federal work was already accelerated: since July 23, EPA and state teams had visited more than 1,200 properties, obtained access from 756 homeowners, and screened 350, working seven days a week. Blakeman visited the affected streets with Senate Minority Leader Rob Ortt on Aug 8 and accused Hochul of failing to "take charge" of a crisis in her own home region. Hochul said on Aug 13 she would not visit because others had "politicize[d] their cries for help" and that she was leaving the work to state experts. Ortt has introduced legislation (S.10672) to move radioactive waste under the state Hazardous Waste Superfund; Hochul aides say EPA is better equipped for radiological cleanups and that the change would require additional specialized DEC staff and slow response. As of Aug 16, 2026, no Superfund designation, relocation assistance, or gubernatorial visit has been announced. Update Aug 17-18, 2026: after declining to visit, Hochul joined DEC Commissioner Amanda Lefton's Saturday, Aug 15 phone calls to homeowners on Fox and Chester avenues; resident Kellie Moytka said the governor told her she cares about the affected families and, when pressed on permanent relocation, indicated her office is deferring to EPA. Hochul adviser Ken Lovett said Aug 17 that EPA has offered to voluntarily relocate several families while testing continues. Some residents, including the McKiernan family on 99th Street, received no call and were told by EPA that it will only engage on their property if state DEC requests assistance first. DEC and EPA also reported 856 access forms granted across Niagara and Erie counties, with 340-plus properties cleared as of Aug 15. Still no state Superfund designation, state relocation program, or in-person gubernatorial visit. CONTEXT (backfilled Aug 19, reported Aug 11): the reason no state Superfund can be declared here is statutory — New York's Hazardous Waste Superfund does not cover radiological contamination. Senate Minority Leader Rob Ortt (R-Buffalo) introduced S.10672 to classify nuclear and radioactive waste as hazardous waste so the program would reach these sites; he was still seeking an Assembly co-sponsor. Ortt also asked DEC Commissioner Amanda Lefton to issue written confirmation to owners whose properties test within acceptable standards. Update Aug 18-19, 2026: the survey is expanding beyond Niagara County. Erie County Executive Mark Poloncarz said Aug 18 that DEC and EPA will ask homeowners in nine Southtowns communities — Aurora, Boston, Brant, Concord, Eden, Evans, Hamburg, Marilla and Orchard Park — for permission to survey their properties, and that Erie County screenings performed so far have come back clean. More Grand Island homes near Veterans Park were also flagged for testing. Public drop-in sessions continue Aug 20 in Niagara Falls and Aug 24 in Lewiston; Save Our Backyards has its own meeting Aug 25. Still no state Superfund designation, state relocation program, or in-person gubernatorial visit. UPDATE Aug 24: DEC/EPA progress report — access agreements grew to nearly 1,030 signed forms; 726 properties screened since Jul 23; 475+ owners notified no further investigation is needed; 30 properties referred to EPA for additional investigation; 4 recommended for voluntary relocation. New NECRA helpline 844-612-8144 launched Aug 24, with a drop-in session that day at Lewiston Library. Still no state Superfund designation, state relocation program, or in-person gubernatorial visit.
Blakeman's election-fraud claims and refusal to commit to accepting results
On Jul 29, 2026, Blakeman told reporters at Penn Station that Democrats have "consistently tried to cheat" and, asked directly, said he would accept the November outcome only "if the results of the elections are fair." On Fox Business the same morning he said Democrats would attempt to "steal" the election, citing a New Jersey noncitizen-registration software error; the state Board of Elections said New York's system is different and a similar mistake could not have occurred. His campaign's only cited evidence is the PCFB's since-reversed matching-funds denial and his exclusion from the Dominican Day Parade. He says the campaign is investing in "ballot security" and recruiting thousands of volunteers.
DOJ CDPAP / Medicaid-fraud lawsuit against New York
The U.S. DOJ sued New York's Health Department, its Medicaid director, and a fiscal intermediary in June 2026 over alleged fraud in the ~$10B Consumer Directed Personal Assistance Program (CDPAP) home-care system. UPDATE (Jul 16, 2026): NYS DOH and PPL filed a pre-motion letter to dismiss (Jul 15), arguing the DOJ's requested asset freeze under 18 U.S.C. §1345 is legally foreclosed in a non-criminal case, fraud claims lack sufficient factual allegations, and prior court rulings already upheld the procurement. SEPARATE TRACK (added Aug 17, 2026 refresh): in a private class action arising from the same CDPAP transition, PPL agreed to pay $162M to settle wage-theft claims covering up to 200,000 aides — one of the largest wage-related payouts in New York history, averaging ~$700 per worker, with at least $25M compensating deductions for a mandatory Leading Edge Administrators health plan. A federal judge in EDNY granted preliminary approval July 1, 2026. PPL denies liability and the settlement carries no admission of wrongdoing; payments may not reach workers until early 2027.
Intra-labor split over Hochul's union record
TWU International President John Samuelsen wrote the state AFL-CIO urging it not to endorse Hochul, citing the 2025 corrections strike firings, the 2026 LIRR strike, and an order bringing in out-of-state nurses during a strike. The AFL-CIO endorsed her anyway. Update Jul 28, 2026: UUP (~42,000 SUNY faculty/staff) ratified a five-year contract with ~98% approval — a counterpoint on the pro-Hochul side of the split. Update Aug 18, 2026: PEF ratified a five-year contract covering about 60,000 state professional, scientific and technical employees with 88 percent approval, running through April 1, 2031 — the third major state contract ratified in three weeks after UUP (Jul 31) and CSEA (Aug 7). PEF President Wayne Spence credited Hochul's leadership on the deal. TWU has not changed its position.
Mid-decade redistricting amendment
Hochul backs an amendment letting the Legislature bypass the Independent Redistricting Commission; Siena polling shows bipartisan voter opposition.
Gambling money and the Delaware North family conflict
Gambling rose to a top sector for Hochul as the industry pushes to legalize online casino gambling; Delaware North (the Jacobs family) paid Hochul's husband up to $5.35M (2016-2023), and family donations resumed in 2025 after a conflict-driven pause.
Nassau 287(g) ICE agreement and defiance of state limits
Nassau signed an expansive 287(g) ICE agreement in 2025; Blakeman vowed to defy new state laws restricting ICE cooperation. On Jul 24, 2026 the AG's new Office of Immigrant Trust sent Nassau (and 11 other agencies) formal notice that the agreement must be unwound by Aug. 25 under the Local Cops, Local Crimes Act. Blakeman says county lawyers are reviewing and will respond in writing by Aug. 14. On Aug. 3, a federal judge (NDNY) denied the DOJ's bid to enjoin the state's 287(g) ban, leaving it in force and strengthening the state's legal position ahead of the Aug. 14/25 deadlines. No change to Nassau's agreement yet. UPDATE Aug 5-6: with the Aug. 25 deadline approaching, the 12 agencies are splitting — St. Lawrence's sheriff calls his agreement "dead in the water," Rensselaer's executive and sheriff openly defy the order amid resident backlash, and Saratoga's sheriff backs a planned lawsuit against the ban. Nassau's written response still due Aug. 14. UPDATE Aug 14: on the response deadline, Hochul and AG James said 5 of the 12 notified agencies will comply; Nassau's police department and sheriff are among the 7 that have not, with 11 days to the Aug 25 statutory deadline. Blakeman did not announce compliance — he publicly defended the agreement as "the most comprehensive agreement with ICE in the United States of America," disputed Hochul's "cruel" characterization, and claimed 2,000 removals of migrants with criminal records in a year (logged as unverified — no primary data published). Same day, Trump appeared at the Nassau County Police Academy with Blakeman, AG Blanche and FBI Director Patel, calling Hochul a "nightmare for crime." No formal Nassau termination or new litigation filing as of Aug 15. UPDATE Aug 18: ICE's own 287(g) roster shows 7 of the original 12 agencies still under agreement seven days before the deadline — Broome, Cattaraugus, Nassau, Niagara, Rensselaer and Steuben counties plus the Nassau County Police Department. The Madison County Sheriff's Office dissolved its agreement citing the Local Cops, Local Crimes Act; Madison County Sheriff Todd Hood is Blakeman's running mate. Broome officials say they house no federal detainees and will follow state law. ICE's monthly reports record one New York 287(g) encounter across May, June and July 2026 (two individuals, Cattaraugus County, Jun 5). Nassau has still announced no termination. UPDATE Aug 24-25 (deadline day): WAMC reports that of the 12 other jurisdictions notified, 11 have said they will withdraw from their 287(g) agreements by Aug. 25 — leaving Nassau as the sole undecided holdout. Blakeman told the New York Public News Network on Aug. 24: "We're still talking with our lawyers. They're reviewing the process. I'll make a decision shortly." Separately, Rensselaer County announced it will join a federal lawsuit to strike down the Local Cops, Local Crimes Act, with Sheriff Kyle Bourgault as a named plaintiff; County Executive Steve McLaughlin said the state has not explained how ending the agreements makes anyone safer. Saratoga County Sheriff Jeff Brown has said he will sign on despite his county having no 287(g) agreement. The suit had not been filed as of Aug. 24, and the full plaintiff list is not yet public. UPDATE Aug 25-26 (deadline passed): the 287(g) ban took effect Aug 25 and the fight moved to court and to subpoenas. Fifteen New York county sheriffs filed suit the same day to strike the ban, arguing it nullifies "the ability of independently elected constitutional officers to enter into contracts authorized by federal law"; the state announcement and available reporting do not name all 15 plaintiffs, the court, or the full claims. Orange County Sheriff Paul Arteta is among the plaintiffs even though Orange terminated its ICE jail-detention contract. Separately, AG James subpoenaed four counties her office says did not comply — Nassau, Rensselaer, Broome and Steuben. Blakeman's spokesperson declined to comment on the Nassau subpoena; Blakeman defended the agreement at a campaign event ("We removed them from America, and we made safer communities by doing so") and, per Spectrum News, Nassau will not comply. Nassau has still announced no termination. Hochul and James called the suit "a frivolous waste of taxpayer dollars" and said "many of the 12 entities with these agreements have complied without incident" — the state has not published a per-agency compliance count, so the exact number complying is not verifiable from primary sources. Hochul said holdouts would face consequences without specifying them. UPDATE Aug 26 (afternoon): the plaintiff roster and court are now public. Court papers list all fifteen sheriffs — Broome (Frederick Akshar), Cattaraugus (Eric Butler), Cayuga (Brian Schenck), Delaware (Craig DuMond), Franklin (Jay Cook), Fulton (Richard Giardino), Jefferson (Peter Barnett), Lewis (Michael Carpinelli), Madison (Todd Hood), Orange (Paul Arteta), Oswego (Don Hilton), Rensselaer (Kyle Bourgault), Saratoga (Jeffrey Brown), St. Lawrence (Patrick Engle) and Wayne (Robert Milby) — with Hochul, AG James and the State of New York as defendants. The case is Bourgault et al. v. Hochul et al., No. 1:26-cv-01637 (N.D.N.Y.), filed Aug. 25 with the Federation for American Immigration Reform as counsel. The most directly election-relevant fact: Madison County Sheriff Todd Hood, a plaintiff, is Blakeman's running mate on the Republican statewide ticket. Hood signed Madison County's 287(g) agreement in July 2025, was warned by the AG in July 2026, ended the agreement as the law requires, and has said he will still honor ICE detainer requests at the county jail. Onondaga County Sheriff Toby Shelley, who refused ICE cooperation in 2025, is not a plaintiff. The sheriffs seek a TRO and preliminary injunction against both the Act and the AG's Office of Immigrant Trust, and per FAIR's release also challenge a Nov. 25, 2026 deadline to terminate federal detention housing agreements (that November date comes from the plaintiffs' filing, not a state source, and is unverified). No judge, hearing date or ruling on the TRO has been reported. Nassau, which was subpoenaed, is not a plaintiff in this suit. UPDATE Aug 26 (late afternoon): Nassau folded. At a news conference Blakeman said the county will comply with the 287(g) ban rather than defy it, ending the standoff in which Nassau was the last undecided holdout — but he said he will still direct county police to cooperate with ICE "whenever possible" and will join the sheriffs' federal suit. He called the statute "written in the blood of victims past, present and future" and said he believes "in the rule of law, even when it's a bad law," and warned that future crimes by undocumented immigrants would be "blood on their hands" for Hochul and legislative Democrats. Hochul, at the State Fair, responded: "We have made dramatic progress. We didn't need any 287(g) agreements... I want local police using local taxpayer dollars to focus on catching local criminals." Reporting in the same piece establishes that 13 jurisdictions held formal agreements when the ban was enacted in May, that Nassau has held more than 1,000 people at its East Meadow jail for ICE since October 2025 (the most of any New York county), and that per Newsday, 147 of the immigrants detained at the Nassau jail between February 2025 and March 2026 had prior violent-crime convictions — under 5% of those arrested there. With Nassau's compliance, every notified jurisdiction has now either withdrawn or said it will; the dispute is now purely litigation (Bourgault v. Hochul, No. 1:26-cv-01637, N.D.N.Y.), where no ruling on the TRO has been reported, plus the AG's four outstanding subpoenas. Nassau's formal termination paperwork has not been published. UPDATE Aug 26 (evening, Capital Tonight): Blakeman clarified that Nassau will not join Bourgault v. Hochul as a co-plaintiff but will file a SEPARATE complaint piggybacking on it — "my sheriff is appointed, so we are joining them with a separate complaint" — because Nassau's sheriff, unlike the 15 elected plaintiff sheriffs, is appointed. He repeated that the law "makes us less safe" and claimed "there were no deaths at the hands of ICE in Nassau County"; the Hochul campaign rebutted by citing the ICE detainee found dead in a Nassau County jail cell in September 2025 (logged as a fact check, rated half_true). Nassau's separate complaint had not been filed as of the Aug 27 afternoon refresh. UPDATE Aug 27: the state escalated from subpoenas to an enforcement suit. AG James filed a state-court action asking a judge to terminate the Rensselaer County Sheriff's Office 287(g) agreement — the only one of the 13 jurisdictions that refused to terminate. James: the office "has been given every opportunity to follow the law, yet has chosen not to." Court documents show Rensselaer's agreement, in place since 2018, has been used to remove nine immigrants. The two suits now run in parallel: the sheriffs' federal challenge to the ban (Bourgault v. Hochul, N.D.N.Y.) and the state's enforcement action against Bourgault's office. Nassau's promised separate complaint had still not been filed as of Aug 28. Aug 28: plaintiffs' counsel confirmed Nassau's acting sheriff Matarazzo has NOT yet joined Bourgault v. Hochul, despite Blakeman saying he directed him to; talks ongoing. Judge D'Agostino set the TRO/PI briefing schedule — state response due Sept. 9, sheriffs' reply Sept. 16. UPDATE (Sept 4, 2026): on the one-year anniversary of the Cato ICE raid, Hochul issued a statement defending the 287(g) ban and naming Homan and Mullin; state response in Bourgault v. Hochul still due Sept. 9.
New York's ban on masked ICE and federal agents
Budget provisions barred on-duty officers from concealing identity and limited ICE at sensitive locations. DOJ sued in WDNY (June 23) and NY countersued in NDNY; the ban took effect June 26. On Aug. 3, 2026, Judge Mae D'Agostino (NDNY) granted a preliminary injunction blocking the mask ban and ID requirements as likely unconstitutional interference with federal law enforcement, while denying the injunction against the separate 287(g) agreement ban. Hochul and James say they are reviewing legal options on the mask ban; sensitive-locations protections were not blocked. Merits litigation continues.
Blakeman's armed "provisional deputy sheriff" program
Blakeman launched a program to deputize armed, licensed civilian volunteers during emergencies; Democratic legislators sued, alleging an illegal militia.
Delay of the cap-and-invest climate program
Hochul shelved the cap-and-invest carbon-pricing program promised under the CLCPA, citing affordability. A court ordered overdue rules by Feb 2026; DEC appealed (stays the deadline), and end-of-May 2026 budget amendments statutorily pushed the deadline to Dec 31, 2028.
Hochul's congestion-pricing pause and reversal
Hochul indefinitely paused congestion pricing in June 2024 weeks before launch, then revived it at a reduced $9 toll for a January 2025 start.
Blakeman transgender sports ban and AG lawsuit
Blakeman's 2024 executive order barred transgender women and girls from women's sports at county facilities; a court struck it down, the county passed a similar law, and AG James and the NYCLU sued.
Federal effort to terminate congestion pricing
The Trump DOT moved to revoke approval for the toll; Hochul and the MTA sued and a federal judge (Liman) blocked the termination in March 2026. The Trump administration filed a notice of appeal to the Second Circuit in May 2026; the program remains operational while the appeal is pending.
Nonpartisan accountability. Severity reflects documented scope and impact, not political alignment. Every entry carries both supporter and critic perspectives.