WolfeNotes.com

Booker Tweet Hides Nuclear Shilling Behind Historic Postcard

Booker uses Camden & Newark kids to promote subsidies to nuclear industry

Down and Out in Salem, NJ

Senator Corey Booker has cultivated an image as some kind of social media rock star through his incessant, vacuous, and self promotional twitter account.

But this is a tweet too far, one that he’s sure to regret:

Although you wouldn’t know it from looking at that historical postcard tweet, yesterday, Booker tag teamed with NJ Senate President Steve Sweeney – hot off his attack on NJ’s teachers and public worker unions disgusted by Sweeney’s betrayal on pensions – on a pro-nuclear propaganda tour of PSEG’s Salem County nuke plants.

Contrary to Booker’s tweet depicting the Salem County Historical Society, the Senators saw THIS:

Hiding nuclear shilling behind historical society postcards is shameful. But that’s not all.

While Booker and Sweeney want to give nuclear corporations billions of taxpayer dollars, they don’t have a dime or the time of day to even visit – and Booker’s tweet doesn’t show – Salem City, a down and out severely distressed place, that looks like THIS:

Giving nuclear corporations billions of taxpayer dollars while neglecting impoverished people who live in places like Salem City is one set of warped priorities!

Now back to the nuke tour

The timing of yesterday’s tour is highly revealing.

Just weeks ago, California regulators got national attention for their decision to phase out nuclear power in favor of renewable energy from solar and wind.

Days after that decision, PSEG began a media propaganda campaign to preempt and reframe that story from phase out of nuclear to new nuke subsidies, see: New Jersey’s Nuclear Imperative.

And just last week, New York State approved billions in nuclear subsidies, a horrible policy PSEG is trying to build support for and export to NJ: [read entire Counterpunch story]

The New York State Public Service Commission—in the face of strong opposition—this week approved a $7.6 billion bailout of aging nuclear power plants in upstate New York which their owners have said are uneconomic to run without government support.

New York Governor Andrew Cuomo—who appoints the members of the PSC—has called for the continued operation of the nuclear plants in order to, he says, save jobs at them. The bail-out would be part of a “Clean Energy Standard” advanced by Cuomo. Under it, 50 percent of electricity used in New York by 2030 would come from “clean and renewable energy sources”—with nuclear power considered clean and renewable.

Continuing that propaganda assault, PSEG is desperate to avoid that negative NY story getting out and is engaging in even more propaganda to reframe this issue – which is a critical perspective you would not get from reading today’s NJ Spotlight coverage, which is basically a “movie along, nothing to see here”.

I got a belly laugh out of this line from the Spotlight story – as if a personal tour of a nuke plant by a US Senator and State Senate President is not “getting policy makers’ attention”:

It is an issue Public Service Enterprise Group, the owner of three nuclear plants in south Jersey, is trying to raise, but it faces a bigger hurdle in getting policy makers’ attention.

So yesterday’s tour with NJ Senate President Sweeney was not just a one off gesture. It is part of a nuclear revival campaign Senator Booker is the carnival Barker for.

I suspect that not many New Jerseyans are aware of the extent of Booker’s nuclear shilling.

Booker has sponsored Legislation to Update Nuclear Licensing Frameworks to promote expansion of nuclear power.

He’s sponsored amendments to energy law to “increase collaboration among private industry, universities, and national laboratories to facilitate the development of advanced nuclear technologies.”, which is code for more public subsidies and privatization.

Booker said: (to Politico)

“Our economy and our federal policy do not fully recognize the true value of nuclear power as we have it now ..

Take a look at the video of this recent deranged Booker rant – delivered with religious fervor to the nuclear industry insiders in Washington DC. The nuclear industry hacks called it an “inspirational talk” and claim that Booker views nukes as “renewable energy” (see video and transcript):

There is no depth to which Booker won’t go to justify his nuclear shilling.

I found the promotion of nukes on the back of poor black kids from Camden and Newark a disgrace:

For me, this is about the kids in my city. For me, this is about kids in Camden and Patterson who are suffering not just because we have a polluted atmosphere, but it’s also about creating an America for them that is bold and courageous again. Our effort here will help with job creation, spurring our economy. It will grow it in significant ways.

Does Booker seriously think ANY kid from Camden or Newark is going to benefit from nuke subsidies and gain employment in the nuclear industry?

Is he out of his mind? Or just one deeply cynical bastard who will say anything?

Booker even appealed to God, mimicking right wing talking points about government regulations that protect us, to “remove bureaucratic barriers”:

And so today, we need to figure out greater ways to drive investment, to remove, dear god, the bureaucratic barriers. 

There is no daylight between Booker’s attack on government regulation and that of Chris Christie or, for that matter, Newt Gingrich’s 1994 Contract On America.

Now for some old news

The current talk of reviving nukes is absurd, especially considering that just a few years ago, the industry was on its death bed:

Final Nail in Nukes Coffin?

In a devastating story, the New York Times Business page lands what could be a knockout blow to the nuclear industry’s attempt to revive nuclear power. Nuke industry PR has argued that new “safe” and “cost effective” engineering designs have solved the safety and economic issues, while the global warming crisis warrants a huge expansion. But the Times story destroys those myths, on purely economic grounds:

In Finland, Nuclear Renaissance Runs Into Trouble
By JAMES KANTER
Published: May 28, 2009
OLKILUOTO, Finland — As the Obama administration tries to steer America toward cleaner sources of energy, it would do well to consider the cautionary tale of this new-generation nuclear reactor site.
The massive power plant under construction on muddy terrain on this Finnish island was supposed to be the showpiece of a nuclear renaissance. The most powerful reactor ever built, its modular design was supposed to make it faster and cheaper to build. And it was supposed to be safer, too.
But things have not gone as planned.”
http://www.nytimes.com/2009/05/29/business/energy-environment/29nuke.html?em

So much for the “sanctity” of  New Jersey’s “purest waters”:

We as a legislature have consistently supported the sanctity of buffers for our C1 streams. These are the purest waters we have in the State of NJ.   ~~~ Bob Smith, Senate Environmental Committee Chairman (6/16/16 – vote to pass SCR 66).

Despite strong public commitments by Senate Environment Committee Chair Bob Smith and Senator Ray Lesniak to veto the Christie DEP rule at a Statehouse rally with environmentalists in June, Senate President Sweeney cut another political deal with the Christie administration to avoid a Legislative veto of Governor Christie’s DEP’s rules that rolled back protections and allow more development closer to NJ’s “exceptional value” “Category One” (C1) streams.

This most recent dirty deal is a huge sellout and will lead to more development along high quality streams and rivers, leading to more water pollution, more flooding, and more loss of some of the most ecologically valuable habitat. Period.

Even the Star Ledger Editorial Board – twice – urged Sweeney to veto the rules, see:

Will Sweeney protect our clean water from Christie’s bulldozers?

Sweeney’s rationale for the delay is that he’s trying to find a middle ground. He says he plans to meet with the head of the state Department of Environmental Protection to work out a compromise. “You have my commitment,” he said this week. “If we can’t fix this, on Aug. 1, we’ll pass it.”

From clean water rules to school funding, enough of Christie’s secrecy

So, enough. Not only should Sweeney stand up to the governor on stream and river protections, the Legislature should pass a similar resolution that overturns the rule changes on sewers and septic tanks, too. Christie officials shouldn’t get to conduct their policy negotiations behind closed doors. Time for a Legislative veto.

The deal represents exactly the political Kabuki I warned about back in March:

The public and the [Senate Environment] Committee will be drowned in the weeds of a lengthy adoption – response to public comments document on the original proposal along with an entirely new and complex re-proposal document. This is a formula for political manipulation. It will take weeks to decipher the documents. Meanwhile, by the time the dust settles, the original proposal will be adopted into law and the Veto Resolution will have withered on the vine (faded into the budget debate) and the Legislature adjourned for the summer.

Senate President Sweeney has long opposed the C1 buffer program because he listens to the builders lobby – Back in 2007, then Senator Sweeney joined then Republican Senate President Bob Littell in attacking the C1 stream buffer program. Here is the Sweeney & Littel comment:

404. COMMENT: The proposed Category One designations would appear to be more about curbing development than enhancing water quality standards. Unfortunately, this new regulatory proposal tips the balance even more against the economic prosperity of the areas, district 24 and 3. (127, 221)  (source: DEP regulatory document)

The cover story for Sweeney’s political deal is an Administrative Order issued by DEP Commissioner Martin. Shamefully, Sweeney obviously coerced Senator Smith and made it appear that Smith is responsible for it.

[Back on May 25, I predicted exactly this:

I strongly suspect that these “improvements” [in the “concurrent proposal”] are the political deal that bought off a large segment of the conservation community opposition and that will provide political cover for the Legislature’s abandonment of the veto, so it is important that I expose that lie.

Senator Smith must have had Sweeney’s gun pointed to his head. He should have resigned. As I wrote:

It is totally inappropriate [for Sweeney] to negotiate back room political compromises on regulatory protections (for an example of exactly how Sweeney abuses the process, see: “Political Pressure On DEP: How The Game Is Played”).

Talk about the blind leading the blind! (and Sweeney is expressing no confidence in Senate Environmental Committee Chairman Bob Smith, who has rigorously, openly, and fairly considered the DEP proposal and listened to hours of public testimony.)

If anyone took time to read the Administrative Order, they would see that DEP admits that they are weakening existing restrictions on development in the buffers. Here it is, hidden in plain sight:

In case it’s not clear, let me repeat: the former rules (7:8-5.5(h), which were repealed) “limited or prohibited disturbance” within the 300 foot buffer – i.e. disturbance was limited in the 150 foot outer buffer and prohibited in the inner 150 foot buffer. But it was “allowed” under the stream encroachment rules.

The Martin Order is blatantly illegal – it seeks to enforce proposed new requirements in the “concurrent proposal” in existing permits on a case-by-case basis before that proposal is adopted.

DEP can not impose enforceable substantive regulatory requirements via Administrative Order. They must be adopted via rulemaking procedures, under very clear black letter law, court decisions, and fundamental doctrines of administrative and Constitutional law. It’s called “due process”.

[Amazingly, the Order was signed on July 22 – on that same day, DEP held a public hearing on the “concurrent proposal“! The public process on the current proposal is meaningless, because the Order says DEP should begin enforcing the provisions of the proposal on a case-by-case basis. Sounds like lawsuit time to me.]

Even if the Order were enforceable – which it’s not – the provisions – taken from the “concurrent proposal” – still allow development inside the 150 buffer of C1 streams. That was supposed to be Smith’s bottom line and strongest reason for finding the DEP rule inconsistent with legislative intent. For details on that, and flaws in the “concurrent proposal” see:

• Christie DEP’s “Concurrent Proposal” to “Fix” Flood Hazard Rules to Avoid Legislative Veto Is A Sham

If DEP were serious in trying to avoid a “takings” challenge to the prior “prohibition” in the storm water rules and absolutely minimize buffer disturbance, they would have put the strict takings “hardship waver” from the Highlands rules (NJAC 7:38-6.8)  in the “concurrent proposal” and Order. Instead, DEP made the previous “hardship waiver” in the stream encroachment program EASIER to get.

The Administrative Order actually makes the status quo WORSE:

1. The Order claims that NJ DEP’s “best management practices” satisfy ALL water quality compliance obligations under the federal Clean Water Act. That is a false and dangerous statement that EPA would never sign off on. But, because EPA has no review authority over State DEP Orders, they won’t weigh in on the issue.

[keep in mind that DEP’s claim that BMP’s meet Clean Water Act water quality requirements means that pipeline companies now have a guarantee of stream encroachment permit approval. It remains to be seen if DEP will attempt to claim that BMP’s satisfy all freshwater wetlands permit and Section 401 Water Quality Certificate requirements under the Clean Water Act. This debate will flesh out the provision in Section 1.c of of the order that regulated activity “complies with the applicable water quality standards”.]

[Update – it is interesting to note that the Order, which is not enforceable, includes the compliance with water quality standards language, but that same language was NOT included in the concurrent proposal, which would be enforceable on adoption. I previously called DEP out on this – in testimony on June 16 before the Senate and in a post here – and used that as evidence that DEP was not serious and misleading the public. I wrote the following:

 the DEP [concurrent proposal] summary falsely claims that the stream encroachment permits are linked to compliance with surface water quality standards, “similar to” the wetlands regulations:

“These requirements are similar to the requirements at N.J.A.C. 7:7A-7.2(b) for the issuance of a freshwater wetlands or open water fill individual permit, with amendments to reflect that the proposed subsection is only applicable to riparian zones to a Category One water, making some of the considerations applicable in the freshwater wetlands context not applicable under this subsection, and are intended to ensure that activities within 150 feet of a Category One water or regulated tributary to a Category One water are only conducted when there is no alternative to the activity and that the activity will not lead to the violation of State water quality standards and laws or otherwise have significant adverse environmental consequences.”

The wetlands regulation (NJAC 7:7A-7.2(b)) that DEP claims the CP is “similar to” explicitly requires that wetlands permits:

“5. Will not cause or contribute to a violation of any applicable State water quality standard;”

But the actual text of the CP rule does not include this language from the wetlands rules. While other provisions from the wetlands rules were included in the CP, this critical language was not.

The CP does not require compliance with State water quality standards or include this “cause or contribute to” language from the wetlands rule

After the Senate hearing, I spoke with DEP Assistant Commissioner Kopkash who told me that this issue was discussed internally, and the DAG Epply rejected the language as “unnecessary”.

I then explained to KopKash that this involves the DEP regulatory jurisdiction over non-point source pollution in terms of application an enforcement of the water quality standards, and that it is a huge issue that Epply and I had debated for many years while I was at DEP – I lost those debates. ~~~ end update]

2. The Order claims that NJ State Flood Hazard Act “riparian zone” requirements satisfy all federal Clean Water Act water quality requirements – again that is false.

Examples: EPA would never sign off on a broad statewide claim that DEP could allow a FHA permitted riparian zone disturbance to destroy an “existing use” (e.g. wood turtle) of aquatic dependent life. DEP already enforced the wood turtle existing use issue in the the Milligan Farms Pulte Home case. EPA also would not issue a blanket approval DEP to issue a FHA permit that lowered water quality without conducting a site specific antidegradation review.

Shamefully, now that he cut the dirty deal, Sweeney is running for cover and running away from it.

Sweeney made Senator Smith take the heat for the deal he forced.

According to the NJ Spotlight story, Smith supported the deal:

“What we were trying to achieve with a legal and constitutional challenge has now been achieved through negotiation,’’ Smith said. He argued, in a press release by partisan staff, that the changes to the regulations and the administrative order signed by the DEP commissioner are “equal to the protections that were in place before the rule changes were made.’’

But Tom Johnson, a veteran reporter, knew that was bullshit and noted the release was issued “by partisan staff” – that’s code for Senate Democrats, or Sweeney.

We are not fooled by the bullshit either and will hold Sweeney accountable.

Let’s hope that certain Senators can grow a spine and sustain a veto the DEP Highlands septic density standards rollback.

“Time for a Legislative veto”

In case you missed it, yesterday the Star Ledger ran another killer editorial calling on Sweeney and the Legislature to veto the Christie DEP’s proposed Highlands Septic Density rule and adopted Flood Hazard rule rollbacks – read the whole thing:

• From clean water rules to school funding, enough of Christie’s secrecy

So, enough. Not only should Sweeney stand up to the governor on stream and river protections, the Legislature should pass a similar resolution that overturns the rule changes on sewers and septic tanks, too. Christie officials shouldn’t get to conduct their policy negotiations behind closed doors. Time for a Legislative veto.

The editorial expands prior criticism of the bad public policy of the DEP rules to how they were developed in secret via the Christie DEP’s notorious “by invitation only” stakeholder process.

The SL wrote:

Consider the so-called “stakeholder” meeting the administration held back in March, to gather feedback on how to fix its flood hazard rule proposal that had been rejected by lawmakers— the same one still threatened with a Legislative veto. The administration refused to allow in representatives from the lead groups that protested the rule changes. Many seats went empty, and experts who showed up weren’t permitted to fill them. Those who were invited ended up walking out in protest.

The Ledger editorial is pretty consistent with what we’ve written for some time on both the Flood Hazard rules and the Highlands Septic Density rules, most recently, see:

• NJ Highlands Defenders Blast Christie DEP Proposal To Rollback Clean Water Rules
• Public Meeting On Christie DEP Highlands Septic Density Rollback Tonight

I want to again praise the Highlands Coalition for their smart move on holding their own public hearing at Montclair University and their emphasis on the urban benefits of the DEP’s regulatory protections of Highlands water.

That tactic and urban focus encouraged Newark Mayor Baraka and Jersey City Mayor Fulop to join the battle.

I also want to praise those who recently walked out of the sham DEP Stakeholder process on the Flood Hazard rules.

As I argued at the outset of the Christie Administration – repeated over the course of the last 7 years –  that sham process should have been boycotted a long time ago, see:

• Christie Governing “By Invitation Only” (November 21, 2009)

Unfortunately, my recommendation to boycott the DEP “By invitation only” Stakeholder process was rejected by environmental groups who were working with the Christie Administration –

I still feel the knives in my back and smell the blood on the floor at that April 28, 2010 meeting at the Columbia Environmental Law Clinic’s Office in Newark, where we put my recommendation to a vote. As I recall the groups working with the Christie DEP included the NJ Environmental Federation (now Clean Water Action), the American Littoral Society, Clean Ocean Action and some of the watershed groups.

How’s that decision looking now folks?

The take home message to the Highlands Coalition and environmental activists here is that building real bridges to urban interests and providing real benefits – not selfishly manipulating them to support your open space program – is good policy and politics.

Aggressive tactics and advocacy work!

You have nothing to fear but fear itself!

Yet there are still some who fear or refuse to criticize the Governor and still want to work the inside game with the Christie DEP.

I heard that argument just last week coming from the Rethink Energy NJ crowd on the question of whether and how to pressure the DEP on the Clean Water Act Section 401 Water Quality Certificate for pipelines.

“Don’t mention Gov. Christie or criticize the DEP – He’ll get mad and punish us”

Sad, but true.

Sweeney spins

 Inappropriate to negotiate back room political compromises on regulatory protections

Yesterday former Governor Tom Kean wrote a strong Op-Ed urging the Legislature to veto the Christie DEP’s Flood Hazard rules and today the Star Ledger weighs in with a strong supporting editorial:

• Will Sweeney protect our clean water from Christie’s bulldozers?

My jaw dropped reading this line from Senator Sweeney:

Sweeney’s rationale for the delay is that he’s trying to find a middle ground. He says he plans to meet with the head of the state Department of Environmental Protection to work out a compromise. “You have my commitment,” he said this week. “If we can’t fix this, on Aug. 1, we’ll pass it.”

Compromise? “Fix” it?

The thought of Senator Sweeney meeting with DEP Commissioner Bob Martin to discuss complex regulations and “fix” them absolutely boggles the mind.

It is totally inappropriate to negotiate back room political compromises on regulatory protections (for an example of exactly how Sweeney abuses the process, see: “Political Pressure On DEP: How The Game Is Played”).

Talk about the blind leading the blind! (and Sweeney is expressing no confidence in Senate Environmental Committee Chairman Bob Smith, who has rigorously, openly, and fairly considered the DEP proposal.)

There have been several hours of testimony by experts, including DEP, before the Senate Environment Committee, over a period of months. EPA and FEMA lawyers and experts reviewed the rules as well.

The rule proposal was over 900 pages and there is another several hundred pages of DEP’s responses to hundreds of public comments. And, of course, another hundred pages or more of a “concurrent proposal”.  Of course, DEP Commissioner Martin will tell Sweeney that the proposal has been fixed already.

Sweeney can knowledgeably participate in this debate? Are you kidding me? (Sweeney’s “experts” are likely Dennis Toft and Dale Florio)

Sweeney probably didn’t think he’d face press scrutiny about his failure to post the SCR 66 veto Resolution. He is spinning.

Just as we warned:

The public and the Committee will be drowned in the weeds of a lengthy adoption – response to public comments document on the original proposal along with an entirely new and complex re-proposal document. This is a formula for political manipulation. It will take weeks to decipher the documents. Meanwhile, by the time the dust settles, the original proposal will be adopted into law and the Veto Resolution will have withered on the vine (faded into the budget debate) and the Legislature adjourned for the summer.”

Sweeney has never been a supporter of strong environmental regulations, and he has supported the Christie DEP rollbacks.

Obviously, the Star Ledger editorial board didn’t know that Sweeney opposed the Category One buffers back in 2007.

Back in 2007, then Senator Sweeney joined then Republican Senate President Bob Littell in attacking the C1 stream buffer program:

404. COMMENT: The proposed Category One designations would appear to be more about curbing development than enhancing water quality standards. Unfortunately, this new regulatory proposal tips the balance even more against the economic prosperity of the areas, district 24 and 3. (127, 221)  (source: DEP regulatory document)

Tell Sweeney No Deals on Clean Water!

[End note: Truly “fixing” these rules would require, among other things, that stream buffer protections and surface water quality standards are enforced.

As we wrote, that would provide a regulatory basis to kill major development, like pipelines. Legislative veto of DEP rules for failure to protect buffers and water quality would also be used in anti-pipeline litigation.

Sweeney is a strong supporter of not only development, but pipelines in particular.

And we will never forget how he twisted arms to make the Pinelands pipeline happen. ]

Taking a pause from the Trenton scene and the veto of DEP flood hazard rules (I’ve done about all I can do on that issue), I went down to Senate President Sweeney’s West Deptford district office today to join with about 40 south jersey pipeline, climate and renewable energy activists. It was great to see lots of folks I haven’t seen in awhile:

NEW BRUNSWICK, NJ – Activists and organizations supporting a transition to clean renewable energy and opposing the pipelines through New Jersey will have a July 4th potluck picnic at the office of Senate President Stephen Sweeney to oppose his support for the oil and gas industry, and invite him to sign a declaration of energy independence. They will deliver 1,000 petitions calling on him to take action to stop pipelines through the Pinelands.

“Senator Sweeney’s support for the oil and gas industry is a direct threat to the Pinelands, and to a sustainable future for New Jersey,” said Food & Water Watch organizer Lena Smith. “He is vocally supportive of the dirty fracked gas pipelines through the Pinelands and is twisting the arms of New Jersey’s elected officials to clear the way for these pipelines to be built.

Sweeney was invited to attend the gathering, which was organized by Food & Water Watch, the Pinelands Pipeline Action Network, the Coalition for Peace and Justice, Unplug Salem, 350 South Jersey, Ramapough Lenape Nation, Don’t Gas the Pinelands Coalition, New Jersey State Industrial Union Council, People Over Pipelines, Citizens United for Renewable Energy and Progressive Democrats of America.

Sweeney needs to be told flat out that his chances to be the next Governor are significantly diminished by his continuing support for the fossil energy industry.

With respect to the South Jersey Gas Pinelands pipeline he supports, 4 prior Governors have opposed that, so he is completely out of touch with even main stream NJ bi-partisan politics.

So, let’s rehash the day’s events.

There was a road detour, and I took a wrong turn on “Kings Highway” – a troubling address for a Legislator with Gubernatorial ambitions, no? – on the way there and ironically ended up at massive pipeline and fossil infrastructure:

Arriving at Sweeney’s offices, the view didn’t get much better – he is in the belly of the fossil beast:

As the group assembled on a grassy knoll in front of Sweeney’s office (ironically a pipeline ROW), the police showed up. Alleging the need to protect us from some non-existent threat of attack from the rear flank and to keep us off private property, the cop wanted the group to move away from the grassy knoll to an island on a nearby roadway. The island location the cop pushed us onto was dangerous, because cars drove by on both sides.

I took exception to the lack of respect for and interference with constitutionally protected activity, especially  in the absence of any no trespassing signs or complaint by the private property owner. I suspect the ROW was public land anyway.

I explained this to the cop with no success – he immediately admonished me for having an “attitude” based on my tone of voice –  so went to Sweeney’s office to ask them to support us, because they didn’t want the political controversy of activists arrested outside Sweeney’s office. They agreed. I told the cop this. He backed off and went in to talk. But came out of Sweeney’s office and said Sweeney’s District Office manager said they merely rented the property and were not authorized to allow us to use the grassy knoll. What two faced wimps.

Here are photos of the event (still learning new camera – a used Sony mirrorless I picked up at a bargain price when I sold my lenses).