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[Update 5 – 10/17/09 – another validation of my analysis – Bergen Record: Gubernatorial contenders strike a civil tone

[Update 4 – validating my point, chalk this up to Daggett’s leadership: Gov. Corzine would consider gasoline tax increase for transportation projects

[Update 3 – 10/11/09: NY Times echoes my point: Independent Candidate Stirs Up the Governor’s Race in New Jersey “Mr. Daggett’s dry talk of substance has filled an enormous vacuum.” 

[Update 2 – 10/10/09:  Star-Ledger endorses independent Chris Daggett for N.J. governor

[Update 1 : Some have misunderstood this post to mean that I support Daggett. That was not the intent of the post. For the record, I take no position on Daggett. I have written mostly favorably of his energy policy proposals here, written mostly critically of his ethics, DEP, and environmental policy initiatives here, and strongly criticized the Sierra Club for how they handled the Daggett endorsement here.]

Chris Daggettt has already won. It doesn’t matter now who gets elected.

Chris Daggett, Independent candidate for NJ Governor

Daggett has managed to change not only the tone and tenor of this year’s campaign, but has created space for real governing after the election.

Just like the upcoming October 8 debate will dramatically change from the previous one, so too will governing in Trenton in the lame duck session as well as by the next Governor.

Daggett did so the old fashioned way, by injecting policy back into politics and by focusing on governing, not just campaigning.

In the process, he has far outdone Obama, while creating a policy opportunity far greater than the President, who championed the empty slogan of “change” in the Presidential campaign and has since governed without a progressive policy framework.

Daggett’s feat has illustrated that campaigning and governing are inextricably linked.

Whether a campaign is based on fear and smear (the Republican and Christie model) or empty rhetoric (the Democratic and Corzine model) does not matter. Both styles do not enable the framing of issues or formation of consensus to emerge on policy. Without a policy framework or consensus, it is impossible to govern effectively.

Thank goodness that this is now obvious. And the result does not inure to the benefit of an individual candidate, but determines the entire context for the remainder of the campaign and the next administration. This is a huge feat.

Daggett accomplished his feat by framing 4 progressive public policy fields and by finally vanquishing the anti-government bogeyman that has brought NJ to this crisis point:

1. The need for investments in infrastructure. Daggett has put the long forgotten Transportation Trust back on the radar screen. He has done so by focusing on transportation needs and stable financing. He has done so in a way that does not play into anti-tax and anti-toll sentiment, or rely on privatization or financial schemes, as Corzine did.

2. The need to change the tax structure. Daggett not only has opened up an important policy discussion on shifting the tax structure to better fit our service economy. He openly pledged to consider raising the gas tax (an issue previously off the table). When combined with Daggett’s environmental policy views, this opens the door for and will naturally lead to considering a broader based energy or consumption tax framework. Critically, an energy or carbon based tax (with low/moderate income rebate) can level the economic playing field between renewable energy costs and subsidized carbon based fuels, and spur private investment in renewable energy. So again, Daggett has won by brilliantly and creatively linking tax policy, the structure of the economy, and substantive policy goals.

3. The need to make protecting the environment a priority. Daggett has illustrated the need to link rhetorical policy goals with implementation. His move to hold a press conference and take clear positions on specific energy projects (off shore LNG, Linden coal plant, et al) immediately after the September 8 energy debate was a clear demonstration of this. By doing so, without even mentioning or criticizing them, Daggett showed why Corzine’s empty energy and global warming goals are so flawed. Daggett was also the only candidate to even mention the environment in the first debate, and he did this in a  way that linked his tax restructuring with investments in open space. Again, a brilliant policy and rhetorical move.

4. The need to stem the”brain drain” and invest in education. Daggett is the only candidate even talking about this critical issue. Lots of voters intuitively understand this, because they went to college  or their kids are going to college in another state. NJ’s higher education is a national disgrace.

Last, Daggett was called a “dreamer” and ineffective candidate and politician by columnist Tom Moran of the Star Ledger.  Moran has things exactly backwards. By leadership and what a buffoon of a president called “the vision thing”, Dagger has opened vast new space for policy and governing.

Daggett is the only effective politician in the race (whether he wins or loses).

Now if the media would only get with the program….

Alexauken Creek, West Amwell, NJ – healthy Category One stream buffer

[Update below]

The Department of Environmental Protection (DEP) provides enhanced regulatory protections for “exceptional” waters of the State, known as “Category One” or “C1″ streams.

No disturbance of soils or vegetation is allowed by “major development” within a 300 foot wide vegetated stream buffer (on each side). Wide vegetated buffers protect water quality, provide plant and wildlife habitat, and reduce flooding risks.

On November 3, 2003 DEP proposed to classify the Alexauken Creek  a C1 stream. No doubt, DEP considered the above stretch of the Alexauken in West Amwell. According to DEP:

Delaware River Basin: Alexauken Creek –  The Department is proposing a Category One antidegradation designation for the entire length of the Alexauken Creek including all named and unnamed tributaries based on “exceptional ecological significance“. Data on the health of the benthic macroinvertebrate community in Alexauken Creek indicate low stress (non-impaired) to the aquatic community with a good diversity of intolerant organisms. The in-stream habitat quality assessment indicates an exceptional (optimal) habitat quality (see Table C). The Alexauken Creek received a good Fish IBI rating with 16 different species identified in the stream (see @ page 10-11)

The Alexauken C1 proposal was adopted on August 2, 2004. Only the NJ Builders Association opposed it.

So, it’s crazy  that local farmers are allowed to ignore the importance of protected buffers and not only destroy stream vegetation, but graze cattle directly in the stream. This pollutes an important tributary to the Delaware River (upstream of Trenton’s water supply intake). It also increases flooding risks to downstream homes and the City of Lambertville.

cattle grazing in C1 stream and poor land management of buffer. Note how the buffer is clear-cut in the power line right of way

PSEG clearcuts vegetation in stream buffer, exacerbating erosion that ironically now threatens their own powerline

PSEG clear cuts vegetation in steep slopes in the stream buffer. This exacerbates soil erosion caused by grazing and poor farmland management practices:

Downstream of this farm, the flooding is made worse:

Alexauken floods after small rainfall (this is just feet downstream of farm depicted)

A a result, the banks of the Alexauken are severly eroding – compare the below eroded stretch of the stream to the forested buffers in top photo:

stream bank erosion caused by poor land use and poor land management

Here’s what the Alexauken looks like after intense rainfall (location of this photo is just upstream of the cattle shot, across the same farmer’s land):

Alexauken floods farmer’s land

Here is the Alexauken, flooding just downstream of this farm – flood waters wash out road and threaten bridge, imposing millions of dollars of costs on taxpayers to replace them:

Alexauken flooding threatens to wash out road and bridge

Here’s where the Alexauken meets the Delaware inLambertville (after a small morning rain) – these tributaries make flooding far worse in Lambertville and Trenton:

Alexauken near D&R Canal and Delaware River just north of Lambertville

If one looks closely at the pictures of the cattle in the stream, one will note the footings of a major power transmission line. Note how the stream bank is eroding, thus jeopardizing the structural integrity of the power transmission line. Does PSEG care about land management threat to it’s power lines?

poorly managed land, grazing cattle in stream cause erosion that threatens power transmission tower

[Update: 10/20/15 – just came across this gem of a statement by PSEG in a Susquehanna Roseland power line BPU petition – check i out in light of the above photo:

For the most part, it is my understanding that structure replacement will take place within the existing Right-of-Way in as near a location as the existing structures, and thus there will be minimal net loss of wetlands or critical resources. In the isolated event that an additional pole must be placed in a critical area because of engineering constraints, the permanent impact will be isolated to the footprint of the structure base or foundation. Any permanent impacts will be mitigated in accordance with the applicable laws and regulations of the governing entity PSE&G has proposed alternative locations for both switching stations in an effort to reduce the environmental impacts.  (@p.80) ~~~ end update]

So, if State regulators at DEP don’t give a damn about protecting water quality and reducing flooding risks, maybe the BPU or PSEG will step in. If I recall, a tree fell on a power line in Ohio and that resulted in a blackout in the entire northeast. What would hapen if this transmission tower were to fall? If anyone even mentioned doing such a thing, I’m sure the Homeland Security folks would view it as a “eco-terrorism” concern. Maybe we ought to consider poor land management and soil erosion as a form of domestic terrorism – they are doing far more harm than alleged terrorists.

West Amwell Ordinance prohibits soil disturbance or destruction of vegetation in buffer

Grazing cattle in a C1 stream and PSEG practices of clear cutting vegetation in the protected stream buffer are unacceptable land management practices. We will bring this matter to the attention of all agencies with regulatory jurisdiction and an ability to stop it: DEP; Hunterdon County Soil Conservation District; State Agriculture Department; BPU; and West Amwell Township.

We’ll let you know about what we hear – but don’t hold your breath waiting for enforcement.

Hal Bozarth (L) & Tony Russo (R) lobbyists for chemical industry sign in at DEP today

I got a tip and was able to catch lobbyists for the chemical industry in the act. They met privately today with DEP Commissioner Mark Mauriello. The meeting was to discuss, among other things, appointments to a controversial new DEP Science Advisory Board (SAB).

DEP Commissioner Mark Mauriello

It is precisely these kind of off the record private lobbying meetings between DEP and regulated industry and developers that illustrate the need for more transparency at DEP.  We recently petitioned DEP to force public disclosure of these kinds of private meetings. That petition is currently before Commissioner Mauriello, who must make a decision shortly.

At the federal level, the Obama administration has emphasized greater transparency in government. In response, EPA Administrator Lisa Jackson posts daily schedules of EPA managers on the EPA website, something Jackson explicitly rejected while NJ DEP Commissioner.

Yesterday, we filed a lawsuit seeking access to exactly these kinds of records that show chemical industry political intervention at DEP.

The chemical industry is pressuring Mauriello to appoint the following industry scientists to the SAB:

Anne Masse – employed by Dupont

John Gannon – also w/Dupont at Wilmington, De. plant

Joseph West – Merck Research Laboratories, Rahway NJ

Daniel Caldwell – Stout and Caldwell  Engineers and South Jersey Development Council

Public business done Behind Closed Doors - DEP Commissioner's Suite

DEP is an administrative agency that is required by law to make open and transparent decisions based on law, science, and the public interest, not politics in back room deals with lobbyists for special interests.

Chemical industry political lobbying has no place in the DEP decision-making process, and must be restricted. Current Election Law Enforcement Commission (ELEC) laws already mandate reporting of these kind of lobbying attempts “to influence government processes“.

But far stronger restrictions are required. Forcing public disclosure is a good first step in that process of minimizing the corrosive effects of special interests on DEP.

Lobbyists should be limited to these buildings:

Statehouse, Trenton, NJ

Legislative Annex, Trenton, NJ