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Christie Proposes Moratorium on Regulations – Signals Major Threat To Environment

(with 2 updates below)

I knew we were in for a battle over environmental regulations, but this is ridiculous (see: “Cutting Onerous Regulations“)

Just hours after the polls closed, Governor elect Chris Christie told the New York Times that he would impose a moratorium on new regulations:

“Governor-elect Christopher J. Christie of New Jersey, basking in praise from Republicans who hailed him as the party’s new star, said Wednesday that he would move quickly to suspend new regulations on business…”

Christie Pledges Fight on Taxes and Business Rules

The controversial move takes a play out of the Bush I and II Administrations’ anti-regulatory playbook, (and conservative think tanks) and would impact several major environmental rules recently proposed by DEP and now in the pipeline pending adoption.

In addition, a moratorium would hamper protections overseen by the Highlands Council, the Pinelands Commission, and the NJ Meadowlands Commission.

A moratorium would block critically important rules required to implement the green house gas emission reduction goals of the Global Warming Response Act, the Energy Master Plan, and rules to promote energy conservation and renewable wind and solar power development.

Many of these DEP state rules are mandated by federal laws, such as the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act (RCRA) which manages hazardous waste. Therefore, any Christie move to impose such a moratorium sets up a certain showdown with the Obama EPA, led by former NJ DEP Commissioner Lisa Jackson. During the campaign, Christie vowed to fight Obama federal EPA oversight and enforcement efforts in NJ.

DEP environmental protection proposals now in the pipeline that could be derailed by a Christie moratorium include:

Close of Comment Period

Public Hearing
Scheduled?

Document
Links

Proposal
Status

11/16/2009 Notice Of Public Hearing and Availability: Proposed New Jersey’s Sulfur in Fuels Rule Amendment (N.J.A.C. 7:27-9) and Proposed Revisions Tt New Jersey’s State Implementation Plan Addressing Fine Particulate Matter (PM2.5) and Regional Haze

1/15/2010

Yes

Notice

Open for Comment

Proposal
9/8/2009 Coastal Permit Program rules, N.J.A.C. 7:7; Coastal Zone Management rules, N.J.A.C. 7:7E; and Flood Hazards Area Control Act rules, N.J.A.C. 7:13; Wind and solar energy

12/7/2009

Yes

Notice Extension

Open for Comment

Notice
Proposal
10/5/2009 Water Pollution Control Act – N.J.A.C. 7:14-2 and 8 – readoption

12/4/2009

Yes

Notice

Open for Comment

Proposal

Proposals with Comment Period Closed

Publication
Date

Proposal Name

Close of Comment Period

Public Hearing
Scheduled?

Document
Links

Proposal
Status

8/17/2009 Division of Fish and Wildlife Rules – Proposed Amendments to 2010-2011 Fish Code N.J.A.C. 7:25-6

10/16/2009

Yes

Notice

Pending
Adoption

Proposal
7/20/2009 Processing of Damage Claims Pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act

9/18/2009

No

Notice

Pending
Adoption

Proposal
6/1/2009 Solid Waste Rules, Proposed Readoption without amendments: N.J.A.C. 7:26

7/31/2009

No

Notice

Pending
Adoption

Proposal
6/1/2009 Oysters – Proposed Amendments and New Rules to N.J.A.C. 7:25A, Proposed Repeals:  N.J.A.C. 7:25A-1.2, 1.9, 1.10, 4.1 – 4.6

7/31/2009

No

Notice

Pending
Adoption

Proposal
4/20/2009 Motor Vehicle Inspection and Maintenance

6/19/2009

Yes

Notice

Pending
Adoption

Proposal
4/20/2009 Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A – Proposed Amendments, Surface Water Quality Standards, N.J.A.C. 7:9B – Proposed Readoption with Amendments, New Jersey Pollutant Discharge Elimination System, N.J.A.C. 7:14A – Proposed Amendments

6/19/2009

Yes

Notice

Pending
Adoption

Proposal
4/6/2009 Industrial Site Recovery Act rule readoption without amendments

6/5/2009

No

Notice

Pending
Adoption

Proposal
4/6/2009 Division of Fish and Wildlife Rules – Proposed Amendments to 2009-2012 Game Code N.J.A.C. 7:25-5

6/5/2009

Yes

Notice

Pending
Adoption

Proposal
4/6/2009 Freshwater Wetland rules: Amendments to codify LOI reliance determinations

6/5/2009

Yes

Notice

Pending
Adoption

Proposal

3/16/2009

Proposed Maximum Contaminant Level for Perchlorate

5/15/2009

Yes

Notice

Pending
Adoption

Proposal

2/17/2009

Proposed new rules: Global Warming Solutions Fund Rules, 7:27D, Main topic of rulemaking: Establishment of priority ranking system for allocation of funds

4/18/2009

Yes

Notice

Pending
Adoption

Proposal

1/20/2009

Coastal Zone Management Rules: Amendments to N.J.A.C. 7:7E-3.21, 3.23, 3.49, and 8.14

Greenhouse Gas Monitoring and Reporting Program, N.J.A.C. 7:1G-3.1, 3.2 and 5.3; N.J.A.C. 7:27-21.1 through 21.3, 21.5, and 21.11 through 21.13

N.J.A.C. 7:27-31 NOx Budget Program

[Update #1 11/6/09 – just came across this:

“Christie said his first executive order will be to freeze unfunded mandates and new regulations for ninety days, something he promised during his campaign.”

[Update #2 – it keeps coming:

Guadagno, who will be in charge of a committee given the task of taking 90 days to review the state’s regulations, joked that she didn’t expect to be this far along so quickly after the seemingly tight gubernatorial race.

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  1. Abbie Fair
    November 6th, 2009 at 11:43 | #1

    The Governor-elect better tell the legislature to stop passing legislation that has to be implemented!

  1. November 7th, 2009 at 10:34 | #1
  2. November 12th, 2009 at 11:12 | #2
  3. November 14th, 2009 at 12:02 | #3
  4. November 16th, 2009 at 16:05 | #4
  5. November 21st, 2009 at 19:28 | #5
  6. November 24th, 2009 at 11:23 | #6
  7. December 9th, 2009 at 11:00 | #7
  8. December 22nd, 2009 at 18:14 | #8
  9. January 20th, 2010 at 21:35 | #9
  10. February 14th, 2010 at 13:58 | #10
  11. February 26th, 2010 at 16:38 | #11
  12. April 17th, 2010 at 20:25 | #12
  13. April 19th, 2010 at 10:03 | #13
  14. December 28th, 2010 at 15:24 | #14
  15. March 22nd, 2011 at 11:40 | #15
  16. April 25th, 2011 at 15:56 | #16
  17. April 3rd, 2019 at 13:57 | #17
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