Spectrum News (Keegan Trunick); Governor's office statementTIER 2High
On Sept. 18 the state settled with the family of Robert Brooks, 43, of Rochester, for $24 million (figure from the governor's office, per Spectrum). Brooks died Dec. 10, 2024, hours after arriving at Marcy Correctional Facility, from neck compression and internal injuries; the medical examiner ruled it a homicide and body-camera footage released by the AG showed officers beating him while restrained. More than a dozen prison employees were fired; multiple officers were convicted or pleaded, two were acquitted at trial. Hochul's statement: "No family should ever have to endure what the family of Robert Brooks has been through... Robert Brooks should be alive today. Every individual who enters a DOCCS facility deserves to be safe, and I am committed to continuing to do everything in my power to ensure our correctional facilities are fully reformed and safe for all." Context for the race: the Brooks killing preceded the 2025 wildcat correction officers' strike and the firings that NYSCOPBA cited this week in its first-ever statewide endorsement, for Blakeman (Sept. 17). No promise-tracker row covers DOCCS reform, so this is logged as news only.
National Law Review (Beveridge & Diamond client alert, Sept. 18)TIER 2High
First procedural movement since the Aug. 31 ruling. On Sept. 14 (the court's status-report deadline in West Virginia v. James), attorneys for the state and the plaintiffs jointly asked the N.D.N.Y. to (1) enter a declaratory judgment that the Climate Change Superfund Act is preempted, (2) enjoin New York officials from implementing or enforcing it, (3) enter final judgment under Rule 54(b) on the two preemption claims, and (4) administratively close the case and hold the unresolved constitutional claims (Commerce Clause, Due Process, Equal Protection, Excessive Fines, Takings) in abeyance pending appeal. A 54(b) judgment is what lets the state take an immediate appeal to the 2nd Circuit; no notice of appeal has been reported yet. Implementation of the law is effectively on hold. The appeal would run alongside Suncor v. Boulder County, which the Supreme Court hears Oct. 5, 2026 on the same federal-preemption question. Accountability watch: whether AG James files the notice of appeal after judgment is entered, and how the state replaces the $75B in its resilience math if it loses.