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LaTourette Represented Essex Chemical In Legal Victory On Natural Resource Damages

Appellate Court Dismissal Of $8 Million DEP NRD Claim Set Harmful Precedent

Prior to joining DEP, Murphy DEP Commissioner LaTourette was a corporate lawyer who represented major corporate polluters and developers (For a list of his corporate legal work, see links to disclosure and recusal documents below).

One of LaTourette’s prior clients was Essex Chemical Corporation. His disclosure and recusal documents fail to include Essex Chemical.

The DEP sued Essex Chemical for natural resource damages for polluting groundwater (public water supply), soils, and surface water with a stew of toxic chemicals. DEP sought $8 million in public compensation for the damage to public water supply (groundwater injury).

The NJ Appellate Division issued an opinion that struck down DEP’s NRD claim.

The Court’s decision set a damaging legal precedent that made it more difficult for DEP to recover NRD damages and public compensation. You can read the case in links below – it’s a revealing and disturbing story.

Curiously, LaTourette failed to disclose this legal representation and recuse from any DEP decisions when he joined DEP in 2018.

Even more curiously, when I exposed his prior corporate legal work, he updated his ethics disclosure and recusal documents in 2021, but he again failed to disclose and recuse from the Essex Chemical work.

Why would LaTourette want to conceal his representation of Essex Chemical in an NRD lawsuit?

Could that be because it would contradict Gov. Murphy’s press release that called LaTourette a white hat “Erin Brokovich” public interest lawyer and the sycophantic praise from his faux green cheerleaders?

Could it be that it would undermine his high profile media spin on several NRD lawsuits filed by the Murphy Attorney General?

Could it be that it would be embarrassing in light of DEP’s most recent controversial BASF NRD settlement in Toms River?

On February 9, I filed the below complaint to the State Ethics Commission to force that disclosure and sanction LaTourette’s violation of State ethics code and standards regarding disclosure and recusal.

This complaint is distinct from my February 8 request that the Ethics Commission investigate the broader issues of revolving door and agency capture abuse and issue an Advisory Opinion on how to prevent and reduce those systemic abuses:

Dear Ethics Commission:

I write to file an ethics complaint for what appears to be a violation of State ethics laws and standards regarding disclosure and recusal of potential conflicts of interest.

I request that the Commission investigate this matter and take appropriate enforcement action. This request is related to but independent of my prior request for an Advisory Opinion.

Specifically:

1. Shawn LaTourette is currently the Commissioner of the Department of Environmental Protection (DEP);

2. Prior to joining DEP, LaTourette worked in a private law firm and represented numerous private corporations that are subject to DEP’s regulatory jurisdiction and appear before DEP for regulatory approvals;

3. Prior to joining DEP, among those private corporations, LaTourette represented Essex Chemical Corporation in a lawsuit with DEP, see:

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. ESSEX CHEMICAL CORPORATION

4. Essex Chemical Corporation is currently subject to regulation by and appears before the DEP;

5. LaTourette’s original disclosure and recusal memo (dated 9/25/18) failed to mention his work for Essex Chemical Corporation. (see Attachment A recusal memo (dated 9/25/18)

6. LaTourette followup expanded recusal memo (dated 1/25/21) also failed to mention his work for Essex Chemical Corporation. (see Attachment A recusal memo (dated 1/25/21)

7. LaTourette’s legal work for Essex Chemical Corporation clearly would present a conflict of interest in his current capacity as DEP Commissioner that must be disclosed and subject to recusal – just like the corporate entities listed in his two prior recusal memo’s.

8. LaTourette failed to disclose and recuse from the Essex Chemical Corporation.

9. Failure to disclose and recuse potential conflicts related to Essex Chemical Corporation constitute a violation of the State ethics laws and standards.

I am available to provide information to support the above, at your request. Hit the links provided above for access to LaTourette’s prior recusals.

I appreciate your timely and favorable consideration.

Bill Wolfe