NJ headline: 'Polluters rewriting rules for site cleanup'

The Bergen Record today unequivocally proclaimed:

Polluters rewriting rules for site cleanup.

The headline is followed by these three paragraphs:

Key committees writing rules for New Jersey's new program to clean up contaminated sites are made up entirely of the polluting companies and their contractors.

The 16 committees, which have been putting together rule and guidance documents, include no one from environmental or resident advocacy groups, no health specialists, and no outside experts who aren't affiliated with the cleanup industry.

"It's a who's who of corporate polluters and their hired consultants," said the New Jersey Sierra Club's Jeff Tittel. "These oversight rules will be written so loosely there will be nothing to enforce later."

Misleading?  Youbetcha.

After the incendiary headline and the first three paragraphs of self-serving charges by environmental organizations, the Record offers the following three paragraphs as ballast: 

Officials with the Department of Environmental Protection counter that an overarching steering committee has four environmentalists among 25 members and that environmentalists were offered a chance to join the committees, but failed to do so.

David Sweeney, the DEP's assistant commissioner for site remediation, said the DEP e-mailed an invitation to a listserv of potential stakeholders in January 2010. He said the names on the list included prominent environmentalists, including Tittel and David Pringle of the New Jersey Environmental Federation.

Sweeney said Pringle and Tittel attended several of the early steering committee meetings but did not attend after that.

Whoa. So, after the damage is done and New Jersey environmental consultants and companies have been maligned as polluters (with the NJDEP a co-conspirator), the writer informs us that, yes, the enviros did have a chance to participate and passed on the offer. 

Kinda blows the alarmist headline and lead, doesn't it?

If only such bias were the exception. Sadly, this approach is commonplace among New Jersey journalist who accept the word of environmental organizations as gospel and fail to apply to these 'advocacy' groups the same (I'm skeptical, prove it to me) standards they apply to others.

Just one case in point. How did every business in New Jersey automatically become a polluter?

Because the Sierra Club and the NJ Environmental Federation use the term every time they refer to business, that's how. You tell the big lie often enough and eventually it stands unchallenged.

But aren't journalist supposed to challenge everything they're told by business, by government, by the clergy and, yes, by environmental organizations, too?

We used to think so and, following that logic, the lead of this story could just as easily have been:

"Environmental groups have found a new way to challenge rules and regulations that they don't agree with. They're boycotting the public participation process and then claiming that the resulting rules are unfairly biased in favor of those who offered their time and opinions to help create them. "

It all depends on the writer's slant. And with few exceptions, [Tom Johnson of NJ Spotlight is one] New Jersey journalists are alarmingly predisposed to pumping up the enviros' side of the issue--no matter how patently suspect their claims may be.

Are we off base? Read the entire story--Polluters rewriting rules for site cleanup--and tell us what you think.

Use the opinion box below.  If one is not visible, click on the tiny 'comments' line.  We appreciate signed comments but will use those from you, Mr./Mrs./Ms. Anonymous. We will not publish comments that resort to personal attacks or employ intemperate language.  

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Gov: NJ's pulling out of climate-change compact, RGGI

[Updated at 2:37 p.m. on Friday, May 27, 2011 to include related news stories]

New Jersey Governor Chris Christie pleased business groups but outraged the state's environmental community today by announcing that he's pulling the state out of RGGI,
the 10-state regional cap-and-trade system that charges industries for CO2 emissions
and funnels the money into renewable energy and energy-conservation programs. 

At a news conference, Christie acknowledged the validity of climate change science but labeled the Regional Greenhouse Gas Initiative as a 'gimmicky program" that had failed to combat the problem of global warming and was only driving up the cost of electric energy in the state. News conference video.

NJ Business and Industry Association President Philip Kirschner hailed the decision.

“RGGI’s cap-and-trade provisions increase costs to New Jersey businesses and consumers who are already paying some of the highest electricity rates in the nation,” he said.  “New Jersey’s participation in RGGI, however, has virtually no positive impact on the environment.  Even if the state meets its greenhouse-gas reduction goals, it would have an infinitesimal effect on the overall generation of greenhouse gases.”

Environmental and smart-growth organizations denounced the governor's decision.

Peter Kasabach, executive director of New Jersey Future, said:

“Contrary to the governor’s assertion, there is no evidence that businesses have been negatively affected by New Jersey’s participation in RGGI.  In fact, over the long run, RGGI
is expected to make our companies more competitive, by increasing the supply of electricity from alternative sources, reducing demand through energy efficiency measures and bringing down the price of electricity for all users. The proceeds from RGGI would also provide financially strapped municipalities with resources to plan for sustainable land-use and transportation projects that reduce carbon emissions and energy use."

"I’m glad the governor went to global warming school but he didn’t learn his lesson," said David Pringle, political director of New Jersey Environmental Federation, which backed Christie for the top office.

Matt Elliott of Environment New Jersey said the announcement "marks a grim day for New Jersey’s historic leadership on clean energy and global warming solutions." 

"For over a decade, New Jersey has lead the nation in the effort to fight global warming and promote clean energy.  Governor Christie’s announcement today undermines a decade’s worth of progress and leadership in New Jersey, and, if he is successful, could set us behind our neighboring states working to end the dirty and destructive addiction to fossil fuels," Elliott said.

The harshest remarks came from the Sierra Club's Jeff Tittle, a constant critic of the Christie Administration. 

“Christie is taking the side of corporate polluters and the coal industry over the environment and health of the people of New Jersey,” said Tittel. “As part of his attempt to become a national politician he would rather pander to the National Republican Party then do what is right for the people of New Jersey."

Tittel called the decision "a tax cut for corporate polluters" that was "pushed by the Tea Party backed Americans for Prosperity, a front group for oil and coal interests."
 

There will be more reaction in the days ahead and it will be interesting to see how members of the state legislature react to the governor's decision. 

Related:
Christie calls Regional Greenhouse Gas Initiative a gimmick and failure 

New Jersey Gov. Chris Christie pulls out of greenhouse gas effort
Christie Pulls New Jersey From 10-State Climate Initiative
Gov. Christie Abandons Regional Clean Air Initiative
Climate initiative flip-flop in N.J. is troublesome
Delaware environment: N.J. nixes pollution caps
New Jersey to Exit Carbon-Reduction Program
Christie continues attack on climate, environment

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NJ bill would give Administrative Law Judges final call

New Jersey Assemblyman John Patrick Carroll (R-Morris County) notes that:

Currently, in contested cases an administrative law judge makes a recommended decision, and the agency head makes the final decision by either adopting, rejecting, or modifying the administrative law judge's decision. 

Carroll finds the practice "wasteful and inefficient."  Why? 

Because the "opinions of trained administrative law judges can be disregarded by politically-appointed department heads; and, moreover, the existing process allows for any agency against which a complaint is filed to make the final determination as to the validity of that complaint."

To correct the practice, Carroll has introduced A-4069 which would allow the administrative law judge's decision to be final and subject only to review by the Appellate Division of the Superior Court.

The legislation would not apply to a contested case involving a rate making agency.

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Our most recent blog posts:
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NJ concerned as solar energy industry flares out in PA

The Philadelphia Inquirer reports today that Pennsylvania's solar-energy industry is "collapsing under the weight of its own good fortune." 

"Spurred by hundreds of millions of dollars in federal and state incentives, solar developers have built so many projects in recent years that they have created an oversupply of solar-energy credits, the market instruments that provide the developers with a critical income stream.

"The price of solar credits in the state has plummeted as much as 75 percent in the last year, dramatically shrinking the income-producing potential of new and existing solar projects."

Pennsylvania State Rep. Chris Ross (R., Chester County) expects today to introduce a legislative rescue for the industry that would increase the amount of solar energy that utilities must buy through 2015, propping up the price of solar credits. The bill also would close Pennsylvania's solar markets to out-of-state producers. Developers here say cross-border imports of solar power are driving down prices in Pennsylvania.

Watching what has happened across the Delaware River--and charging that the Christie Administration's 's foot dragging on a revised energy master plan had created perilous uncertainty in the market--New Jersey State Senator Bob Smith introduced legislation designed to prevent a similar fate for solar in the Garden State.

But at a hearing last week on the bill, numerous industry representatives noted that solar energy projects in New Jersey were still doing well--despite dropping prices for solar credits--and that the bill's tinkering with long-term financing might not be necessary if the state Board of Public Utilities were required to extend programs for utility solar projects beyond their current 2016 expiration date. Most parties, however, agreed with Smith's suggestion that the legislation be changed to establish a floor price for solar credits.

Have you installed solar on your business or home? Are you a solar installer?  We invite you to provide your opinion on the future of the solar industry in the response box. If one is not visible, click on the tiny 'comments' line below.
 

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Final two hearings on NJDEP public-access rules

The New Jersey Department of Environmental Protection is taking public testimony today, May 23, 2011, on what it describes as "common sense rules that will improve and enhance public access to New Jersey's beaches, bays and waterways through plans to be developed and implemented by municipalities and ultimately approved by the DEP."

The proposed rule changes have turned out to be fairly controversial, with most business organizations in support but many environmental organizations opposed.

NJDEP has developed both a Fact Sheet and a Q&A to help guide you through the proposal.

Today's hearing--the second in a series of four--starts at 1 p.m. at the Seaside Heights Borough Municipal Court House, 2nd floor courtroom, 116 Sherman Avenue, in Seaside Heights, N.J. 08751.

Fourth and final hearing on June 2

A final hearing on the proposed regulatory amendments is scheduled for 7 p.m., Thursday, June 2, 2011 in the Municipal Court Room of the Township of  Long Beach building at 6805 Long Beach Boulevard in Brant Beach, New Jersey  08008

 

Written comments may be submitted by June 3, 2011 to:

NJ Department of Environmental Protection
Gary Brower, Esq.
ATTN: DEP Docket No. 05-11-03
Office of Legal Affairs
Mail Code 401-04L
401 East State Street, 4th Floor
PO Box 402
Trenton, New Jersey 08625

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Rutgers profs try to warm Christie up on climate change

In our Friday post, Climate change, Governor Christie and the 'birthers', we mentioned that New Jersey Governor Chris Christie, who admits he's not sure what to believe about climate change, had agreed to meet with university researchers who are convinced that global warming is a consequence of human activity and requires government action.

That meeting has taken place. The Christie Administration had no immediate comment following the informal May 17 session, but environment correspondent Ed Rodgers filed
this video report for NJN News.

_____________________________________________________________________________
On which side of the argument do you think the governor will land?  Or will he? Share your thoughts in the comment box. Don't see one? Try clicking on the tiny 'comments' line below.

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Climate change, Governor Christie and the 'birthers'

New Jersey Republican Governor Chris Christie take note: USA TODAY thinks climate deniers and 'birthers' have a lot in common.

In an editorial today, the national newspaper opined:

"One way to deal with a problem is to pretend it doesn't exist. This approach has the virtue of relieving you from having to come up with a solution, spend money or make tough choices. The downside, of course, is that leaky faucets and other problems rarely solve themselves and, in fact, usually get worse if ignored.

Such is the case with climate change, a threat that too many members of Congress, most of them Republicans, have decided to manage by denying the science. That head-in-the-sand approach avoids messy discussions of higher energy prices, but it just got harder to justify.

Late last week, the nation's pre-eminent scientific advisory group, the National Research Council arm of the National Academy of Sciences, issued a report called "America's Climate Choices." As scientific reports go, its key findings were straightforward and unequivocal: "Climate change is occurring, is very likely caused primarily by human activities, and poses significant risks to humans and the environment." Among those risks in the USA: more intense and frequent heat waves, threats to coastal communities from rising sea levels, and greater drying of the arid Southwest.

Coincidentally, USA TODAY's Dan Vergano reported Monday, a statistics journal retracted a federally funded study that had become a touchstone among climate-change deniers. The retraction followed complaints of plagiarism and use of unreliable sources, such as Wikipedia.

Taken together, these developments ought to leave the deniers in the same position as the "birthers," who continue to challenge President Obama's American citizenship — a vocal minority that refuses to accept overwhelming evidence."  (Read the full editorial here)

What's this got to do with New Jersey's governor?  

Questioned about global warming at a news conference a few months ago, Christie said he was skeptical about the science upon which climate-change arguments for CO2 controls are based. 

That set off chorus of boos from the state's environmental community. Several green groups quickly formed a climate-change teach-in, featuring scientists from Rutgers, the state university, and invited the governor to come on down and get himself educated on the subject.

Christie, who is being courted by a number of national Republican organizations as a potential 2012 presidential candidate, declined, spurring speculation that he was polishing his conservative credentials for national office. [His more recent refusal to disavow the teaching of creationism in schools or to restore state funding to Planned Parenthood (he blames the budget shortfall) have only strengthened his appeal to the religious right--a powerful force in national Republican primaries].

But Christie is a smart tactician, not a political ideologue. When Glenn Beck came courting months ago, Christie found his schedule too full to meet. And he's well aware that he serves as chief executive of a blue state where voters consistently vote for farmland preservation and open space, support strong environmental protection, and oppose offshore drilling.

During his gubernatorial campaign against sitting Democratic Governor Jon Corzine, Christie managed to win the backing of the influential New Jersey Environmental Federation. The Sierra Club, which actively opposed Christie as a candidate and continues to oppose him as governor in almost daily news releases, was scornful of the NJEF's endorsement and gleeful when the governor expressed skepticism about climate-change science.

Last week Christie attended a NJEF gathering where he touted his environmental accomplishments (signing the nation's toughest fertilizer control law, supporting protections for Barnegat Bay and offshore wind energy, and opposing offshore gas drilling and the siting of an offshore LNG terminal). He also announced he's agreed to discuss climate change with scientists that the NJEF will select. [Take that, Sierra Club] 

In doing so, Christie demonstrates openness and flexibility.  He doesn't have to come down on either side of the climate debate. As long as he's listening, he keeps his Jersey creds alive with NJEF while maintaining his national, conservative appeal.

This guy's no birther. But he is one sharp cookie.

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Pennsylvania moving slowly toward a tax on natural gas

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Sixteen energy and environmental bills in Trenton today

Sixteen pieces of environmental and energy legislation will be heard

in five committees of the New Jersey Legislature today. The bills
involve solar and wind energy, agriculture, Green Acres project funding, and more.

Here's the lineup:

ASSEMBLY TELECOMMUNICATIONS AND UTILITIES
10 AM Committee Room 9, 3rd Floor, State House Annex, Trenton, NJ

The Committee will take testimony from invited guests regarding the benefits to New Jersey of adopting Alternative Energy Portfolio Standards encompassing Combined Heat and Power (CHP) and Waste Heat Recovery Capturing emissions.

A-3893  Chivukula, U.J. (D-17); McKeon, J.F. (D-27)

Establishes uniform real property taxation for commercial renewable energy systems and eliminates municipal construction permit fees for non-commercial renewable energy systems.

   

A-3991  Chivukula, U.J. (D-17)

Provides exception from BPU standards for construction and installation of certain solar and photovoltaic electric generation equipment on utility poles by electric public utilities.

A-3992  Chivukula, U.J. (D-17)

Revises standards for wind generation facilities on preserved farmland.       

SENATE ENVIRONMENT AND ENERGY
10:00 AM  Room 10, State House Annex

S-2371  Smith, B. (D-17)

Requires that contracts by non-utility load serving entities to purchase solar renewable energy certificate shall extend for a term of 15 years or longer.

   

S-2857  Codey, R.J. (D-27); Doherty, M.J. (R-23)

Appropriates $84,495,199 from "2009 Green Acres Fund" and "Garden State Green Acres Preservation Trust Fund" for local government open space acquisition and park development projects.

   

S-2858  Greenstein, L.R. (D-14); Kean, T.H. (R-21)

Appropriates $14,818,787 from "2009 Green Acres Fund" and "Garden State Green Acres Preservation Trust Fund" for grants to certain nonprofit entities to acquire or develop lands for recreation and conservation purposes.  Related Bill: A-4051

   

S-2859  Gordon, R.M. (D-38); Beck, J. (R-12)

Appropriates $45 million from "2009 Green Acres Fund" and $12 million from "2009 Blue Acres Fund" for State acquisition of lands for recreation and conservation purposes.

   

SCR-107  Beck, J. (R-12); Sweeney, S.M. (D-3)

Proposed constitutional amendment providing for reduced property taxes for certain privately-held lands permanently preserved as open space.

   

SR-83  Rice, R.L. (D-28)

Memorializes Congress to renew America's water infrastructure by creating dedicated fund to upgrade and repair aging public water and wastewater systems.

   

SR-98  Gordon, R.M. (D-38)

Urges enactment of H.R. No. 2766, known as the "Fracturing Responsibility and Awareness of Chemicals Act of 2009." Related Bill: AR-112

SENATE ECONOMIC GROWTH

10:30 AM Committee Room 1, 1st Floor, State House Annex, Trenton, NJ

A-3469  Albano, N.T. (D-1); Milam, M.W. (D-1); Amodeo, J.F. (R-2); DiMaio, J. (R-23) Reestablishes historic driving privileges afforded holders of agricultural driver's licenses in operating farm equipment and vehicles. Related Bill: S-2428

   

A-3688  Wilson, G.L. (D-5); Riley, C.M. (D-3); Quijano, A. (D-20)

Authorizes Department of Agriculture to implement mobile fresh produce markets for residents of urban "food desert" communities. Related Bill: S-2728

   

S-1356  Oroho, S.V. (R-24); Van Drew, J. (D-1)

Encourages purchase of "Jersey Fresh" and other NJ agricultural products by State agencies, departments and facilities.  Related Bill: A-2342

   

SENATE STATE GOVT., WAGERING, TOURISM & HISTORIC PRESERVATION

1:00 PM - Committee Room 7, 2nd Floor, State House Annex, Trenton, NJ

A-763  DiMaio, J. (R-23); Riley, C.M. (D-3)

Establishes program authorizing lease of historic buildings and structures in State parks, forests, and wildlife management areas. Related Bill: S-2570

   

S-2570  Doherty, M.J. (R-23); Van Drew, J. (D-1)

Establishes program authorizing lease of historic buildings and structures in State parks, forests, and wildlife management areas. Related Bill: A-763

   

  

ASSEMBLY HOUSING AND LOCAL GOVERNMENT

2:00 PM - Committee Room 16, 4th Floor, State House Annex, Trenton, NJ

The committee will receive testimony from invited guests regarding the National Low Income Housing Coalition's 2011 Out of Reach Report along with data showing New Jersey's rentals are not affordable.

A-3179  Coughlin, C.J. (D-19)

Revises standard of value for the purposes of real property assessment where property owner is responsible for environmental damage to real property.

Related Bill: S-2279 

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Our most recent blog posts: 

Pennsylvania moving slowly toward a tax on natural gas

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Environmental & Energy bills in Trenton on Monday