Assemblyman Andrew Goodell, R-Jamestown, speaks on the Assembly floor earlier this week during debate of a NYSERDA program to replace lithium-ion batteries at no cost to users or manufacturers.

Assemblyman Andy Goodell has a question for Letitia James, state attorney general.

Why is she more concerned with cow flatulence than she is with lithium-ion battery fires from e-bikes and e-scooters that have been attributed to 202 fires, 142 injuries and six deaths in New York City between January 2021 and December 2022.

“I’m astounded that we haven’t heard from our attorney general who has a Consumer Products Safety Division,” Goodell said during a floor debate this week.

The Jamestown Republican’s comments came during debate on A.6811, which creates a free replacement program for those who have purchased faulty lithium-ion batteries. The costs, which haven’t been determined yet, would be paid by NYSERDA, which would likely create a surcharge paid by all utility ratepayers across the state.

Goodell took particular aim at a lawsuit filed in late February by James against a beef producer that she says is misleading the public about its environmental impacts.

JBS USA Food Company and JBS USA Food Company Holdings (JBS USA) have claimed that it will achieve net zero greenhouse gas emissions by 2040, despite what James says are documented plans to increase production and increase its carbon footprint. While James’ lawsuit doesn’t specifically mention cow flatulence, the U.S. EPA’s website says livestock, especially ruminants such as cattle, produce methane as part of their normal digestive processes.

The process, called enteric fermentation, represents more than a quarter of the greenhouse gas emissions from the agriculture sector. James herself said beef production emits the most greenhouse gasses of any major food commodity, and animal agriculture accounts for 14.5% of annual global greenhouse gas emissions.

“I mean she brought a lawsuit just a few weeks ago suing beef manufacturers because cows pass gas,” Goodell said. “If she can sue beef manufacturers because cows pass gas, why isn’t she taking up the issue of defective electric batteries? Let’s get our priorities straight. Don’t stand behind a cow when they’re eating. Make sure people can live safely in New York City.”

In 2021, the JBS Group, JBS USA’s global parent company, reported total global greenhouse gas emissions of over 71 million tons, more than the total emissions of some countries, according to James. James’ lawsuit alleges JBS Group and JBS USA misled consumers with claims the company was working to have no emissions from its operations while company executives allegedly told industry peers JBS Group needed to use environmentally friendly messaging targeted to climate-conscious consumers in order to remain competitive.

James siad JBS Group and JBS USA had not calculated the company’s total greenhouse gas emissions and had no way of knowing whether they could successfully reduce those emissions to net zero by 2040. She also says the JBS Group’s greenhouse gas emissions calculations have not accounted for emissions resulting from deforestation in the Amazon.

James is asking a court to require JBS USA to cease its “Net Zero by 2040” advertising campaign, conduct a third-party audit of its compliance with New York’s consumer protection statutes, and pay if it is found the company misled consumers.

“As families continue to face the daily impacts of the climate crisis, they are willing to spend more of their hard-earned money on products from brands that are better for the environment,” James said in a news release the day she filed the lawsuit. “When companies falsely advertise their commitment to sustainability, they are misleading consumers and endangering our planet. JBS USA’s greenwashing exploits the pocketbooks of everyday Americans and the promise of a healthy planet for future generations. My office will always ensure that companies do not abuse the environment and the trust of hardworking consumers for profit.”