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Archive for September, 2013

Shore Fire Provides Last Chance To Rethink “Rebuild Madness” and Reject Climate Denial

September 14th, 2013 No comments

Gov. Christie Again Drunk on Nostalgia – Repeating Sandy “Rebuild Madness”

Gov. Relies on Slogans to Scapegoat “Red Tape”

 Time to Form A Coastal Commission To Plan For A Climate Changed Shore

Gov. Christie in response to Sandy:

“This is too important a place in the fabric of New Jersey’s culture to not rebuild it. I’ve never had any doubt in my mind that we’re going to rebuild it,” Christie said. “I do not intend to be the governor who presides over the idea that this is going to be gone. I refuse to accept that.” (Asbury Park Press 11/10/12) (see: Are there any grownups in the room?)

Gov. Christie in response to Seaside fire:

“We lost a place that has provided generations of memories to our citizens, but we will rebuild,” Christie said. “We’ll make new memories for our families, because that’s what we do.”

He vowed his administration would cut through red tape and try to speed the pace of demolition and construction. It was too soon, Christie said, to place a dollar figure on the damage. (Star Ledger 9/14/13)

Same manipulative faux nostalgia.

Same shameless self promotion.

Same scapegoating of government “red tape”.

Same “rebuild madness”.

Before we repeat the same historical coastal development mistakes and the same post Sandy mistakes I have called “Rebuild Madness”, a little context is in order:

1) We are talking about highly vulnerable barrier islands.

Sea level is rising – the rate of rise will only increase as a result of global warming. The barrier islands will be inundated and/eroded away in our lifetimes.

Climate change will only increase the strength of coastal storms and storm surge.

It is insane to rebuild there –

Rather, we need to gradually retreat from the barrier island to higher elevation mainland areas.

2) “Red tape” is your friend.

“Red tape” includes things like this:

  • land use planning and zoning to avoid development of high hazard locations and maximize preservation of natural features
  • Hazard Mitigation and Climate Change Adaptation Planning to adapt to future conditions under climate change
  • DEP infrastructure regulatory standard to assure things like adequate pressure in water mains to provide enough water to fight fires
  • building and fire codes to prevent the speared of fires and minimize damage and loss of life
  • insurance requirements to minimize risk

It appears that these “red tape” safety protections were ignored – because, at a minimum, building permits were issued in locations that lacked adequate water pressure to fight fires. A Star Ledger story quotes the Gov. himself to confirm this apparent serious violation of codes and DEP water supply regulations:

Christie said there were challenges with the water supply because of damage to the system post-Sandy, “so in order to work around this, we are drawing lines from Barnegat Bay.

Maybe if DEP Commissioner Martin had not issued an Order deregulating the rebuilding of infrastructure, the DEP would have been involved in assuring adequate pressure as part of the rebuilding permit review process.

Was basic public infrastructure correctly rebuilt? See prior news reports on precisely this issue:

“Restoring basic public infrastructure will be a critical first step toward the recovery of our cities and towns,’’ Martin said. “For emergency repairs, we cannot let bureaucracy get in the way. Red tape should not and will not hold up this vital work.’’ […]

“The [Martin] order amounts to a total abdication of DEP’s responsibility to supervise responsible planning and environmentally sound permitting of critical public infrastructure,’’ said Bill Wolfe, director of the New Jersey chapter of Public Employees for Environmental Responsibility, a public watchdog group

Full disclosure: Before that NJ Spotlight story, I broke the story on the Martin Order and wrote about this as well, seeChristie Abdication: DEP Commissioner Martin Waives Rules for Rebuilding Wiped Out Infrastructure

Of course, if Gov. Christie was not a climate denier, he would not have engaged in “Rebuild Madness” and instead rethought coastal development, engaged in hazard mitigation and adaptation planning, and supported a coastal commission, instead of mindlessly rebuilding in the vulnerable locations that just burned down.

3) Emotional appeals and denial of science must not be the basis for public policy

Nostalgia is a wonderful human emotion.

But it must not be the basis for public policy and expenditure of billions of dollars of taxpayer money.

The Gov. and the Legislature need to wake up to and set policy based on what the science is telling us.

The fire is perhaps out last wakeup call.

BTW Governor, it is not government’s role to “make memories”.

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September Scorcher Spawns Spin

September 12th, 2013 No comments

September Heat Wave, Peak Power Crisis, and Climate Change

NJ Spotlight today reports that yesterday’s record high temperatures led to a record in peak demand for the month of September and triggered PJM emergency declarations in 4 states, see:  SEPTEMBER SCORCHER SPIKES PEAK DEMAND ON REGIONAL POWER GRID

Curiously, NJ was not one of the 4 States under the PJM emergency, a fact that goes unexplained in the story.

That explanation of why NJ was OK is very important, because PSEG and the the power guys have repeatedly been warning the public that the sky is falling and we must build billion dollar new power lines to import dirty coal power, new gas lines to import frack gas, and new instate gas fired power plants, spin that is regurgitated in the story.

Instead of taking that controversial issue head on, seeking journalistic balance, the story merely noted that environmentalists argue that energy conservation, demand management, and distributed renewable energy are better solutions than new power lines and plants.

There is no mention of the role of climate change and the imperative to reduce carbon emissions.

And on top of that, the issues are all presented as a he/said she said with no facts offered, so, in the general public’s mind, of course the power guys have more credibility on their energy issue than the enviro’s.

These deficits in the story are curious, because all the critical facts are in the public record and part of the BPU review process.

For example, just days ago, I posted relevant data from expert testimony testimony in a BPU proceeding on the decline in peak demand, the decline in total demand, and the lower costs of efficiency.

Most critically, the data show that PSEG is doing a lousy job of energy efficiency, reaping less than 1% of potential savings.

And recently, the national media – including pro- business outlets like Forbes – have begun to realize that energy conservation and distributed renewable power pose an “existential threat” to the energy industry’s business model, see:

So, there are good reasons for deep skepticism of the continuing spin by the power guys – they know that their days are numbered and they’re desperate.

Somehow, that message and skepticism have not yet sunk in in NJ.

Last, I got a kick out of this PJM explanation for the emergency:

“Extreme heat in the western region of PJM resulted in record demand for September at a time when many power plants and some transmission lines were off for seasonal maintenance,’’ said Terry Boston, PJM’s CEO. “Our only option to prevent a potential equipment overload and failure that would cause a much bigger interruption was to call for emergency relief in the form of controlled outages.’’

The heat wave was forecast – PJM and utilities had advanced warning and time to prepare.

Additionally, PJM planners must know that climate change has altered the seasons  – we are experiencing earlier springs and later summers – and has significantly increased the probability of heat waves and “extreme heat” 90+ degree days.

So an early September heat wave is the so called “new normal”. (I hate that phrase).

All that apparently was ignored by PJM – which should be a scandal.

Taking base load or peak plants and power lines off line in early September for maintenance is the utility equivalent of the NJ Transit storing railcars in a flood plain as Sandy approached.

This PJM emergency is another example of the effects of climate change, the need to reduce emissions, and to begin serious adaptation planning to manage the impacts of climate change we already are experiencing.

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Reply to Gov. Christie, Lonegan and AFP on RGGI Lies

September 11th, 2013 No comments

Simple Facts Show That Lonegan, AFP & Christie Are Lying Again

This one is so easy, it doesn’t even require words (and I do not support RGGI).

But much harder, are the questions of whether facts even matter in our corrupt political debates and superficial media coverage, and whether reporters, the Buono campaign, and enviro’s can get on the same factual page.

Gov. Christie and NJ Senate Candidate Steven Lonegan and his corporate Koch Brothers puppet-master Americans For Prosperity (AFP) are attacking Senator Buono and echoing prior Lonegan and Governor Christie claims that the northeast States’ Regional Greenhouse Gas Initiative (RGGI) was a significant tax on energy that drove NJ’s high energy prices.

Bergen Record:

A Christie campaign spokesman, Kevin Roberts, said in response that RGGI was “demonstrably ineffective.” The governor has said that it does not alter the behavior of energy producers but rather raises electric rates for New Jersey residents and businesses.

“It amounted to a tax on businesses so it’s not a surprise that Buono supports it,” Roberts said.

Facts on the breakdown of energy costs, from the NJ Energy Master Plan – note that the RGGI charge is so small it is invisible on these charts:

 

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EPA Moves to Fire 9/11 Whisteblower – Again!

September 11th, 2013 No comments

The Obama Administration’s unprecedented war on whistleblowers – and the hypocrisy of that war – have gotten significant mainstream press play, and is a well recognized story at civil liberties and progressive blog sites and publications.

Those whistelblowers were all related to national security.

In contrast, there has been little coverage of other cases, like environmental whistleblowers.

So today – on the 12th anniversary of 9/11 – we bring you news from our friends in the PEER DC HQ – an egregious, truly remarkable case on the merits, made politically interesting by its involvement in EPA Administrator Lisa Jackson'”Richard Windsor” private e-mail scandal, and made far worse by EPA’s renewed attack – read it here:

 

EPA MOVES TO FIRE 9/11 WHISTLEBLOWER – AGAIN

Scientist Who Disclosed First Responder Risks Faces Removal after Restoration

Posted on Sep 11, 2013  | Tags: EPA

Washington, DC — The U.S. Environmental Protection Agency scientist who raised the alarm about dangers to First Responders and residents at the World Trade Center conflagration has received a proposed removal more than a year after a federal civil service court ordered her returned to work, according to Public Employees for Environmental Responsibility (PEER). EPA re-filed the same charges from 2010 which had been thrown out for violations of her constitutional due process rights.

Dr. Cate Jenkins, a senior chemist with more than three decades of agency tenure, publicly charged that due to falsified EPA standards, First Responders waded into dust so corrosive that it caused chemical burns deep within their respiratory systems. After raising the issue to the EPA Inspector General, Congress and the FBI, Dr. Jenkins was isolated, harassed and ultimately removed from her position on December 30, 2010 by EPA, based upon an un-witnessed and contested claim that the soft-spoken, petite childhood polio survivor threatened her 6-foot male supervisor.

In a ruling dated May 4, 2012, the Merit Systems Protection Board (MSPB) unanimously vacated Dr. Jenkins’ termination and ordered that she be fully restored and given back pay with interest. Rather than return her to work, however, EPA kept her on paid administrative leave for over a year before re-filing the charges against her on August 27, 2013. However, the MSPB had ruled that EPA could not re-file the charges if Dr. Jenkins established that they were retaliation for her whistleblowing, and that she must be given the opportunity to do so.

“These charges against Dr. Jenkins never made any sense but what makes even less sense is the EPA decision to re-bring them even before a decision has been made on her still-pending retaliation claims and in direct contradiction to the language of the MSB order,” stated PEER Senior Counsel Paula Dinerstein, who, along with PEER Counsel Kathryn Douglass and private attorney Mick Harrison, represents Dr. Jenkins, and is seeking to have the new charges quashed. “EPA’s decision once again to attempt to fire Dr. Jenkins is further suspect given the historic context of EPA Region 2’s (New York) explicit attempt to gag Dr. Jenkins and the political editing by the White House to delete warning language from an EPA press release after 9/11,” said Mick Harrison.

EPA repeatedly failed to provide Dr. Jenkins’ legal team with required discovery on a number of issues, especially the apparent high-level collusion to remove her. For example, one agency document recently produced was from then-Administrator Lisa Jackson sending a news clip about the MSPB reversal of Dr. Jenkins’ firing from her personal email account to her now-famous Richard Windsor pseudonym account and then forwarded to her top deputy with this cryptic message : “Have you been briefed on this by Craig?”

“The evidence we have assembled shows a high-level involvement in instigating and pursuing these dubious allegations,” Dinerstein added, noting that starting in October 2001, Dr. Jenkins also revealed EPA and NYC’s falsifications of asbestos levels and standards. Earlier, starting in 1990, Dr. Jenkins disclosed the manipulation of studies on workers exposed to dioxin, contained in Agent Orange, which had been used to deny Vietnam veterans health benefits. “Dr. Jenkins’ actions following 9/11 took courage and deserve our gratitude.”

Meanwhile, EPA has not corrected the mistakes it made on 9/11. In 2011, PEER on Dr. Jenkins’ behalf filed a formal rule-making petition demanding that EPA dramatically tighten its corrosivity standard so that responders would be alerted to use personal protection equipment to prevent lung and respiratory tract damage. The petition would bring the U.S. into line with standards in force in the European Union, Canada and adopted by the United Nations since at least1970. EPA has yet to respond.

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Read the PEER protest to the new proposed removal

View legal victory that restored Dr. Jenkins

View legal victory that restored Dr. Jenkins after her Monsanto Agent Orange dioxin study disclosures

Scan the Lisa Jackson “Richard Windsor” email

Read an interview of Dr. Jenkins in the scientific journal Nature

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Bull’s Island Update

September 11th, 2013 No comments

Stately Sycamores Still Standing

Dirty Dredge: DeJa Vu

Sycamore on Bulls Island (9/6/13)

[Important Update below]

I don’t get up there much since I moved to Bordentown, but I was in the area on Friday afternoon so stopped by Bull’s Island to see what was going on and provide readers an update.

First, the good news.

I’m pleased to report that the stately sycamores are all still standing – but no thanks to DEP, who still has not officially abandoned the insane clearcut plan (see DEP “park advisory”, which has not been updated for many months)

The bad news is that it looks like the NJ Water Supply Authority has resumed their canal dredging operation. The canal dredge is necessary to keep the canal flowing, but it must be done very carefully, given the environmenal sensitivity.

Unfortunately, they seem to have failed to learn lessons from the previous fiasco, which triggered a US ACE stop work order, and Hunterdon County and DEP land use enforcement response.

They are treating the northern tip of the Island – and extremely environmentally sensitive site prone to flooding – like a typical construction zone.

There was no silt fence in some places; in many places, the silt fence was down or buried by dredged material; dredge material and debris (tires) were stockpiled on the banks of the river and canal prone to erosion and washout; large gullies were eroding right into the Delaware River.

Below is my letter to DEP D&R Canal State Park Supervisor (with copies to D&R Canal Commission and DEP land use enforcement), asking some questions.

We’ll keep you posted on DEP replies – and in the meantime would appreciate any info folks have about what is going on there.

I stopped by Bulls Island Friday afternoon and saw NJWSA dredge operation underway. Per photos below (I have lots more), I have a few questions:
1) did USACE issue final permits for this work?
2) did Hunterdon County issue soil erosion/sediment control permits?
3) did DEP issue stream encroachment and wetlands permits?
4) Did D&R Canal Commission issue approvals?
5) I assume silt fence on upland side of canal is designed to prevent critters from entering the work zone. Is that right? If so, please be advised that several 30 foot or more sections of the fence were down.
6) Why is there no silt fence between the path and the canal? As you can see, there is direct sediment runoff into the canal already, and it looks like work just started.
7) The work at the tip was sloppy and I doubt in compliance with permits:
a) no silt fence to protect canal or river in some places;
b) silt fence buried by piles of soil and dredged material
c) dredge debris stockpiled about 30 feet from river where high water would wash it out;
d) dredged sediment stockpiled about 30 feet from river and canal – both a wash out and a runoff problem (due to buried silt fence)
e) large gullies provide direct path for runoff down into river.
Please advise – I am thinking about referring this to USACE enforcement again.

silt fence on upland side of D&R canal

 

gullies discharge runoff into Delaware River

piles of soil, dredge sediments, & dredge debris stored on banks of Delaware River and D&R Canal

[Update: 9/26/13 – here’s an update to the update.

On Monday (9/23) I stopped by the Island on my way to EPA meeting in Milford on Curtis Papers Superfund site.

I was pleased to note that most of the problems I observed had been fixed, so Tuesday morning, I sent a note of thanks to DEP officials, but complained that they still hadn’t responded to my original questions (DEP previously had sent this Q’s to the NJ Water Supply Authority for response.)

My followup note of thanks prompted a reply from NJ WSA yesterday that I thanked them for. Here it is:

The Authority did obtain the USACE permit for this work.

The Authority did obtain a permit from the Hnterdon (sic) County SCS for this work.

Stream encroachment is now Flood Hazard Area, and yes the Authority has a Flood Hazard Area permit for the work in the Delaware River (not the Canal).  The Canal is exempt from Flood Hazard regulations as a permit by rule.  For Freshwater Wetlands, the Authority did obtain a Freshwater Wetland Permit permit for this work.

The Authority entered into an agreement with the Canal Commission on June 17, 2986 that covers the work in progress.  No specific approval for this work is necessary,

The silt fence on the upland side is, in fact, there to prevent the wood turtles from entering the site.

 In accordance with the permit, no silt fence between the Canal and the work is required since it would have prohibited work with the long reach excavator.

As with all construction work in progress, there are temporary impacts.  These impacts are being minimized in accordance with the permits and the site will be restored when the activity is complete.

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