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Murphy DEP Refuses To Disclose Who Acting Commissioner McCabe Is Meeting With And What They’re Talking About

May 30th, 2018 No comments

DEP Denies OPRA Public Records Request

Secret meetings with powerful interests are anathema to transparency & accountability

The Murphy DEP denied an Open Public Records Act (OPRA) request for the calendars of private sector meetings held by Acting DEP Commissioner Catherine McCabe and her chief policy advisors, Deputy Commissioner Mans and Chief of Staff Wachter.

The DEP invoked Executive Privilege and claimed that these meetings are secret.

DEP explained the basis for their denial decision, as follows:

Your request for all meeting schedules (for meetings with other than governmental officials) and associated detailed information for Commissioner (sic) McCabe, Deputy Commissioner Mans, and Chief of Staff Eric Wachter for the period of February 1, 2008 to the present is denied on the basis that those records are considered deliberative pursuant to  N.J.S.A. 47:1A-1.1 et seq., and the non-public calendars and itineraries of  public officials are exempt from public disclosure. Public officials must be permitted to schedule private meetings and have confidential discussions about important decisions without the fact of that communication being subject to disclosure. See Gannett N.J. Partners, LP v. County of Middlesex, 379 N.J. Super. 205, 217 (App. Div. 2005) Furthermore, the New Jersey Supreme Court has acknowledged there is a legitimate public interest in keeping confidential the identity of persons consulted  by executive branch officials. North Jersey Newspapers v. Passaic County, 127 N.J. 9 (1992).

The people of NJ have a right to know who their DEP Commissioner is meeting with and what they are talking about.

The Commissioner is a public servant, paid by the people’s taxes, and works exclusively on important public matters of public health and environment. Therefore, public disclosure of her meetings with private sector individuals is essential to the public interest – such meetings never can be “private” or “secret”.

DEP meetings with private individuals also never can be “deliberative” because private sector individuals serve purely an advisory role, and are not involved in actual government decision-making and so are never engaged in actual policy deliberations.

Private individuals who meet with DEP policymakers do not have any “privacy” interests or reasonable expectations of privacy.

Under ELEC rules (see definition of “lobbyist”), anyone who meets with a policymaker is presumed to be seeking to “influence government processes” and must publicly disclose and report that meeting to ELEC. (see ELEC White Paper:

It will build upon earlier attempts by the Commission and the Attorney General to reform the lobbying law by calling for one agency, ELEC, to administer it and by arguing that comprehensive lobbying disclosure must also include the reporting of “grassroots” and “executive branch” lobbying activities.

How can DEP claim these meetings are secret and deny OPRA requests when ELEC rules require disclosure and reporting?

We were led to believe that the Murphy administration was progressive and supportive of good government, and agreed that open government, transparency and accountability are foundational principles and prerequisites of democracy.

But that’s enough of the wonk stuff.

Obviously, who the DEP Commissioner meets with is a very strong indicator of not only what interests have power and influence, but what policy deliverables are offered up to “friends” of the Administration.

I’ve been around long enough to recall that the Bergen Record won a national journalistic award for their “Open For Business” series, that documented, among other things, the Whitman administration’s DEP meetings with regulated industries and tied those meetings to campaign contributions and DEP regulatory favors. (see:  “A New Genre of Environmental Reporting “).

But this issue cuts both ways.

Transparency is especially important at a time when friends of the administration are buying billboard ads praising a “New Day” at DEP (sycophants at PPA and the Highlands Coalition) and – perversely – are openly bragging about endorsing and spending “over $400,000″ to elect Governor Murphy, while praising and providing cover for Murphy’s flawed “deliverable” deal (see this from NJ LCV).

Who the DEP Commissioner is meeting with and what they are talking about are important indicators of not only who has access and influence on policy, but in documenting what the policy priorities of the Administration are.

I filed the McCabe calendar OPRA request at the same time I filed another OPRA request for various public documents regarding the current ongoing negotiations to re-join the northeast Regional Greenhouse Gas Initiative (RGGI), as directed by Governor Murphy’s Executive Order #7.

The public should know not only the factual technical basis for those RGGI negotiations (e.g. the current greenhouse gas emissions inventory and derivation of the emissions cap), but who the DEP is meeting with to discuss these issues, especially if regulated corporations are involved (as they certainly are).

Of course, disclosure of meeting calendars is important information as well to determine whether the Murphy DEP is “balanced” (a word McCabe herself claimed was her “mantra”) in meeting with public interest groups and corporations and regulated interests.

Finally, that information can show who has access to DEP policymakers and followup investigations can look at critical issues like: whether those same meeting participants have regulatory decisions pending before DEP or have made political donations to Gov. Murphy.

The NY Times sees a LOT of news value in these issues as well, see:

Why is US EPA Scott Pruitt’s calendar published – and widely reported by media and criticized – but NJ DEP Catherine McCabe can dodge all accountability and conduct her affairs in secret?

So, will NJ’s depleted but intrepid press corp report this new and get their lawyers involved in challenging DEP’s sweeping secrecy claims?

Or do they only investigate and report on Republican Administrations?

And if in fact NJ Courts have ruled as DEP interprets them, will the Legislature close those loopholes and amend OPRA to stop these abuses?

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Gov. Murphy’s DEP Commissioner Joined Trump EPA Head Pruitt Press Spin, Just Days After Congressional Hearings On Pruitt Scandals

May 3rd, 2018 No comments

Does NJ DEP Acting Commissioner McCabe Read The Paper?

Clueless Deer in the headlights?

What was she thinking?

I’ve tried to give NJ Gov. Murphy’s Acting DEP Commissioner Catherine McCabe the benefit of the doubt, given Gov. Murphy’s lack of resolve and that her confirmation is being held hostage by Senate President Sweeney, and Sweeney had his own former Senate staffer, Eric Wachter, installed as McCabe’s Chief of Staff.

But after learning of her unprecedented and corrupt “Sweeney Tour” and craven politicization of a wetlands enforcement case, not any more.

But – aside from the Sweeney Tour – this could be one of the most either naive or stupid things any DEP Commissioner ever did.

It is no secret that Trump EPA Administrator Scott Pruitt is waging a war on EPA, on Obama climate policies, and on environmental regulations that protect public health and the environment (for just some of the dirty details, see; Scott Pruitt’s Dirty Politics)

Follow the timeline: On April 26, 2018THE HILL reported

EPA Administrator Scott Pruitt faces a make-or-break day Thursday on Capitol Hill with back-to-back congressional panels where he will be grilled over a series of controversies endangering his tenure at the Environmental Protection Agency.

Yet despite Pruitt’s scandalous record, last week, on April 30, just days after Pruitt faced two critical Congressional hearings on his ethical lapses and disastrous policies, NJ Gov. Murphy’s DEP Commissioner McCabe joined a misleading and diversionary Pruitt EPA press release, using a NJ Superfund site to tout Pruitt’s so called “accomplishments” in reforming the EPA Superfund program.

Long prior to Congress’s recent investigation of Pruitt’s ethical lapses, he had been under severe criticism not only for his unprecedented rollbacks of  EPA regulatory protections of public health and the environment, but also for appointing an unqualified crony, Albert “Kell” Kelly, to head the Superfund program. Pruitt crony Kelly was not only unqualified for the EPA position, he received a lifetime ban from the banning industry.

“Kell” Kelly’s most notorious action was presiding over a Pruitt created “Superfund Task Force” that issued a detailed set of recommendations to “reform” the Superfund program. The objectives of that exercise were transparent: to reduce polluters’ cleanup costs and promote redevelopment:

expediting cleanup and remediation process- reducing financial burden on all parties involved in the entire cleanup process- encouraging private investment- promoting redevelopment and community revitalization- and, building and strengthening partnerships

My friends at PEER sought to find out who Pruitt appointed to the “Superfund Task Force” and who wrote the Taskforce report. After suing EPA under FOIA for failure to produce records, here’s what PEER found out:

Washington, DC —U.S. Environmental Protection Administrator Scott Pruitt claims his Superfund Task Force developed a detailed plan to revamp the program without any preliminary or briefing paperwork, according to correspondence posted today by Public Employees for Environmental Responsibility (PEER). Thus over approximately one month, this Task Force produced a set of 42 recommendations with no identifiable antecedent or a single supporting document.

On May 22nd, Pruitt announced that he was taking personal control over all major future and ongoing Superfund projects and appointed a task force headed by Albert Kelly, a disbarred Oklahoma banker and long-time Pruitt campaign supporter. PEER submitted a Freedom of Information Act (FOIA) request seeking basic information about this effort, such as: Who was on this task force? How were they picked? What materials did they look at and how did this group arrive at decisions?

The Chicago Tribune wrote that story:

EPA says Superfund Task Force created by Pruitt kept no records of meetings

And “Kell” Kelly, who has gotten a lot of media attention, is not even the worst problem in Pruitt’s Superfund policy rollbacks that NJ DEP McCabe legitimatized. Check this one out!

Does Acting DEP Commissioner McCabe read the newspaper or follow developments at her former agency, EPA?

All this was well known BEFORE McCabe signed on to the April 30, 2018 EPA press release.

The EPA press release was an obvious diversion from Pruitt’s Congressional investigations, after which an EPA Whistleblower says Pruitt lied during congressional testimony.

Just Tuesday May 2, Pruitt’s corrupt crony “Kill” Kelly resigned amid scandal.

Albert “Kell” Kelly, a top aide to Environmental Protection Agency chief Scott Pruitt who was hired to revitalize the agency’s cleanup of toxic sites, resigned Tuesday amid scrutiny of his previous actions as the leader of a bank in Oklahoma and his lifetime ban from banking.

Politico reported: Pruitt’s security, Superfund chief leave as probe heats up

So here it is.

Aside from all that, here’s the outrageously false and diversionary claims NJ DEP McCabe signed on to and legitimized.

According to an April 30, 2018 EPA press release(which I received via email from EPA Region 2 press official Dave Kluesner and is not on the Region 2 or EPA HQ website):

Under Administrator Pruitt’s leadership, the Superfund Program has reemerged as a top priority to advance the Agency’s core mission of protecting human health and the environment. Berry’s Creek is both within a site on the National Priorities List and Administrator Pruitt’s December 2017 list of Superfund sites targeted for immediate and intense attention.

“The proposed plan will address the worst contamination first as EPA develops a final plan to ensure a comprehensive cleanup of the entire site,” said EPA Administrator Scott Pruitt. “We are making tremendous progress expediting sites through the entire Superfund remediation process, ensuring polluted areas are addressed quickly and thoroughly.

Here’s how McCabe legitimized those lies:

“The nation’s Superfund program, based on contaminated site objectives developed in New Jersey, has been a tremendous success. However, in some cases cleanup work has been too slow,” said New Jersey Department of Environmental Protection Acting Commissioner Catherine R. McCabe. “Placing additional focus and resources on those sites is the right thing to do to ensure protection of natural resources and public health.”

What was she thinking?

McCabe is dead wrong not only on the optics, but on the policy as well.

Wonder if she’s read the Pruitt EPA Superfund Task Force Report?

Wonder if McCabe understands that NJ’s now cleanup law she touts as a model for Superfund, was privatized under the Corzine Administration and Lisa Jackson’s leadership?

Wonder if McCabe will go the way of Gov. Florio’s first DEP Commissioner? Sure looks like a possibility at this point.

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Gov. Christie’s Executive Orders That Weakened Environmental Protections Are Still In Effect

April 19th, 2018 No comments

Gov. Murphy Has Not Revoked Christie “Regulatory Relief” Policy In Executive Orders

Policy Continuity at DEP – Sole Exception Is RGGI

One of the governors’ more influential powers in reference to directing the policy agenda is in their usage of executive orders. ~~~ Executive Prerogative: The Use of Executive Orders in New Jersey

Gov. Murphy, who criticized Gov. Christie’s environmental policies and campaigned on a platform characterized by the media as “bold green leadership”, was strongly backed by NJ’s environmental and conservation groups, who spent $335,000 to help elect Murphy.

However, a close read of Murphy’s “Protecting the Environment” policy plank of his platform reveals that it is vague, couched in terms of “building a green economy” thereby making economics co-equal with protections, and was limited to just 3 issues: climate change, protecting the shore, and preserving open space. He issued an issue specific policy on protecting the Delaware River from fracking (but not pipelines the carry fracked gas).

There is nothing about the need to restore DEP as an institution, strengthen the role of environmental regulation, or reform specific policies on clean air, clean water, toxic waste management, etc.

Murphy issued another campaign platform called “Building a Green Energy Economy”. It too was vague, but it embraced a more expansive issue set, including rejoining RGGI, promoting off shore wind, energy efficiency, solar, and energy storage.

But despite the ambiguity and narrow scope of Murphy’s policy agenda, the press and environmental groups applauded and, in my view, basically exaggerated Murphy’s commitment to protecting public health and the environment. That exaggeration and cheerleading continued after the election.

After the election, the Murphy Transition Team was stacked with corporate interests, moderate conservationists, and recycled Corzine era lobbyists. The Transition Report on Energy and the Environment did little to flesh out the details of the Gov.’s broad campaign themes in terms of advocating specific policies and regulations.

Thus far, we are deeply disturbed by the fact that, aside from rejoining RGGI, Murphy has shown more of a policy of continuity with the Christie Administration than a “shift at DEP” and a “clean break”:

“This is indicative of a sea change,” Doug O’Malley, director of Environment New Jersey, said of Mans’ appointment. “It’s completely breaking with the Christie era.”

Instead of a “sea change” and “complete break with the Christie era”, we’ve seen lots of evidence of continuity (again, with exception of fracking in the Delaware watershed, but only after the DRBC had already proposed rules to ban it).

At the federal level, while Trump EPA head Scott Pruitt is very vocal and very busy dismantling Obama era regulations, Gov. Murphy and his DEP Commissioner are silent on repeal of Christie Executive Orders and a host of regulatory rollbacks.

Like Gov. Christie, Gov. Murphy:

1. diverted $136 million of Clean Energy Funds – a “clear break” with his multiple campaign promises to restore NJ’s leadership on climate change.

2. diverted $69 million of Volkswagen settlement funds.

3. rubber stamped Christie’s NRD groundwater pollution settlements with Big Oil – an echo of Christie’s sweetheart deal with Exxon.

4. slashed DEP’s budget by at least $6.4 million

5. negotiated a billion dollar nuclear bailout bill with Senate President Sweeney’s gun to his head.

6. Caved to Senator Sweeney and compromised aggressive renewable energy goals as part of the nuke bailout legislative package.

7. maintained silence on the PennEast pipeline controversy, while filing a diversionary FERC lawsuit based on protecting private property rights, not water quality or addressing the climate crisis. Murphy’s AG also rejected PennEast compensation offers based on the economic value of public lands, not water quality and other  environmental impacts.

8. failed to take a position or try to block legislation that would promote Dupont’s ability to import and treat  fracking wastewater and dump into the Delaware River.  As a result of that lack of leadership, the bill is now on the Gov.’s desk.

9. Acting Commissioner McCabe has yet to be confirmed and is being held hostage by Senate President Sweeney. This essentially perpetuates Christie DEP policies.

10. McCabe installed Sweeney’s former Senate staffer, unqualified political operative Eric Wachter, as Chief of Staff.

11. McCabe hired former Gov. Corzine’s environmental policy aid, Deb Mans – while shutting out longtime NJ environmental leaders.

12. McCabe continued Christie’s abuse to allow the Water Supply Advisory Council to meet behind closed doors.

13. McCabe continues Christie DEP State Parks Concessions Policy

14. McCabe continues the Whitman to Christie pro-business, anti-regulatory, “flexible” streamlined permit” air pollution policy (a policy that impacts all DEP permit programs, not just air).

15. McCabe continues Christie DEP’s constant practice of downplaying public health risks and Press Office fact free propaganda on alleged improvements in water quality.

16. McCabe has continued to promote feel good and counter-productive voluntary “stewardship” policies.

17. McCabe has continued Christie’s “engineering” approach to shore protection.

The very first press release McCabe issued upon taking office was an ill advised move to double down on a terrible trifecta: 1) Gov. Christie’s climate denying shore engineering, 2) dredged material disposal, and 3) luxury boat subsidy policies (see: DEP LAUNCHES PROJECT TO REPAIR BEACHES ON LONG BEACH ISLAND USING MATERIALS DREDGED TO MAKE LITTLE EGG INLET CHANNEL SAFE (not to mention the personnel issues involved).

18. McCabe has yet to honor Murphy’s pledge to restore DEP Office of Climate Change and has not revised numerous Christie DEP misleading climate webpages.

19. McCabe has yet to follow through, after Murphy compared Dupont Pompton lakes to Love Canal, thereby emulating Christie DEP’s lip service to that community.

20. McCabe, as far as I can tell, has yet to reorganize DEP and establish her own management team.

But perhaps the most significant continuity is with Gov. Christie’s “regulatory relief” policy, codified in Christie Executive Orders #1, #2, #3, and #4.

Murphy clearly understands the importance of Executive Orders in establishing and communicating his policies, see:  GOV. MURPHY SIGNS EXECUTIVE ORDER FOR NJ TO REJOIN RGGI.

As I wrote:

… while Gov. Murphy has found the time to issue a series of hollow symbolic Executive Orders on promoting wind (just sandbagged by his BPU!), rejoining a lame RGGI – with a rhetorical EJ policy too – and another that establishes a Council on Economic Advisors that elevates the role of economics and undermines DEP’s role in climate, energy and water resource infrastructure policy, there are several really bad Executive Orders by Governor Christie that remain in place, including Executive Order #2 (“regulatory relief”; cost benefit analysis, and federal consistency policies) and Executive Order #3 (slash “job killing red tape”).

Christie’s rulemaking scheme in Executive Order #2 includes an “advanced notice of proposed rules”. This allows private parties, like the lawyers for major corporate polluters, the opportunity to conduct a “pre-proposal review” of any rule DEP is contemplating before it is published for public comment.

Worse, the stated policy objectives of this review process are to provide “immediate relief from regulatory burdens” and “to prevent unworkable, overly-proscriptive or ill-advised rules from being adopted.”

As Eric Clapton said: “kill it before it grows”.

That is corruption in plain sight. Yet not one media report on it.

So Gov. Murphy’s continuing silence on and failure to repeal Christie’s Executive Orders is revealing and deeply troubling.

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Murphy DEP Plans Some “Big News” For Earth Week

April 18th, 2018 No comments

Watershed group to host Acting DEP Commissioner McCabe announcement

Prepare yourself for the Earth Week Spin Cycle

DEP whispering in the ears of friends

[Update – 4/25/18 – Perhaps my criticism blew this up and DEP bailed, but Acting DEP Commissioner McCabe made no policy announcement at this event. She merely reaffirmed Christie DEP grants (again, its always about the money with these folks and always ineffective non-regulatory work). According to the Watershed webpage:

The commissioner (sic – McCabe is still acting) reaffirmed two pending [Christie DEP] grants that had been announced late last year. One grant will allow the Watershed to create and administer a statewide volunteer water-monitoring network. The second grant will enable Watershed staff to design and install green stormwater infrastructure within the Beden Brook Watershed.  ~~~ end update]

I hate to spill the beans, but couldn’t resist exposing what very likely will be another political game.

I’ve been a participant in (while employed as both a DEP official and leader in NJ ENGO’s) and seen this game played so many times before, it sickens me to see it happening all over again.  Please don’t think I’m cynical – as an “institutionalist””, like former FBI Director Comey, I’m just defending against erosion of basic institutional norms and values. Follow:

This morning, a NJ friend forwarded me an email announcement by the Stonybrook Millstone Watershed Association (SMWA) – titled “New DEP Commissioner, Big Reveal at Watershed Meeting” – touting upcoming “Big News” on April 23 (the day after Earth Day and start of Earth Week):

We’ve got big news to reveal at our annual meeting

Guest Speaker Catherine McCabe

Gov. Murphy’s nominee for Commissioner of th Department of Environmental Protection

Maybe Acting Commissioner McCabe will announce that Senate Judiciary Chair Scutari has defied Senate President Sweeney and posted her confirmation hearing sometime before July 1st? (so McCabe can’t be held hostage any more or played as a budget pawn).

Just joking.

But I think this could be the first time a DEP Commissioner was not confirmed before Earth Day.

But more likely, especially in light of the NJ Spotlight set up story today, McCabe will announce Gov. Murphy’s veto of the DuPont fracking wastewater bill now on his desk.  (see: WILL MURPHY LET COMPANY DUMP TREATED WASTEWATER INTO DELAWARE RIVER?)

We wrote about that fracking bill before it passed both houses, predicted its final passage, and called on Murphy to veto the bill and use the veto to criticize the sponsor, Senate President Sweeney, see: NJ Democrats Go From Banning Fracking Wastewater to Deregulating and Promoting It

Curiously the Spotlight story failed to note the bill’s history (i.e. the 2 Christie vetoes of Dem. ban bills) and that the U-turn bill was sponsored and championed by Senate President Sweeney.

In omitting all that, Spotlight ignores the larger political battle between Sweeney and Gov. Murphy. That amounts to a face saving measure for both the Democrats and Sweeney and makes it easier of the Gov. to veto the bill and not poke a finger in Sweeney’s eye. By writing an essentially misleading story, Spotlight signals that they’re in on the game (also note that the quotes by environmentalists make no demands of Gov. Murphy or criticisms of Sweeney).

The part of the game I’m most troubled by, however, is not the typical media and cynical legislative politics.

It’s the way DEP is playing the game – which amounts to making policy in the dark and communicating policy to the public for maximum PR spin benefit via whispers in the ears of the environmental friends of the administration.

It is inappropriate and just poor governing for a watershed group to have the inside track on policy development and for them to be given a  heads up on policy announcements.

How would environmental groups feel if the Petroleum Council, Chemistry Council, Builders Assc., or Chamber of Commerce put out an announcement to their members touting upcoming “Big News” from the DEP Commissioner?

(I once filed an ethics complaint for a similar DEP political “heads up” on inside information, but that was about a formal regulatory proceeding, which is very different from the “Big News” which I assume will not be regulatory, see: DEP COMMISSIONER GAVE INSIDE INFORMATION TO DEVELOPERS. The complaint was heard but dismissed.)

This is the third time I’ve learned of this DEP corrupt practice – I wrote about the first, when Sweeney mole DEP Chief of Staff Eric Wachter intervened in Pompton lakes.

The second time – which I didn’t write about but should have – was when Deputy Commissioner Deb Mans whispered in the ear of her friend, Highlands Coalition Director Julia Somers, about DEP’s so called “halt” on Sparta Mountain logging plans. That is Deb Mans’ essentially corrupt role: what I call “Keeping the Sheep In Line” via whisper campaigns.

The SBWSA “Big News” is strike three – and its not even May! Acting Commissioner McCabe is an experienced environmental lawyer and clearly knows better, so her tolerance of and now participation in these corrupt practices is disturbing.

Despite the DEP whisper campaign, don’t be fooled: a veto of this bill is no heavy lift, given that the Democrats twice passed and Gov. Christie twice vetoed Democratic bills to ban acceptance of fracking wastewater in NJ.

No way Gov. Murphy could sign a bill promoting fracking, which would not only contradict his campaign promises and his recent  “united front against fracking” event, but put him on the same page as Christie in supporting Dupont and fracking.

Aside from the politics, substantively, veto provides no environmental benefit either, because DuPont is not now accepting fracking wastewater and is not discharging treated fracking wastewater to the Delaware River.

If Dupont (Chemours) were to seek a DEP permit without the legislative exemption provided in the bill, it would be very unlikely for DEP to issue a permit for treating and disposing of fracking wastewater, due to the lack of available treatment technology for all the radiological and chemicals in fracking wastewater (the inability to get a DEP permit is why Dupont sought the exemption in the bill!) As I wrote:

At a minimum, the Murphy DEP would require a “treatability” study by Dupont to document all the radioactive and chemical compounds in fracking wastewater and develop protective treatment technology and enforceable NJPDES permit effluent limits. The Sweeney bill is designed to block this kind of DEP regulatory move and grandfather the existing permit from further DEP review (e.g. see this prior DEP study at Dupont for blocking discharge of VX nerve gas):

“(05/64) TRENTON — Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today released a draft surface water discharge permit for the DuPont Chambers Works plant in Salem County. The wastewater permit does not allow treatment of a neutralized VX nerve agent byproduct, which is part of a proposed plan by the U.S. Army and also under scrutiny by the federal Environmental Protection Agency (EPA) and Centers for Disease Control (CDC).”

So once again, Gov. Murphy will be a green hero for doing virtually nothing.

Just my guess about the “big news”.

Of course I could be wrong.

The “Big News” could be an announcement that DEP is killing the PennEast pipeline.

Now that sure would be big news and worthy of praise.

But I strongly doubt that it will be the news.

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NJ Democrats Go From Banning Fracking Wastewater to Deregulating and Promoting It

March 30th, 2018 No comments

Senator Sweeney  – “D” – For Dupont

Gov. Murphy needs to take on Sweeney, and do so very publicly

[Update – 4/14/18 – the bill – [A3116/S879] – Sweeney/Burzichelli special legislation to benefit Dupont Deepwater avoid DEP permit review of disposal of  fracking wastewater – passed both houses and is now on Gov. Murphy’s desk. Murphy must veto: tell the Gov. to honor his pledges at the “united front against fracking”.  ~~~ end update]

In a remarkable U-Turn, NJ Legislative Democrats have gone from twice passing legislation to ban the acceptance of wastewater from fracking operations, to approving a bill to deregulate and promote it!

Former Gov. Christie vetoed both measures: (NJ.Com story)

TRENTON — For the second time in two years, Gov. Chris Christie has vetoed a bill that would have banned the dumping of fracking waste in New Jersey.

Environmentalists and lawmakers from both parties had championed the measure, which would have prohibited companies from treating, discharging, disposing, and storing waste from hydraulic fracturing — the controversial practice of pumping water, sand, and chemicals deep underground to harvest natural gas.

I guess it was easy for the Democrats to pass tough environmental legislation when they knew that Gov. Christie would veto it.

The Dems got a twofer: 1. favorable media and praise by environmentalists for passing the legislation; and 2. they blasted the Gov. for vetoing it and made Christie look bad.

The politics of cynicism.

But what explains this radical U-Turn?

Senate President Sweeney.

The Bergen Record recently reported:

Murphy may soon end up with a bill on his desk that would allow a DuPont spinoff company to resume processing contaminated wastewater at its South Jersey chemical plant without an environmental review. 

Environmentalists have opposed the measure, saying it would bring scores of trucks hauling tanks of toxic waste onto New Jersey roads. They also worry that the treated water could damage the Delaware River, where it is discharged after being processed at the facility in Salem County.

The bill is sponsored by Senate President Steve Sweeney, the state’s most powerful legislator, whose district covers the DuPont plant. The Senate unanimously approved the measure last month. Environmentalists expect the Assembly to approve the measure soon, after an environmental committee voted unanimously in favor of it last month.

Lawmakers say the bill is a procedural move that has little environmental consequence since DuPont treated water at its plant for years. Supporters say it will help the South Jersey economy. Critics say it may open up New Jersey to accepting wastewater from natural gas fracking in Pennsylvania, which can contain heavy metals, radioactive material and hydrocarbons. 

The “little environmental consequences” statement by “lawmakers” is a blatant lie.

Even the Christie DEP testified on the prior ban legislation that Dupont’s existing NJPDES water pollution discharge permit did not contain adequate treatment requirements or effluent limits for all the radiological and chemical compounds known to be present in fracking wastewater (and discharged to the Delaware River).

At a minimum, the Murphy DEP would require a “treatability” study by Dupont to document all the radioactive and chemical compounds in fracking wastewater and develop protective treatment technology and enforceable NJPDES permit effluent limits. The Sweeney bill is designed to block this kind of DEP regulatory move and grandfather the existing permit from further DEP review (e.g. see this prior DEP study at Dupont for blocking discharge of VX nerve gas):

(05/64) TRENTON — Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today released a draft surface water discharge permit for the DuPont Chambers Works plant in Salem County. The wastewater permit does not allow treatment of a neutralized VX nerve agent byproduct, which is part of a proposed plan by the U.S. Army and also under scrutiny by the federal Environmental Protection Agency (EPA) and Centers for Disease Control (CDC).

Sweeney is out of control.

1. He is holding Acting DEP Commissioner McCabe hostage by blocking her confirmation hearings. It is almost April and she still is not confirmed.

2. Sweeney somehow installed his former Senate staffer, Eric Wachter as DEP Chief of Staff, a key policy and political position that serves as a gatekeeper to access to the Commissioner by management team members and is involved in all policy matters.

McCabe can’t move without Sweeney’s mole working behind her back. Wachter will prove fatal to her reform agenda (if she has one, which we can’t tell, because she’s hiding under her desk in Trenton, hoping not to step on any toes before confirmation). Wachter is another cost of the foolish appointment of Debbie Mans as Deputy Commissioner, a symbolic post anyway.

The Gov.’s Office must approve DEP political appointees at that level, so Sweeney must have demanded it – either that or the Murphy people are incompetent in vetting staff and/or politically naive (or they consciously cut a deal with and made a concession to Sweeney).

Accordingly, it’s no accident that Wachter is handling the Dupont Pompton Lakes controversy. That way he can protect Dupont and keep Sweeney in the loop if DEP gets too tough on the giant polluter.

3. Sweeney is demanding that the Gov. support a multi-billion nuclear bailout for PSEG.

4. There are likely other policy concessions Sweeney is seeking to extract – like: a) gas pipeline approvals he pushed through the Pinelands; and b) continuity with Christie’s pro-development Pinelands Commission; and c) no ratchet down on lax climate and dirty air (Hazardous Air Pollutant) regulatory oversight; and d) continuation of DEP’s weak chemical safety policies we saw in operation in the “duck and cover” Paulsboro train derailment disaster.

Sweeney looks out for the polluters in his backyard.

Gov. Murphy needs to take on Sweeney, and do so very publicly.

Sweeney is promoting extremely unpopular issues. The people of NJ do not support a billion dollar nuclear bailout or importation of toxic fracking wastewater to promote Dupont profits.

Sweeney is on thin ice and out on a limb.

Murphy should make him pay.

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