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Spotlight Gets Suspected Cancer Cluster Story At Colonia High School Wrong (Again!)

April 15th, 2022 No comments

Colonia High School Is Literally Immersed In A Sea Of Known Carcinogens

Spotlight Again Downplays Scope Of The Problem And Lack of DEP Regulation

Corporate Polluters And DEP Get A Pass

Screen Shot 2022-04-04 at 7.46.36 AM

When the alleged Colonia High School cancer cluster story broke, I ridiculed the quality of the NJ Spotlight TV coverage and by inference the work of the “Facebook Epidemiologist”, see:

Today NJ Spotlight print did a followup story, see:

Ironically, my sense is that the journalistic intent of that story was to bring some science and expertise to the story and thus try put the Genie back in the bottle, after the TV coverage opened Pandora’s box.

In that sense, Spotlight is doing almost exactly what they did in opening Pandora’s box with the PFAS “forever chemicals” in drinking water story.

After opening Pandora’s box, they tried to walk it back and put out the fire. But that PFAS coverage downplayed the health risks, ignored DEP’s lack of enforcement and the entire issue of “unregulated chemicals”, and dramatically reduced the scope of a Statewide story to just one drinking water system in Middlesex County.

So, once again, let me correct their biggest errors.

1. According to DEP’s own data, the Colonia High School is immersed 24/7 in a literal sea of known carcinogens. At least 14 are regulated by DEP, but there are hundreds of other toxic chemicals in the air and drinking water that are not regulated that HS students and the community are exposed to, 24/7.

Millions of NJ residents are exposed to ambient air that exceeds NJ DEP’s cancer risk benchmarks. DEP has mapped these risks from at least 14 regulated “hazardous air pollutants”.

Corporate polluters don’t want you to know this and NJ Spotlight and DEP don’t tell you this.

2. The Tom River childhood cancer cluster was caused by an unregulated air pollutant emitted by corporate polluter Ceiba-Geigy.

There are hundreds of unregulated chemicals and major chemical pollution emitted to air and water by NJ corporate polluters.

Corporate polluters don’t want you to know this and NJ Spotlight and DEP don’t tell you this.

And, it goes without saying, of course, Facebook is not a valid epidemiological method. Spotlight should have made that point more clearly.

(I’m sure reporter Jon Hurdle never heard of the Toms River cancer cluster and that I brought it to his or his editor’s or sources attention.)

(similarly, NJ Spotlight’s Rutgers “expert” source is conducting sham research on PFAS in Paulsboro, NJ. That work ignores the cumulative risks of multiple exposure to hundreds of chemicals emitted by local corporate polluters. So, of course he will divert from DEP’s science on those issues, the excessive exposure all people of NJ face to known carcinogens, and the lack of effective monitoring and regulation by DEP. And so will Jon Hurdle, who reports almost exclusively on PFAS.)

See below email to Spotlight reporter Jon Hurdle and his editor John McApin. I also copied DEP Commissioner LaTourette and Senate Environment Committee Chair Bob Smith.

Jon – there are two serious fact errors in your story today on the alleged cancer cluster at Colonia HS:

1. This quote is false:

“But to date we don’t have any environmental factors that are known to cause brain tumors.”

There are several known local environmental factors that are known to cause cancer, including brain cancer.

The DEP published maps of 14 air pollutants that are known carcinogens and ambient air exceed cancer risk benchmarks, see:

(here’s the cancer risk map for benzene  – DEP is minimizing these risks by presenting them as single chemicals – directly in conflict with the legislative mandate in the “environmental justice” law which directed DEP to consider “cumulative impacts”).

MAPS SHOWING THE DISTRIBUTION OF THE 2014 AIR TOXICS OF CONCERN IN NEW JERSEY

To see a state map showing the spatial variation in modeled air concentrations (at the census-tract level) for one of the fourteen chemicals of concern, click on the chemical name:

Additionally, the school is located very close to the Garden State Parkway and a gas station. Among many carcinogens, just one pollutant emitted by the gas station and cars is benzene, which is classified as a “known human carcinogen” by EPA and other federal health agencies, see ATSDR:

https://www.atsdr.cdc.gov/toxprofiles/tp3-c2.pdf

2. The statement is false by omission:

“Very few achieve the label, but one of them is Toms River, where the rate of childhood cancers surged in the 1990s after the town’s drinking water was contaminated with toxic chemicals from two waste dumps.”

It is accurate to state that the concern began over contaminated drinking water and toxic chemicals from two waste dumps.

But the Toms River cancer cluster study found that cancer in girls was caused by an unregulated air pollutant. Here is the NJ DOH study: (see #2)

“The study found that prenatal exposure to two environmental factors in the past were associated with increased risk of leukemia in female children. These exposures were: 1) access to drinking water from the Parkway well field after the time that the well field was most likely to be contaminated, and 2) air pollutant emissions from the Ciba-Geigy chemical manufacturing plant.”

https://www.state.nj.us/health/ceohs/environmental-occupational/hazardous-waste-sites/ocean/dovertwp.shtml

Omission of the Toms River air contaminant and the fact that it was unregulated is even more false and misleading given the facts I present in point #1.

(and think of the 500 unregulated chemical contaminants that DEP knows are present in NJ drinking water!)

Please correct your errors ASAP. The school is literally immersed in a sea of carcinogens.

3. FYI, back on April 5, I ridiculed the Spotlight TV coverage, see:

Chasing Toxic Unicorns In Woodbridge, New Jersey

http://www.wolfenotes.com/2022/04/chasing-toxic-unicorns-in-woodbridge-new-jersey/

Wolfe

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NJ Senate Earth Day Hearing Agenda Will Focus On Climate “Adaptation”

April 14th, 2022 No comments

Climate Policy Must Shift From Costly Incentives & Corporate Subsidies To Mandates

All Carrots And No Sticks Can Not Work

Corporate Funded Magical Thinking At Princeton Would Stoke More Gas & PSE&G Profits

Yesterday, the NJ Senate Environment Committee announced its annual Earth Day Legislative hearing agenda.

The good news is that it’s better than last year’s debacle designed to promote logging of NJ forests, see:

But the bad news is that, although it addresses the (undeclared in NJ by Gov. Murphy) climate emergency, the agenda seems narrowly limited to “climate adaptation”, ignores the need for deep and rapid reductions in greenhouse gas emissions and is limited to “invited guests”.

The Committee will meet to hear testimony from invited guests on strategies that the State and industries could implement in order to adapt to and mitigate the effects of climate change.

Curiously, Chairman Smith has yet to post his own GHG emissions reduction bill, co-sponsored by Senator Greenstein, S1602, which Authorizes regulation of greenhouse gas emissions under “Air Pollution Control Act (1954)” and “Global Warming Response Act. (for analysis of that, see:

What is Smith waiting for?

As you will recall, back on February 10, the Committee took testimony on the climate emergency from just 2 “invited guests”: DEP Commissioner LaTourette and BPU President Joe Fiordaliso.  I called that stunt out, with this post:

NJ BPU President Fiordaliso and DEP Commissioner LaTourette were the only “invited guests” to testify. No scientists. No climate or energy experts. No climate activists or environmentalists. Pure political theater.

The hearing was actually worse than I expected, in terms of being a political show and opportunity for the Murphy administration to respond to critics. This was not legislative oversight, this was legislative press event.

At the close of that hearing, realizing that the DEP & BPU testimony lacked substance and was vague Kabuki, Chairman Smith stated that he was inviting climate scientists to testify at a followup hearing.

When will the public and climate activists be “invited” to testify?

Upon learning of the April 21 hearing yesterday, I immediately sent Chairman Smith an email (mistakenly) questioning the narrow focus on adaptation and recommending that he expand the agenda to include emissions reductions.

This morning, I  was researching and preparing to write a post blasting Chairman Smith for failure to conduct that hearing on emissions reductions.

But I am embarrassed now to admit that I somehow missed that Senate followup hearing email notice because I was on the road and off line at the time.

This morning, I just now learned that the followup hearing was held on March 14, 2022. The topic of that hearing was:

The committee will meet to hear testimony from invited guests on what actions the State should take to achieve net-zero greenhouse gas emissions by 2050, and the cost of those actions to ratepayers.

(listen here – I am unable to open the audio player).

Here is a transcript of the hearing.

I)  Corporate Funded Magical Thinking At Princeton

The Senate’s scientists and “invited guests” were limited to one Princeton assistant professor of engineering, who presented a technocratic and economic modeling exercise, designed to optimize the “least cost” scenario. The study is titled:

Once again, the focus on “costs” ignores benefits, as well as other non-energy consumer “costs” people pay. Logically, costs are only relevant in relationship to benefits. Investments are not “costs”. Public goods are not consumer commodities or allocated by market forces. Market prices do not consider “external costs” (social, environmental, or public health) or reflect the true price of energy. And not all relevant policy considerations are assigned a market price or are amenable to “modeling”.

I’ll obviously need to review that Princeton study in detail and will write about it in a future post. But I found this Princeton testimony about the study interesting:

Excluded in our totals are distribution network costs, retailing and hedging costs, and other policy charges that might be included in retail bills as well.

Also excluded, implicitly and without explicit disclosure, are corporate profits (e.g. explicit rate of return on investment).

I also found this interesting:

Second, though we find the lowest cost strategy, to reach 100 percent carbon-free electricity entails a significant increase in New Jersey’s dependence on imported electricity. Imports of wind, solar, and other carbon-free resources from out of state are generally more affordable than available in-state resources, and so make up about two-thirds of New Jersey’s electricity supply by 2050 in our least-cost strategy.

PSE&G makes its highest profits on transmission – like imports of electricity.

According to NJ Spotlight – who also is funded by PSE&G – the Princeton modeling Report was funded by PSE&G.

But PSE&G not only funded it, but had a role in pre-publication reviewing and drafting:

Funding: This project was supported by a grant from Public Service Enterprise Group (PSEG).

Acknowledgements: The authors wish to acknowledge members of the PSEG energy team for thoughtful comments and inputs on earlier drafts of this report.

This finding is probably the most controversial finding and quite revealing of the real agenda:

If we take a look at some of the key technology options that New Jersey faces, our study finds the following: The least-cost pathway to 100 percent carbon-free electricity supply for New Jersey entails a substantial expansion of utility-scale solar resources; new gas-fired generating capacity, mostly efficient combined cycle power plants; and conversion of all of these gas plants to run on zero-carbon fuels by 2050. That could include some combination of hydrogen, biomethane or biogas, or synthetic methane produced from carbon-free or carbon neutral sources;

Again, it just so happens that PSE&G makes large profits in “utility scale solar” (as opposed to rooftop solar). “Utility scale” industrial solar is destroying what’s left of NJ’s farms and forests.

[Update: 4/20/22 – According to a NJ Spotlight story today, PSE&G has divested from solar. I stand corrected. Apologies for error.]

“New gas fired generating capacity” means even more fracking, pipelines, compressor stations, and power plants, which directly contradict GHG emissions reductions goals and climate activists’ demands for a moratorium on new fossil infrastructure.

Here’s another revealing pro-gas finding –

We looked closely at the role of New Jersey’s existing nuclear plants, and concluded that preserving New Jersey’s nuclear generators can reduce dependence on imports, and avoid an increase in fossil gas generation — and associated CO2 emissions and air pollution — that might otherwise occur in the 2030s when those nuclear plants retire and are replaced, in part, by natural gas generation.

Relatedly, PSE&G received huge $300 million/year nuclear plant subsidies – the Report recommends more of that, again to the benefit of PSE&G:

Supporting continued operation of New Jersey reactors after 2030 is consistently among the lowest cost options for in-state carbon-free generation. But we stress it would require ongoing policy support after 2030, when the current Zero-Emissions Certificates Program ends.

And this is another pro-corporate profit – pro-PSE&G recommendation:

We find that utility-scale solar is considerably lower cost than the distributed resources that have typically been supported by State policy. Expanding large utility-scale solar projects is part of the least-cost portfolio in all of our scenarios.

The Princeton Report even goes out of its way to slam rooftop solar:

I wanted to note that this study is limited in scope to modeling the wholesale electricity system at the transmission level, so distributed solar systems can result in additional costs and/or savings at the distribution level, depending on the pattern and scale of deployment, and these impacts are not assessed but are important to consider when we look at distributed solar.

And this finding exposes some of the myths of renewable power. Some Murphy “green” cheerleaders have claimed that off shore wind displaces carbon power. That is not true – just the opposite is the case, where renewables serve huge growth in electricity demand and even fossil power increases:

We also find that electricity demand could grow significantly, with total sales increasing by 70 percent, and peak demand increasing by 85 percent, as electrification of vehicles and buildings proceeds, consistent with New Jersey’s economy-wide climate goals. […]

Gas-fired capacity, or the ability to produce power when needed, is needed to meet growing demand from electrification as we turn more to electric vehicles and heat pumps.

For a solid analysis of how renewables serve new demand growth, see:

And here is the fatally flawed assumptions – magical thinking – the whole analysis relies upon: a zero carbon fuel does that not exist and a carbon removal technology that is not feasible or even commercially available:

By 2050, these resources would all have to be converted to run on some zero-carbon fuel; or, if we pursue a carbon neutrality approach, any residual emissions would have to be offset by carbon removal technologies by 2050, when 100 percent carbon neutral electricity is required.

Of course, there’s more PSE&G profits buried in the findings:

Finally, New Jersey will need to expand our transmission capacity to increase deliverability between coastal and inland areas in the near term, in order to integrate the offshore wind that we’re planning to deploy on the coast; as well as to significantly strengthen ties to neighboring regions, states in PJM, and New York in the longer term, in order to enable greater imports.

But I guess I missed the boat big time on that Report and hearing and must apologize to Smith for implying that he crafted an arbitrarily narrow “adaptation” agenda.

II)  ADAPTATION

But while we’re on the adaption issue, I’ve recently posted these warnings:

Here is my email to Smith, with adaptation recommendations.

Most importantly, I recommend that State policymakers dramatically shift the current approach from market based inventive and subsidies (carrots) to legislative and regulatory mandates (sticks):

Greetings – please accept the below as testimony to enter into the record for the subject hearing:

1. The focus of the hearing on adaptation must be expanded to include emissions reduction strategies and regulations. Such a focus is timely, in light of the DEP’s proposed flawed CO2 emissions reduction rule and upcoming climate PACT rules.

2. The way to accomplish that expanded focus is to post Chairman Smith’s bill, co-sponsored by Senator Greenstein, S1602, which Authorizes regulation of greenhouse gas emissions under “Air Pollution Control Act (1954)” and “Global Warming Response Act.

https://www.njleg.state.nj.us/Bills/2022/S2000/1602_I1.PDF

3. With respect to the adaptation issue,I submit a recent petition for ruelmaking I filed with DEP, The Pinelands Commission, and Highlands Council with respect to land use and development controls to reduce wildfire risks. That petition is based on testimony during the Committee’s February 10, 2022 hearing, see

https://www.nj.gov/njhighlands/act/rules/petitions/rule_petition_20220309.pdf

4. I strongly urge the Committee to reject any recommendations that relate to “active forest management” – other than carbon sequestration, afforestation, reforestation, and urban forestry, which I strongly support – as an adaptation strategy.

5. I urge the Committee to support specific legislative mandates to require electric conversion of new and existing buildings.

6. I urge the Committee to reconsider the current market based and incentive/subsidy approach to both climate adaptation and emissions mitigation (reduction). Instead of these voluntary and expensive strategies (carrots), I urge adoption of mandates and regulatory enforcement (stick). 

7. I urge the Committee to consider legislation to adopt a policy of “strategic retreat”, which would include:

a) adoption of the 500 year storm interval as a surrogate for projected climate impacts and repeal of the current 100 year storm in current law and regulation;

b) prohibitions and new more stringent restrictions on existing and new development on lands projected to be inundated, subject to storm surge and/or sea level rise, or flooding, based on the 500 year storm event;

c) repeal of current laws that allow rebuilding of storm or flood damaged properties (e.g. in the Flood Hazard Control Act and CAFRA).

The above recommendations ar based on the best available current science and are necessary. They would be a serious beginning and strong first step to address the accelerating climate emergency.

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NJ Climate Activists Are Being Misled On How To Kill Proposed New Fossil Projects

April 13th, 2022 No comments

DEP Lacks Authority To Deny Permits For Major Sources Of Greenhouse Gas Emissions

NJ Needs New Legislation To Enforce GHG Reduction Goals (like NY State law)

Existing Sources Must Deeply Reduce Emissions To Achieve Science Based Goals

DEP lacks authority to deny permits for the new GHG sources you are fighting. Your leaders are misleading you and your activist efforts are being wasted. …

For 15 years, NJ politicians, government officials, media, academics, and climate activists have misled the public about this fundamental flaw in NJ’ climate law.

This must end.

After what seems like a long hibernation – or perhaps as an attempt to pre-empt the Murphy DEP’s upcoming Earth Day Propaganda Blitz – NJ Spotlight reported today that climate activists had released a new Report, see:

The NJ Spotlight story did not include a link to the Report by the Empower NJ coalition and neither did the Empower NJ website, so it is impossible to verify the claims or understand if either the Spotlight coverage or the Report was misfocused.

Specifically, the story is focused exclusively on several proposed major new GHG emission sources. It fails to note that existing sources must deeply reduce current emissions to meet the the Gov.’s and GWRA goals.

It also is focused exclusively on Gov. Murphy (and presumably DEP and/or BPU).

But Dave Pringle and other Empower NJ leaders know that the greenhouse gas emission reduction goals of Gov. Murphy’s Executive Orders and the NJ Global Warming Response Act (GWRA) are aspirational and that DEP lacks regulatory authority to deny permits for major GHG emission sources.

I’ve documented that set of issues again recently in this post, see:

(read the bill, S1602 (Smith/Greenstein)

My urgent message and appeal in that post apparently was ignored:

We hope it will spur media coverage and an aggressive campaign of support by climate activists and environmental groups.

Because the GWRA goals are aspirational and not enforceable (by DEP, BPU, DOT, DCA, or any other State agency), new legislation is required.

The Empower NJ Coalition and NJ Spotlight failed to even mention that reality or Senator Smith’s legislation (again, read the bill, S1602 (Smith/Greenstein).

So I posted this comment on Empower NJ’s Facebook page, in hopes of getting someone’s attention (curious, the comment seems to have disappeared already!):

The GHG emission reduction goals of Gov. Murphy’s Executive Orders and the NJ Global Warming Response Act are aspirational and not enforceable. DEP lacks authority to deny permits for the new GHG sources you are fighting. Your leaders are misleading you and your activist efforts are being wasted. In order to fix the problem, Senator Smith (Chairman of the Senate Environment Committee) has introduced legislation to authorize DEP to enforce the goals of the GWRA. That is the solution and DEP could also use that power to deny renewal of permits for EXISTING SOURCES. Reduction in emissions from EXISTING SORUCES will be required to meet the goals. Read about the Smith bill in this post:

Senate Environment Committee Chairman Smith Introduces Legislation To Put Regulatory Teeth In The Global Warming Response Act

For 15 years, NJ politicians, government officials, media, academics, and climate activists have misled the public about this fundamental flaw in NJ’ climate law.

This must end.

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How To Beat The Bureaucrats At Their Own Game

April 12th, 2022 No comments

We Repudiate Pinelands Commission Staff’s Rejection Of Wildfire Petition

In the letter below, we demonstrate exactly how the Pinelands Commission staff’s rejection of my wildfire risk reduction petition as “incomplete” was absolute bureaucratic bullshit which was crafted to evade a public discussion of the issues and avoid having to defend the lax wildfire provisions of the Pinelands Comprehensive Management Plan (CMP).

The regulatory petition mechanism shifts power from the bureaucracy to the citizen. The petition can set priorities, put an issue on the agenda, and force the bureaucracy to respond publicly to science and a policy argument. The petition can force the bureaucracy to defend their regulations. The petition can expose gaps, flaws and weaknesses of regulations and identify problems that need attention that the bureaucracy is ignoring. The petition forces the bureaucracy to be transparent in decision-making because the agency must provide a detailed written science and fact based response to the petition, which may be challenged politically (e.g. trigger legislative oversight, media scrutiny, or environmental group advocacy) and in a court of law. The petition forces the bureaucracy to do work and be accountable to the public.

So, of course the bureaucrats hate the petition mechanism and try to avoid having to respond to them. This explains why the Pinelands staff found my petition “incomplete”. This is why I had to respond below.

No citizen should be required to conduct this kind of analysis – or be subject to this kind of bureaucratic abuse.

From: Bill WOLFE [….]
Date: 04/12/2022 1:17 PM
Subject: Wildfire Petition – CMP Equivalence Demonstration

Dear Ms. Roth and Grogan:

This letter is in response to your March 24, 2022 letter which determined that my March 9, 2022 petition for rulemaking to amend the CMP was incomplete and not in compliance with CMP regulations. Specifically, you wrote (emphasis mine):

“Review of your petition indicates that it is lacking much of the information required by N.J.A.C. 7:50-7.3(b) and must therefore be deemed incomplete.In order to complete the petition, you will need to submit the information required by N.J.A.C. 7:50-7.3(b)2, 3, 4 and 5.” 

On March 24, 2022, I replied to that letter – twice. My reply argued that the subject CMP regulations were ultra vires, in conflict with the NJ Administrative Procedure Act (APA), contrary to legislative intent of the APA, and applied to my petition in an arbitrary and capricious manner. I urged you to reconsider the “incomplete” determination.

You have not replied to that request. I stand by those arguments.

However, in order to remove the regulatory logjam you have created, this letter seeks to demonstrate that –  arguendo – even if the subject CMP regulations were legally valid and appropriately applied to the petition, that the petition, although not filed in accordance with the regulations or drafted or formatted to demonstrate compliance, is nonetheless substantively equivalent to and therefore is in compliance with the subject CMP regulations.

N.J.A.C. 7:50-7.3(b)2, 3, 4 and 5.

Below, I will restate each subject CMP regulation and respond to demonstrate substantive equivalence:

“2. The precise wording of any proposed amendment of the text of this Plan and a map or plat delineating any proposed change to the Pinelands Land Capability Map;”

Precise wording is provided in the petition, as follows:

“The petitioner requests that the DEP, Pinelands Commission and Highlands Council use the aforementioned legal authorities to amend current DEP regulations, Pinelands CMP and Highlands RMP to:

  • ban new development in mapped “extreme” wildfire hazard areas
  • restrict new development in mapped “very high” and “high” wildfire hazard areas
  • mandate retrofit of state of the art fire prevention practices on existing development in mapped “extreme”; “very high” and “high” wildfire hazard areas
  • prohibit reconstruction of fire damaged properties in mapped “extreme”; “very high” and “high” wildfire hazard areas;
  • monitor, quantify, and publicly Report in NJ’s Clean Air Act SIP all air pollution emissions – including greenhouse gas emissions and fine particulate matter (including very fine particulates less than PM10 and ultra fine <PM2.5) – and impacts of wildfires and prescribed burns.”

The petition cited specific maps and data layers as follows:

“(see Map as Figure 5.12-4 Wildfire Fuel Hazard in New Jersey)”

Accordingly,7:50-7.3(b)2 is satisfied.

3. A statement of the need and justification for the proposed amendment,including the reason(s) why the objectives of the petitioner cannot be accomplished through adherence to the standards of this Plan or compliance with the procedures set forth in N.J.A.C. 7:50-4, Part V;”

A statement of need and justification was very clearly described in the petition:

Need:

“The reasons for this request are

  • to protect people and property from current and projected wildfire risks and impacts;
  • to protect ecosystems, natural resources, air quality, water quality, wildlife, vegetation, and public health from current and projected risks and impacts of wildfire;
  • to mitigate the risks and impacts of climate change; and
  • to reduce the occurrence and damages from wildfire disasters and the disbursements of federal and state taxpayer funded disaster assistance and response programs

Justification:

The scientific and policy basis and rationale were clearly stated in the petition. Primary  source was the most recent version of the NJ State Hazard Mitigation Plan (2019). That plan was based, among other things, on DEP data, science and mapping.

[Update: here are the scientific bases for the petition:

“We incorporate by reference the DEP’s recent climate science report, the most recent DEP SIP, the DEP Commissioner’s February 10, 2022 Senate testimony, as well as the wildfire and related findings of the 2019 NJ Hazard Mitigation Plan, the Pinelands CMP and the Highlands RMP.” ~~~ end update]

“why the objectives of the petitioner cannot be accomplished through adherence to the standards of this Plan”

The reasons why are clearly stated in the petition. The petition incorporates State wildfire data, State wildfire risk assessment, and incorporates the current CMP wildfire provisions by reference.

Accordingly,7:50-7.3(b)3 is satisfied.

4. A statement as to the conformity of any proposed amendment to the goals and objectives of this Plan and the intent of the Pinelands Protection Act and the Federal Act;

The petition did not explicitly include a “statement as to the conformity”.

This alleged “incompleteness” is non-substantive and purely an empty rhetorical formalism.

The petition explicitly cited and asserted the Legislative intent, goals, objectives, and standards of the Pinelands Protection Act and CMP (as well as broader explicit and implicit delegated police powers).

The petition clearly explained why (with text and maps) amendments were justified and cited State wildfire data and wildfire risk assessment from NJ’s current Hazard Mitigation plan as to why the current CMP was not adequately reducing those impacts and risks.

Although not specifically cited to the subject CMP regulations and described as a “conformity” analysis, these provisions of the petition obviously must be interpreted as equivalent to the “conformity” requirements.

Accordingly,7:50-7.3(b)4 is satisfied.

5. If the proposed amendment would change the minimum standards for land use and intensities contained in N.J.A.C. 7:50-5 or the management programs and minimum standards contained in N.J.A.C.7:50-6, an evaluation of the environmental consequences of the proposed change;”

The petition clearly included “an evaluation of the environmental consequences” as follows:

“5.12.6.3 ENVIRONMENTAL IMPACTS

“Wildfire events can have significant positive and negative impacts on the environment. The loss of vegetation, biodiversity and habitat is a concern, especially where threatened and endangered species are located. However, many of the State’s listed threatened and endangered species thrive in the open conditions that had historically resulted from the natural fire regime (NJFFS, 2013).

Exposed soils are vulnerable to wind and water erosion which may impact the quality of downstream water bodies and drinking water supplies. The composition of plant communities, as well as their vegetative and growth characteristics, is affected by fire. For example, many plant species have adapted to fire and are dependent on it for reproduction (NJFFS, 2013).”

Based on the Plan’s own findings, NJ’s land use planning and regulatory framework are seriously flawed and incapable of preventing and reducing wildfire risks and impacts. Accordingly new and more stringent measures must be imposed to prevent and reduce such risks and impacts.”

The petition was based on State government’s own environmental impact assessment. It would be absurd for the Pinelands Commission to require a more rigorous environmental analysis than that conducted by NJ State government in a plan submitted to the federal government for review and approval.

Any more rigorous evaluation of environmental consequences would constitute a mini EIS requirement that is extremely burdensome and far beyond the scope of the Administrative Procedure Act petition standards.

Accordingly,7:50-7.3(b)5 is satisfied.

Conclusion

The foregoing analysis demonstrates that the petition, in its original form, is substantively equivalent to and therefore meets the requirements of the subject CMP regulations.

The foregoing analysis was submitted, arguendo, in accordance with the subject CMP regulations, which I continue to maintain are not legally valid..

Regardless, accordingly, for purposes of your “incomplete” determination, please accept this analysis as an addendum to the original petition in order to satisfy the subject CMP regulations which formed the basis of your “incomplete” determination.

I trust that the petition, as amended herein in arguendo form, is now complete.

I look forward to timely receiving your “completeness” determination, acceptance, public notice, and review of the petition, in accordance with the NJ Administrative Procedure Act.

Bill Wolfe

C: Senators Smith and Greenstein

DEP Commissioner Latourette

Highlands Council Executive Director Plevin

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NJ Highlands Council Accepts Wildfire Risk Petition

April 9th, 2022 No comments

Pinelands Are NJ’s Most Wildfire Vulnerable Region

Yet Pinelands Commission Is Erecting Barriers To Public Discussion Of Risks

Screen Shot 2022-03-09 at 10.06.00 AM

This is a quick update on my prior posts on the wildfire issue (see:

After I called Executive Director Lisa Plevin’s Office on Wednesday to ascertain the status and discuss the petition, on Friday the NJ Highlands Council staff accepted the petition for rulemaking.

The Council’s Public Notice did a good job of summarizing the petition.  It will be published for public comment in the NJ Register on April 18.

The Council did not play games trying to undermine the credibility of the petition like DEP did.

Curiously, the region of the State with both the highest wildfire risks and most intense development pressure – the NJ Pinelands  (see map above) – is where the Pinelands Commission has not accepted the petition and is erecting illegal bureaucratic barriers to it.

Ironically – reflecting these wildfire risks – the Pinelands Comprehensive Management Plan (CMP) is the only regional plan or regulatory framework that addresses wildfire risks in land use regulations.

Why does the Pinelands Commission not want to talk about limiting new development in “extreme wildfire risk” areas and retrofitting existing development to reduce wildfire risks to people and property?

If the Pinelands CMP is a national model for wildfire risks management and regional land use planning, why doesn’t the Pinelands Commission want to publicly defend their CMP regulations on wildfire?

For details on that ongoing controversy, see:

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