Murphy DEP Commissioner LaTourette Twisted Arms At The Pinelands Commission To Gain Approval Of Deeply Flawed Logging Plan
LaTourette Explicitly Threatened A Lawsuit
Overtly Appealed To The Loyalty Of Murphy’s New Political Appointees
Pinelands Commission Had Refused To Approve DEP Logging Plan For 15 Years
Back in February, at a time when Murphy DEP Commissioner LaTourette was testifying to the NJ Senate Environment Committee and grossly exaggerating wildfire risks (see: Murphy DEP Caught Blowing Smoke On Wildfires), he also was conducting a series of press events (stunts) in the Pinelands, again stoking public fear of wildfires (don’tcha just love than manly man monogrammed new shirt!)
At the same time he engaged this PR campaign blitz, behind the scenes, Commissioner LaTourette was twisting arms at the Pinelands Commission to pressure them to approve DEP’s logging plan, under the pretext of wildfire prevention.
Commissioner LaTourette wrote the Commission a letter on February 4, 2022, expressing his frustration with the Commission’s failure to approve DEP’s logging plan for the last 15 years, most recently last December.
In that February 4 letter (copy provided upon request), LaTourette began with an overt and transparently political appeal to Gov. Murphy’s new appointments. He urged them to break with the past and be loyal to the Murphy DEP team. He wrote:
Our senior leadership team at the Department of Environmental Protection (DEP) looks forward to getting acquainted with those new to the Commission, and to meeting with your membership soon to discuss our shared priority of protecting the public’s natural resources and our opportunities to better collaborate in fulfilling this important mission
Get it? Those “new to the Commission” are Gov. Murphy’s political appointees (Matos, incredibly a newbie installed as Chair, and McCurry). This isn’t even a dog whistle – it’s right up there with Nixon like loyalty demands.
This is a totally inappropriate political tactic – which is exactly what the environmental groups and NJ media lambasted Gov. Christie for.
Commissioner LaTourette then explicitly threatened to sue the Pinelands Commission if they failed to approve DEP’s logging plan. He wrote:
Also of concern is that, despite extensive consultation between our professional staffs on these applications, the Commission has offered DEP no pathway for resolving any perceived noncompliance, leaving the applications in limbo, and a legal challenge our only option.
This is a totally inappropriate legal threat. This kind of lawsuit threat might work well in the corporate sector LaTourette is familiar with, but that’s not how government to government cooperation is supposed to work (and the Pinelands is a statutorily independent Commission under NJ law that also implements federal law).
It is a strong armed intimidation mobster tactic – which is exactly what the environmental groups and NJ media lambasted Gov. Christie for.
Christie’s politicization and strong armed tactics were denounced: (Star Ledger editorial)
And then there was his manipulation of the venerable Pinelands Commission, which he politicized in order to jam a 22-mile pipeline through the most pristine piece of real estate in New Jersey, and help with the conversion of a Cape May County power plant from coal to natural gas.
Yet we get crickets on Murphy’s manipulations.
I guess that’s just how former corporate lawyers roll and how they strong arm and secure government approvals for really bad projects like the Gibbstown LNG export project LaTourette served as lead legal Counsel for just days before joining DEP.
LaTourette then insidiously went on to literally threaten the Pinelands Commission with blame, in the event that they failed to approve the DEP plan and a wildfire later resulted in fatalities – it’s be all your fault! He wrote:
Meanwhile, this impasse is not only jeopardizing key conservation actions that will benefit the natural resources of the Pinelands region but is also delaying important wildfire risk management measures that are critical to protecting public safety with wildfire season quickly approaching. The activities proposed in the subject applications would protect against catastrophic wildfire and insect outbreaks
Latourette then goes on to demand immediate approval
DEP hereby requests that the Commission reconsider and immediately issue resolutions approving these applications,….. Especially given the public safety implications of the activities proposed in each application, DEP requests that each be fully and finally resolved by the Commission no later than February 25, 2022.
Immediately! Can you fucking believe that?
That “immediate” demand would not even allow for the legally required public notice comment and public hearing process! Who the hell does he think he is?
This is incredible overt political coercion and destruction of public participation.
LaTourette thenadmits that DEP has failed to secure approval of this plan for 15 years:
The Allen & Oswego Road Fire Mitigation & Habitat Restoration Project (Application # 2007-0318.001, which has been identified as a priority area by DEP Forest Fire Service for fire mitigation activities since at least 2007 when forest stewardship planning activities were initiated.
How could he demand “immediate” approval is none were forthcoming for 15 years?
Equally disturbing, in a shameless attempt at emotional manipulation, LaTourette invoked legitimate sympathy for the deaths of several NJ forest fire fighters. He wrote:
Since the 1930’s nearly a dozen large wildfires impacting and damaging approximately 96,000 acres have occurred within the project area of Bass River State Forest alone, including the fatal wildfires of 1937 and 1977 where five firefighters and four firefighters, respectively, lost their lives.
How low can you go when you exploit a man’s death for political gain?
Finally, LaTourette falsely claims that significant people and property would be put at risk if the Commission failed to approved the DEP plan:
The management of this forest, through the creation of firebreaks and density reduction, is designed to establish a safer area for firefighting operations and an increased opportunity to prevent large wildfires from impacting neighboring towns, private businesses, residences, and the Garden State Parkway. A wildfire affecting any of these assets could significantly and adversely impact public safety, including potential impacts to evacuation activities.
This is a claim that was specifically refuted by Pinelands Commissioner Wallner – a retired *National Park Service wildfire expert – who stated on the public record that he reviewed the maps and saw little to no people and property anywhere near the forest break and logging.
So, it’s no wonder that when I discovered the existence of this letter, and immediately filed an OPRA public records request for it, DEP denied that request and redacted the letter, see:
Note: “This includes the letter the Commissioner sent as well”
I challenged that OPRA denial and recently received a copy of the letter.
After reading it, I can see why they wanted to keep this piece of garbage well swept under the rug.
I’ve written from day one that LaTourette was a dangerous and disgraceful hack.
This letter confirms and validates that, for sure.
So, now that the letter is out there, maybe someone will ask DEP and the Pinelands Commission a few tough questions, like:
- Why did the Pinelands Commission refuse to approved the DEP plan for 15 years?
- Why did they do so now?
- Was LaTourette’s threat of a lawsuit a factor?
- Were Gov. Murphy’s new political appointments, who both voted YES to approve the DEP plan, the deciding factor?
- Did The US Air Force have any role in the decision? See:
*corrected 12/13/22