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Is Senate President Sweeney Playing Politics With Clean Water?

June 24th, 2016 No comments

Sweeney Yet to Post Veto of Christie DEP Flood Rules for Senate Vote

Is Sweeney carrying the Builders’ water or saving the best for last?

“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.” ~~~ Senate Environment Committee Chairman Bob Smith (June 16, 2016)

Senate President Sweeney has yet to post SCR 66, the veto of Governor Christie’s DEP flood hazard, stormwater management, and coastal rules.

The Assembly passed the Assembly version (ACR 160) and the Senate Environment Committee approved SCR66 and released it to the full Senate on June 16.

The case for a veto is strong.

At a State House rally later that day, Senator Lesniak (co-sponsor) promised that the Resolution would be passed during the Senate’s June 23 session. That did not happen. I really hope he was not just blowing the same smoke he did on Exxon NRD.

And I really hope Sweeney has changed his mind now that he is Senate President – and running for Governor – and is not attacking clean water and promoting inappropriate development again, like he did back in 2007 when the Category One waters buffers were incorporated in the stream encroachment permit program. Back in 2007, then Senator Sweeney joined then Republican Senate President Bob Littell in attacking the C1 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)

Both houses previously passed the Resolution, but the Constitution requires that DEP be provided a chance to respond and that the Resolution be passed by both houses twice to finally veto the rule.

There are just two sessions left before the Legislature adjourns for summer recess – June 27 and June 30 – the Board list for June 27 has been posted and the Resolution is not on it.

We urge readers to call Senate President Sweeney at (856) 251-9801 and urge him to post SCR 66 to protect clean water and not make flooding worse.

Here is my letter to key Senators urging that they do the same:

Dear Chairman Smith and members of the Environment Committee:

I am writing to urge you to contact Senate President Sweeney and ask him to post SCR 66, the legislative veto of DEP flood hazard, storm water management, and coastal rules DEP recently adopted, despite prior passage of the Resolution by both Houses and legislative requests urging DEP not to do so.

As members of the Environment Committee, you heard the testimony and fully understand the implications of allowing the DEP regulations to stand:, i.e. there will be increased flood risks and further degradation of water quality in NJ’s “exceptional value” Category One waters due to allowance of additional destruction of stream buffers and more development closer to the water.

You have a serious responsibility to convey these implications to Senate President Sweeney and convince him to post SCR 66 for Senate vote, particularly given the Senate’s prior passage of the Resolution.

The DEP rules roll back water quality protections long supported by the Legislature and violate legislative intent and the regulatory policy in NJ’s Surface Water Quality Standards (NJAC 7:9B-1 et seq.).

As Chairman Smith noted on June 16 when the Resolution was released from the Environment Committee:

“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.”

It is time to affirm that support.

Respectfully,

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Liberty State Park Screwed By Sweeney Sellout

June 26th, 2015 No comments

Sweeney Quietly Abandons His Clean “Repair” Bill

Sellout Promotes Commercialization of Liberty State Park

Will Gov. Christie Sign A Bill To Commercialize A National Icon?

Liberty State Park was sold out (again) during back room legislative maneuvers in yesterday’s hectic last minute budget session.

We need to rehash a little recent history in order to make this maneuver understandable.

Recall that last year, the Legislature rammed through a bill to consolidate the Hackensack Meadowlands Commission with the NJ Sports and Exposition Authority.

Despite the fact that Liberty State Park (LSP) is not located in the Meadowlands, that bill included a provision that would give the new Meadowlands Commission jurisdiction over Liberty State Park, including a new role in developing the park.

LSP supporters, who successfully have fought privatization and commercialization projects in the park for decades, cried foul and mounted an effort to urge Governor Christie to veto the bill.

We tried to explain why that effort was useless, given Gov. Christie’s own Parks Privatization policy and his DEP’s secret promotion of commercialization plans, including masking them via a $120,000 park development study conducted by the private planning group NJ Future and a New York City development firm.

After the Gov. signed the bill into law, in an embarrassing sequence, Democratic legislators initially denied knowledge of the LSP amendments, then they said they had no intent to commercialize or develop the Park, and then they promised to fix the problem.

Assembly Speaker Prieto then sponsored a bill he claimed would repair the damage that he claimed was inadvertently caused by the Meadowlands consolidation bill he sponsored.

I explained why Prieto’s bill would not solve the problem, which could only be solved by a “clean” bill that simply deleted LSP from the Meadowlands Consolidation law and eliminated any role for the new Meadowlands Commission at LSP, see:

Senator Sweeney stepped in to save the day.

Sweeney’s bill – the introduced version, that is  – proposed to solve the problem by simply deleting LSP from the Meadowlands Consolidation law and eliminating any role for the new Meadowlands Commission.

Under this bill, the entirety of the provision regarding Liberty State Park would be removed from the law, leaving the commission with no authority or responsibility with respect to the park. 

Sweeney got good press for this, see:

Bill seeks to lift control of Jersey City’s Liberty State Park from sports agency

a bill by Senate President Stephen Sweeney would return all development powers at the park to the Department of Environmental Protection, which oversees the state park system. Although Governor Christie would be likely to veto it, Sweeney’s bill could disrupt the administration’s goal of helping to finance private development at the park in Jersey City.

Park advocates welcomed the new legislation.

The Sierra C lub praised Sweeney in a May 21, 2105 press release:

Sweeney Bill Protects Liberty State Park

Senate President Stephen Sweeney is sponsoring bill S2866 that would remove jurisdiction of Liberty State Park from under the New Jersey Sports and Exposition Authority. This bill would delete the section that gave the power to NJSEA and return power to New Jersey DEP Division of Parks and Forestry. The bill would also require any leases or concessions to go through appropriate public review. The Christie Administration’s goal is for private development in the park. The Sierra Club supports this new bill to remove the park from private control. We support bill S2866 because it helps to protect Liberty State Park.

Well, Sweeney may have wanted to protect Liberty State Park back in May, but yesterday, he sold LSP out by amending his bill to reflect the sham Prieto bill.

Despite enormous public opposition and a ton of media coverage, the Legislature has now explicitly sold out Liberty State Park TWICE, and lied about it both times.

There must be a powerful deal in the works to drive these kind of corrupt legislative maneuvers.

The Prieto bill passed both houses and is on the Governor’s desk.

Will Gov. Christie, in the midst of a Presidential campaign, sign a bill that would promote privatization and commercialization of a national icon?

I thank Howard Moskowitz, Esq. for bringing this to my attention. I was focused on yesterday’s Clean Energy/Climate Coalition event.

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Times In Sweeney – Christie Trenton

March 17th, 2015 No comments

sweeney

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Sweeney and Christie-Crats Throw Pinelands Legacy Under the Bus

February 24th, 2015 No comments

Sweeney Dems Support Christie Abuse of Power – Pipeline Retaliation Scheme

Senator Gill Invokes Christie’s Failure to Reappoint Supreme Court Justice Wallace

all of a sudden, we are expendable, no matter what our qualifications” 

Commissioner Jackson (center, speaking) showed leadership and integrity. For that, Gov. Christie is seeking his replacement.

Commissioner Jackson (center, speaking) showed leadership and integrity. For that, Gov. Christie is seeking his replacement.

[2/28/15 – Sweeney confirms criticism: Asbury Park Press reports: Sweeney defends role in Pinelands flap]

[2/26/15 – today’s Asbury Park Press editorial is even more critical than I am, superb, read the whole thing:

I put a photo of former Gov. Brendan Byrne at the top of my post yesterday – and one of former Gov. Florio at the bottom – for a reason: to signal that Gov. Christie’s nomination of Bob Barr for the Pinelands Commission was a test of whether the Democrats  would honor that 40 year legacy or go along with Governor Christie’s retaliatory scheme.

Today, we feature a photo of Pinelands Commissioner Jackson – first posted on Jan. 11, 2014 –  a thoughtful, independent, and principled man of courage and integrity.

I’m sad to say that the Christie-crat faction of the Democratic Senate- led by Senate President Sweeney who attended the hearing and was working the room pressuring Senators for support – were a total cowardly disgrace to that legacy.

Senator Gill

Senator Nia Gill

I was thrilled by – and applauded – Senator Gill’s principled opposition and her strong words, which invoked Gov. Christie’s outrageous disrespectful insult in not re-appointing Supreme Court Justice Wallace:

This is not about Mr. Barr.  But, if you want to make it about Mr. Barr and his qualifications, … it is clear that he is not qualified.

The larger issue here, is that we are doing here today what Gov. Christie did to Justice Wallace.

We are saying that Mr. Jackson is qualified, but Mr. Jackson is independent.

When he [Gov. Christie] did it to Justice Wallace, we stood together – He is removing the only African American to ever sit on the Commission.

And thereby removing any diversity or other voice to come to the table.

If we were principled enough to stand with Justice Wallace, then we should be principled enough today to stand and not let this go forward.

This is about power. This is about saying that if you disagree with Gov. Christie, you will be removed. […]

As a party of diversity, we will not vote to replace a person who represents not only diversity, but, like Justice Wallace, represents excellence, represents that ability to make an independent judgement.

That’s what Mr. Jackson does , and for that, you are asking us to cast this vote to ensure his removal.

We would not have cast a vote for the removal of Justice Wallace and we should not cast a vote here today in support of Mr. Barr and against all the principles that we stand for. Thank you. (huge sustained applause)

I was pleased by Senator Weinberg’s refusal to go along with what she called Gov. Christie’s attempt to tell Commissioner Jackson to “sit down and shut up”:

We are sending a message today that if you stand up and do something that this Governor doesn’t approve of, you are replaced or told to sit down and shut up.

Vote was 7-4 – Republicans mindlessly supported the Gov., with the exception of Republican Senator Bateman, who emphasized that he took his advise and consent role very seriously and felt that the Pinelands Commission was set up as an independent Commission. Bateman said:

I view this as stacking the deck when you don’t get the result you want.  … I feel that there is a heavy hand being played here…. I just feel that this is wrong. We’re crossing the line and doing a disservice to the integrity of the Pinelands Commission.

Chairman Scutari voted no, as did Democrats Gill, Weinberg (I could not hear how Stack voted).

I was disappointed by Environment Committee Chairman Smith’s abstention – not exactly a profile in courage.

Same thing for Senator Lesniak [***see update below], who was conveniently out of town and ducked a controversial vote that was mis-framed as IBEW union jobs versus special interest environmentalists. Lesniak’s absence allowed Senator Van Drew – champion of both the pipeline and Mr. Barr – to sit in and be the swing vote in favor of Barr.

Games like this should be seen as a disqualification for any Gubernatorial ambitions – by Sweeney and Lesniak.

Read the dirty politics and blow by blow in the Politicker NJ story.

The only good that could come out of today’s disgrace would be a split in the Democratic party, with progressive Democrats using this as a pivot point to take control of the party and reject the Christie-Crat intimidation and crony politics of Sweeney.

Foremr NJ Suprem Court Wallace - not re-appointed by Christie, but now hard at work as Chairman of the Joint Legislative Committee on Ethical Standards

Former NJ Supreme Court Justice Wallace – not re-appointed by Christie, but now hard at work as Chairman of the Joint Legislative Committee on Ethical Standards

Again, Senator Gill laid that eloquently and righteously right out on the line – what do Democrats stand for and who do they stand by?:

This is a very serious vote and I think it says a great deal about where we are as a party and what we stand for going forward.

It also says that there are some issues, where certain people – no matter what, no matter what qualifications they bring to the table – are expendable for larger political reasons – until they come back to your community and ask for your vote.

And that is what this also says to me.

We can either be fair weather friends, or we can be partners in a larger issue, in a larger struggle.

I see that they will come to our community for a vote, but when they have to vote for the principles upon which they espouse, then all of a sudden, we are expendable, no matter what our qualifications – be it Justice Wallace, or be it Mr. Jackson.

I will vote no..

Here’s my testimony in full: (I was speaking extemporaneously):

Good morning Mr Chairman and members of the Committee. Thank you for the opportunity. My name is Bill Wolfe, I’m from Bordentown and I’m here to oppose the nominee.

I want to make it clear at the outset that I think Mr. Barr is a fine man, that he’s done great public service, that he’s a good person.

What I say has nothing to do with Mr. Barr as an individual, other than, he comes to this committee in a large context.

Mr. Barr must be evaluated in context. That context is:

Mr. Barr is the Governor’s nominee.

This Governor has a pattern of retaliation and retribution when you cross his path.

This Governor has a policy of promoting gas in NJ, both at plants and through pipelines. His Energy Master Plan promotes that.

So you have a policy context that is very precise. And a we have a nominee that is selected to serve that agenda.

At the same time the candidate doesn’t have – what Tittel referred to as “intellectual curiosity” – but I would refer to as qualifications, experience, and knowledge, or even frankly interest throughout his life, on anything having to do with the Pinelands: history, cultural resources, natural resources, the Pinelands Management Plan – you name it.

I don’t think there’s anything in the record that shows he has qualifications – or even personal interest.

So, all this contextual baggage and Mr. Barr’s lack of qualifications put this committee on the spot: it’s now become a test of whether this committee will do the right thing on a non-partisan, non-ideoligical basis to preserve the integrity of the process, because the public expects the Judiciary Committee to advise and consent on the merits, not on the politics.

If you are inclined to vote in favor of this candidate, given his lack of qualifications and the context that I  just touched upon – and I’d be glad to elaborate in much more detail – then I think you are putting your own Senate position and this Committee in public disrepute, because that’s how obvious everything that’s going on here is.

Therefore I would appeal to you to do the right thing. Don’t bend to the political arguments you may be hearing as to why this individual should be appointed.

And if you do favor his candidacy, then at least go on the record with some substantive explanation as to his qualifications and to some evidence you find in the record as to his qualifications.

Realize that your actions today will establish a new standard – whether a high standard or a low standard remains to be seen – on both the qualifications for a candidate and it will set a new standard for whether a Governor can retaliate against a sitting independent Commissioner for policy and political reasons.

I’d be glad to answer any of your questions – I’d love to enter into discussion with any of you if you have any differences with what I’ve had to say.

[***Update – I just got a note from a friend asking me to correct the harsh words on Senator Lesniak, claiming that Lesniak was with us on this, worked Committee members in our favor, and that he was innocently in Florida, that Sweeney took advantage of his absence and would not let Lesniak be seated today, even after he hurried to get back to NJ especially for this vote.

I find that an interesting story, but since I have no first hand knowledge of that, I will stick with what I wrote, which is my judgement based on what I do know, which obviously is not everything. Readers can judge for themselves if Lesnaik took a pass, or if Sweeney is even a bigger problem here.  end update.]

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Gov. Christie’s Pinelands Purge Shifts Spotlight to Senate President Sweeney and Senate Dems

May 20th, 2014 No comments

[Updates: 5/24/14 – Star Ledger editorial raises very similar concerns as I do: “Don’t Let Christie Bully Pinelands Panel”:

Kirk Moore’s Asbury Park Press story: Christie Moves to Replace Pinelands Commissioners

Another pipeline critic, Bill Wolfe of Public Employees for Environmental Responsibility, said the move to get rid of Green shows the pressure on commissioners. In the run-up to the vote, Wolfe had questioned Green’s ownership of energy stocks on her state financial disclosure form, after the Christie administration forced another commissioner, environmental law professor Edward Lloyd, aside over ethics allegations.

“And as soon as she steps out of line, he (Christie) yanks her,” Wolfe said. “How can government do its job… if people who do their job with integrity, they can’t serve?”  ~~~ end update]

NJ Spotlight reports today that Gov. Christie has proposed to replace two Pinelands Commissioners who had the courage and integrity to buck the Gov., enforce the Comprehensive Management Plan,  and vote NO on his Pinelands pipeline, see:

The Gov.’s nominations require Senate confirmation.

This is a test of the integrity of Senate Democrats, particularly those on the Judiciary Committee who must vote to confirm the Gov.’s nominations.

I hope they do not roll over like they did on confirming Gov. Christie’s Highlands nominations (including Christie’s firing of the Executive Director).

Since then, the politics have changed completely given the Bridgegate scandal and the facts on the ground have changed as well.

The Gov.’s attempted replacements follow ugly strong arm tactics used in 1) the forced recusal of Commissioner Lloyd; 2) the replacement of deceased Commissioner Haas, before he was even laid to rest;  3) the nasty removal of Commissioner Ficcaglia; and 4) Gov. Christie’s veto of a proposed salary raise.

Christie also appointed the Executive Director of the Commission – a former NJ Builders Assc. lobbyist – so his control is almost total.

These replacements are clearly done in a retaliatory manner. This must stop.

The Gov.’s action is totally unacceptable intimidation and it undermines the independence of the Pinelands Commission, and all “in but not of” independent Commissions.

It is gross abuse of raw Executive Power that must be blocked.

The Spotlight is on Senate President Sweeney and Chairman Scutari and members of the Judiciary Committee to speak out now and refuse to confirm these nominees.

The message:

Block the Gov.’s retaliatory abuse of Executive Power – Purge Politics are no longer tolerated.

Preserve the independence and integrity of the Pinelands Commission and all independent Commissions.

Honor the rule of law, not corrupt corporate crony power politics.

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