Wednesday, November 30, 2011

NJ court orders hearing on 'no further action' decision


This post may interest businesses and property owners affected by New Jersey's contaminated site cleanup rules and be of particular value for attorneys and consultants who make a living interpreting and executing those directives.

The Cole Schotz law firm's Environmental and Energy Department reports today on a NJ Appellate Division ruling that a property owner is entitled to have an administrative hearing regarding the rescission of a no further action letter (“NFA Letter”) by the state Department of Environmental Protection.

In this case, a subsidiary of Hartz Mountain Industries, a former landlord of an industrial tenant named Crompton Colors, Inc., appealed DEP’s rescission of an NFA Letter issued in 2002 and the denial of its request for a hearing to contest the decision.

You'll find attorney Douglas I. Eilender's full report here.

Our most recent blog posts:
Former NJ Gov. raps current NJ Gov. on RGGI pullout

Anti-fracking bill clears NJ environmental committee

Need mulch? Give almost any town in North Jersey a call
Anti-fracking bill before NJ Assembly committee today



----------------------------------------------------------------------------------------------------------------------------------
Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click 

Former NJ Gov. raps current NJ Gov. on RGGI pullout


Former New Jersey Gov. Tom Kean

Former Republican Gov. Thomas Kean told an audience at a Rutgers University conference yesterday that he  thought it was "a shame" that fellow Republican Gov. Chris Christie pulled New Jersey out of the Regional Greenhouse Gas Initiative.  [The right and left debate RGGI in New Jersey]. 
 


From today's NJ Spotlight's report on the climate-change conference:
Former Republican Gov. Thomas Kean is such a believer in climate change that he is calling on informed citizens to "confront those who don't believe in the science of it for the ignorant people that they are."
New Jersey Governor Chris Christie
Speaking before a Rutgers University conference in New Brunswick Tuesday, Kean criticized fellow Republican Gov. Chris Christie, saying it was a "shame" that he pulled New Jersey out of the Regional Greenhouse Gas Initiative.
Christie's decision to pull out of RGGI was highly controversial and was especially disappointing to its backers, who hoped the regional initiative would serve as a successful prototype for a national effort to combat global climate change. 
His decision also has been criticized by Democrats in the legislature who have sought to enact bills to maintain New Jersey's participation in the program, most often without any Republican backing.

When Christie announced his decision to withdraw from the program this past summer, he conceded manmade activities were contributing to global warming, but dismissed the regional initiative as ineffective and merely a tax on consumers.

Former Gov. James Florio, however, said "we ought to be asking what it's going to cost if we don't do something."

The state's liberal political blog, Blue Jersey, which rarely misses an opportunity to criticize Mr. Christie, offered this perspective:
It is a sad measure of the lack of influence of Gov. Kean, a hugely popular figure in New Jersey politics, on today's Republican Party that not one of the over 40 Republicans in the Legislature - who are led, in part, by his son - will stand up to Christie the way that Kean did yesterday.

As the event pointed out, it is ultimately our farmers, shore communities, and tourism industry that will pay the price of state and national inaction on climate change.

**If energy and environment issues are important to you, try a, free, 30-day trial subscription to our newsletter, EnviroPolitics. We carry dozens of stories, like the ones above, from New Jersey, Pennsylvania, New York, Delaware--and beyond--every business day. We also track all environmental legislation in NJ and PA--from introduction to enactment!**


Our most recent blog posts:

Anti-fracking bill clears NJ environmental committee

Need mulch? Give almost any town in North Jersey a call
Anti-fracking bill before NJ Assembly committee today

----------------------------------------------------------------------------------------------------------------------------------
Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click

Tuesday, November 29, 2011

Anti-fracking bill clears NJ environmental committee

"Politics is perception," the chief lobbyist for the state's chemical industry reminded members of
a legislative committee yesterday at the start of its hearing on A-4231, a bill to outlaw the storage or treatment of fracking wastewater in New Jersey.

And, for the ensuing 90 minutes, people on both
sides of the issue did their best to shape the public perception on hydrofracturing--the natural gas extraction technique more commonly known as fracking.

Hal Bozarth, executive director of the Chemistry Council of New Jersey, said that activists are using the legislation (and a separate bill banning fracking) to send a message to other states that New Jersey is opposed to fracking and, by extension he argued, to economic development.

How so? Because natural gas is a "building block" used by the chemical industry to create
a host of consumer products from computer parts and shampoo to toys and solar panels.

Many former manufacturers left the state, he said, when the cost of natural gas traded at
$14 per British thermal unit. The cost has dropped to $3 per Btu today, largely due to Marcellus Shale production, presenting New Jersey businesses, he said, with a significant raw material cost savings.

Bozarth argued that natural gas also promises to bring down New Jersey's industrial energy rates which are 70 percent higher than the national average, while offering an environmentally cleaner alternative to coal in the production of that energy.

So much for shaping the positive perception. 

On the negative side, fracking opponents, like Tracy Carluccio of the Delaware Riverkeeper Network, asked why New Jersey would want to dispose of fracking wastewater in its waterways, claiming it is "ten times more toxic than waste water produced by gas drilling platforms."

Up to 20 million gallons of it is produced daily in Pennsylvania, she said, and is being sent to Ohio where it is being disposed of in injection wells. DuPont, Carluccio said, is interested in treating fracking wastewater in New Jersey.

The Sierra Club's Jeff Tittel said:  "We can't handle the wastewater we currently have. Every time it rains, we have billions of gallons of partially treated sewage going out into our waters and streams."

Tittel said that 50,000 gallons of wastewater escaped full treatment in Bergen County during Hurricane Irene, and asked: "What if that was fracking fluid?"

To avoid a possible interstate-commerce constitutional challenge, the bill was amended to remove a prohibition on transportation of fracking water into the state, presumably from Pennsylvania where fracking is being used to drill for natural gas in the Marcellus Shale or from New York where state regulators are getting closer to allowing such drilling.

The two Republican members of the five-member committee would not provide votes for the bill's release, foreshadowing a tough battle ahead. The bill has virtually no chance of passing during the current lame-duck session but surely will be reintroduced when the Legislature reconvenes for a new two-year session in January.

You can listen to the entire hearing here.

Related
:
Committee Says NJ Won't Treat Wastewater from Hydraulic Fracturing
Panel approves bill banning treatment, disposal of wastewater from 'fracking'



----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click

Need mulch? Give almost any town in North Jersey a call

The freak October storm that dropped a good amount of snow across northern New Jersey also dropped tons of trees and branches. So much so that Department of Public Works employees are piling up the overtime as they pick up, chip up, mulch up and pile up all the debris.

And they need to get it done soon, as the annual fall leaf collections already are coming in.

NBC New York's Brian Thompson, who has a nose for such quirky environmental news, shows us just how big a job the North Jersey Mulchup is in the video below. 


View more videos at: http://nbcnewyork.com.


----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click

Sunday, November 27, 2011

Anti-fracking bill before NJ Assembly committee today



The New Jersey Assembly's Environment and 
Solid Waste Committee this afternoon will vote 
on six energy and environmental bills, including 
one that would prohibit the treatment of fracking 
wastewater anywhere in New Jersey.




A-4231, sponsored by Assemblywoman Connie Wagner (D-Bergen) and Reed Gusciora 
(D-Mercer), the bill would prohibit the shipping or transporting into, or treatment in
the State of wastewater from hydraulic fracturing (fracking). A companion measure, S-3049, 
awaits action in the Senate Environment Committee.    

The Legislature already has approved legislation that would ban the use of fracking, a
controversial natural gas-drilling technique, but Governor Chris Christie says he will not sign
the bill unless it is amended to apply for only one year. [Governor's conditional veto message]

Although gas companies have shown no interest in drilling in New Jersey so far (the
Marcellus Shale formation lies under neighboring Pennsylvania and New York states)
environmentalists here have made fracking an the issue, calling on Gov. Christie to vote
by the regional Delaware River Basin Commission.

Other bills to be heard by the Environment and Solid Waste Committee today 
at 2 p.m. in Committee Room 9 of the  State House Annex in Trenton are:

A-1102  Coyle, D.M. (R-16)
Provides for priority consideration, by DCA, DEP, DOT, and local government units, of permit applications for green building projects.
      
A-4267  Wagner, C. (D-38); Pietro, V. (D-32)
Allows counties and municipalities to use open space trust funds for purchase of flood-prone properties.  Related Bill: S-3078
   
A-4269  Wagner, C. (D-38)
"Emergency Transportation and Water Infrastructure Recovery Bond Act of 2011;" authorizes bonds for $100,000,000.  Related Bill: S-3099
      
A-4279  McKeon, J.F. (D-27); Chivukula, U.J. (D-17); Benson, D.R. (D-14)
Increases renewable energy and energy efficiency requirements under "Electric Discount and Energy Competition Act."  Related Bill: S-3032
     
A-4358  McKeon, J.F. (D-27)
Establishes forest harvest program on State-owned land.

Assembly Agriculture and Natural Resources Committee also meeting today.  

The Agriculture committee, meeting at 2 p.m. in Room 8, plans to take up:

A-2770  Amodeo, J.F. (R-2); Albano, N.T. (D-1)
Transfers the Division of Fish and Wildlife (currently within the state Department of Environmental Protection to the Department of Agriculture.
     
A-3387  Riley, C.M. (D-3)
Expands number of salesrooms winery may operate from six to seven and permits sampling of wine at salesrooms.
   
A-3388  Riley, C.M. (D-3)
Permits wineries to sell wine at certain farm markets.
   
AR-168  Albano, N.T. (D-1)
Urges USDA and other federal agencies to support State efforts and fund solutions that reduce or eliminate the stink bug population.
     


----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click



Saturday, November 26, 2011

A big Thanksgiving for opponents of fracking, power line


If environmentalists were pleasantly surprised last week when an expected vote to allow the use of fracking to extract natural gas in the Delaware River basin was blocked [Fracking foes celebrate a win but cannot declare victory] they had to be stunned days later when a federal agency delivered a totally unexpected Thanksgiving gift.

Standing up to a formidable array of political interests, including electric power companies in Pennsylvania and New Jersey, the governors, lawmakers and regulators in both states, operators of the PJM Grid, and even the liberal editorial writers at the (Newark) Star-Ledger, the relatively puny National Parks Service recommended that a proposed high-power line through the Delaware Water Gap not be built.

Environmentalists and residents living along the line's route in both states have been fighting against the proposal for more than a year, claiming that doubling the existing line's capacity from 230 kilovolts to 500 kilovolts, and carrying that power load on new towers some 165 to 190 feet taller than the exiting 65 to 80 foot structures, would create a visual and environmental scar, especially through the Delaware Water Gap Recreation Area.

Star-Ledger graphic by Frank Cecala
















The opponents had been vigorous in their protests despite a long series of setbacks in both states. But they sunk into a resigned slump back in October when Interior Secretary Interior Secretary Ken Salazar announced that the Obama Administration had selected the project as one of several to "fast track."

The enviros took Salazar's announcement as a signal that the President, with re-election looming, had decided in favor of economic development over environmental protection and that they, essentially, were screwed.

Event the Star-Ledger declared in a Nov. 9 editorial: New Susquehanna-Roseland power line must be built.

"You have to have some sympathy for them. This line will be ugly and sections will stretch nearly 200 feet tall, dwarfing the existing line. As it winds through the Highlands region, it will tarnish unspoiled views.

"But the hard fact is that New Jersey needs this line, or we will soon be at risk of brownouts and blackouts. Imagine how helpful that would be to the region’s economy, to the quality of life and to public safety. Let’s face it: We need the juice."

So, as we said at the start, the National Park Service's  recommendation was more than surprising.

"Very unusual" is how Julia Somers, executive director of the Highlands Coalition, described it
"It was gutsy of the NPS to have taken this position." 
 

The recommendation, however, does not end the controversy.

While choosing a 'no build' alternative among six options considered in its draft environmental impact study, the National Park Service noted that a final decision won't come for a year.

In the meanwhile, it plans three public hearings on its recommendation:
  • Jan. 24 at the Fernwood Hotel on Route 209 in Bushkill, Pa.
  • Jan. 25 at the Stroudsmoor Country Inn in Stroudsburg, Pa.; and 
  • Jan. 26 at the Farmstead Golf and Country Club on Lawrence Road in Andover. 

Public comment is to be accepted through Jan. 31. The full study and information on submitting comment can be accessed here

Related:
Susquehanna-Roseland power line faces one more round of scrutiny
Park Service's final decision on power line a year away
National Park Service Opposes New Power Lines in the Delaware Water Gap

National Park Service: Susquehanna-Roseland line best for environment if not built


----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click
 


Tuesday, November 22, 2011

Fracking foes celebrate a win but cannot declare victory

Anti-fracking opponents rally in Trenton, (Julio Cortez/AP photo)

On the steps of Trenton's War Memorial yesterday hundreds of environmentalists took time to celebrate a battle win in a campaign that they know is far from over.

At a rally followed by a march to the State House, they were urged to keep up the political pressure that had forced the Delaware River Basin Commission to postpone a vote on regulations that would have allowed the start of natural gas well drilling in northeast Pennsylvania.

Those wells would employ the controversial technique called hydrofracturing (fracking) that pumps a mixture of water, sand and toxic chemicals, under high pressure, into underground shale rock deposits to release trapped natural gas.

The natural gas industry supports the regulations, arguing out that further delay will penalize local governments that could benefit from the economic development that gas exploration promises.

A coalition of regional environmental organizations is leading the opposition, claiming that fracking poses an unacceptable pollution risk to the Delaware River basin's water supply that serves 15 million users.

The vote, originally scheduled for yesterday in Trenton, was postponed abruptly on Friday when Delaware's Governor, Jack Markell, a Democrat, made it know that he would be voting no. He would have joined New York's Gov. Andrew Cuomo, also a Democrat, in voting no.

Pennsylvania's Republican Gov. Tom Corbett, a virtual cheerleader for the gas-drilling industry that contributed more than a million dollars to his election campaign, was more than ready to vote yes. His GOP colleague, NJ Gov. Chris Christie, was expected to do the same.

The deadlock gives the tie-breaking vote to the U.S. Army Corps of Engineers' representative on the Commission, a distinction that the Obama Administration likely would have preferred not to make.

If the federal government votes against the rules, Obama's presidential rivals will claim he's turning his back domestic energy, jobs, and an opportunity to stimulate the Keystone State's slumping economy.  A yes vote will further alienate progressives who already find the President's environmental efforts to be uninspiring.

More coverage in today's EnviroPolitics. Try it free, for 30 days with no-obligation

----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click
 

Monday, November 21, 2011

Fracking opponents plan big protest in Trenton today

Trenton War Memorial
A number of organizations are calling for a large demonstration this morning in Trenton, NJ in opposition to hydraulic fracturing or fracking regulations proposed by the Delaware River Basin Commission (DRBC).

The activists plan to march on the State House following a rally at 11 a.m. outside Trenton's War Memorial. That is where the Delaware River Basin Commission had been set to vote on regulations today before the commission abruptly postponed the meeting on Friday after
Delaware's governor said he would oppose the draft rules.

New York previously announced its opposition to the regulations which need three votes to pass. New Jersey and Pennsylvania were likely yes votes. It was uncertain how the fifth member of the commission, the Army Corps of Engineers, was planning to vote.

Either way, there was a likelihood of a 3-2 vote, a glaring lack of consensus on a prominent issue that was potentially going to split on party lines, said Maya van Rossum, head of the nonprofit Delaware Riverkeeper Network.

"The intelligence that we're gathering is that when Delaware announced that it was not going to support the regulations, essentially the feds and New Jersey got cold feet," van Rossum said.

Larry Ragonese, a spokesman for the New Jersey Department of Environmental Protection, said that the agency viewed the proposed regulations as strongly protective of the environment, but that there was no rush if changes were needed.

"If other states still have questions that they feel need to be addressed, we would obviously want them to have an opportunity to make sure they can resolve those issues," Ragonese said. "The goal is to get it done correctly."

Gov. Corbett, on the other hand, voiced impatience. "Pennsylvania is ready to move forward now," he said in a news release, charging that the delay was "driven more by politics than sound science."

In a statement, the president of the industry's Marcellus Shale Coalition, Kathryn Klaber, also urged action, arguing that drilling has lead to more jobs and access to cleaner-burning fuel.

"The vocal minority calling for less energy development are simply ignoring the American people's basic needs," Klaber said.

Environmental activists say pollution from fracking would threaten drinking water supplies for 15 million users.

Last week, they claim to have delivered more than 71,000 letters to the Commission members. Opponents say today's rally is an opportunity to keep up pressure against fracking.

Expected speakers at today's rally include Josh Fox (Gasland writer and producer), Mark Ruffalo (actor, director and founder of WaterDefense.org), Deborah Winger (actress), Maya van Rossum (Delaware Riverkeeper), Jim Walsh (Food and Water Watch), and Jeff Tittel (Sierra Club NJ.) 


Related:
DRBC delays controversial vote on fracking rules

Decision delayed on drilling in Delaware River basin
Maryland Weighs Fracking's Potential Impact
State Rep. Gary Day explains why he voted for Marcellus Impact fee
Congressman rails against more fracking regulations


Bob Hanna to replace Lee Solomon at the NJBPU

----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click
 

 

Saturday, November 19, 2011

After two outs before the NYPSC, Covanta back at bat

New Jersey-based Covanta Energy Corp. struck out in previous tries in 2004 and 2010 to convince the New York Public Service Commission that its technology of burning waste to create electricity should qualify for renewable energy state subsidies.

The company was back at the plate on Thursday. Once again, it failed to get a hit, but didn't strike out either.

Despite a recommendation by staff to reject Covanta's request, the PSC decided to postpone action pending further study.

The Times Union reported that Acting PSC Chairwoman Patricia Acampora said she wanted more information about how other states and countries view trash-burning as a renewable energy source. She ordered the Covanta request set aside until further notice.

Howard Jack, an administrative law judge for commission, said pollution emitted by the plants, while reduced in recent years, still remains significantly higher than emissions from coal-fired power plants.

Covanta did not demonstrate that renewable energy subsidies are needed to support burn plants, Jack said, adding the plants have already operated for many years without subsidies. The subsidy under the Renewable Portfolio Standard comes from a surcharge on electrical bills.

Covanta spokesman James Regan said it was unfair to compare burn plants to coal-fired power plants. He said burn plants have lower average emission than landfill methane electric plants, and biomass, where fuel like wood is burned, Both of those technologies already qualify for renewable energy subsidies.

Covanta operates plants in Dutchess County; in Nassau and Suffolk counties on Long Island; in Onondaga County in central New York; and in Niagara County in western New York.

Covanta is seeking subsidies on new projects, not its existing plants, Regan said

Bob Hanna to replace Lee Solomon at the NJBPU

----------------------------------------------------------------------------------------------------------------------------------

Like this post? You'll love our daily newsletter, 
EnviroPolitics

Try it free for 30 days!
  No obligation. Cancel anytime with one click
 
 


Thursday, November 17, 2011

Top 2 environmental news stories for PA & NJ - 11/17/11




Business, government and environmental leaders who subscribe to EnviroPolitics accessed full versions of the environmental news stories below in today's
edition--and dozens more:


In Pennsylvania


DEP reviews its shale Inspections State inspectors found 633 violations at Marcellus Shale drilling sites during the first five months of this year, and were almost three times more likely to find violations at drill sites in north central Pennsylvania than in the southwest, says a DEP report released Tuesday Post-Gazette


Area soot linked to 1,300 deaths
Nearly 1,300 premature deaths could be prevented annually in the Pittsburgh area with stronger federal pollution controls on soot, according to a report to be released today by a team of health and environmental groups Tribune-Review


In New Jersey


Plug-In Vehicles: Where to charge, what to charge Electric vehicles are on the roll but New Jersey will need an electric infrastructure to keep them rolling NJ Spotlight


Army Corps closer to finishing Peckman River study  
The U.S. Army Corps of Engineers is conducting a $2.2M study that will determine how they implement a plan to mitigate flooding along the Peckman River in Little Falls, Woodland Park and Cedar Grove The Record
> North Jersey officials discuss flooding fixes
The Record
> Long-term flooding relief nowhere in sight
The Record