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Gov. Christie Joins Rats in Raritan (No Joke)

September 8th, 2010 No comments
NJ Gov. Chris Christie (Jan. 2010 at Inagural)

NJ Gov. Chris Christie (Jan. 2010 at Inaugural)

Governor Christie is holding a Town Hall meeting today in Raritan Township, the second in his “government reform” campaign.

The campaign kickoff was yesterday, just coincidentally on the same day the Assembly held oversight hearings on his $400 million education funding debacle, so some have called the whole thing a diversion.

But that is dangerous – because there is a perverse Christie policy agenda that is escaping scrutiny.

I realize that clean water and public health stories don’t rise to the level of political scandal in NJ news circles, but Christie’s Raritan visit should shine a light on a recent controversy in Raritan Township that has statewide consequences. That dispute is a perfect example of how Christie’s agenda is “A Race to the Bottom – with No Brakes or Steering Wheel“.

The Raritan Township Committee recently became an outlaw by defying DEP stormwater management regulations (see: Raritan Twp. Committee rejects requiring dumpster covers; faces DEP penalties)

Remarkably, the Town picked a fight over DEP requirements for lids on garbage dumpsters, which are designed to minimize production of that foul liquid called leachate.

Leachate not only smells horrible, it pollutes nearby streams and attracts rats and other disease carrying vermin.

So basic 19th century public health measures are at stake in DEP’s regulations.

Raritan would rather return to 19th century conditions than comply with DEP – the epitome of the Christie reform agenda.

Even more remarkable is that Town Council members are fully aware of this and still refused to comply, calling DEP regulations an “unfunded state mandate“.

Here’s a flavor of the gutter level of the debate:

After [Committeeman] O’Malley voted no, when asked by another committee member whether he “felt good” that the municipality is now out of compliance, he said “Yeah, I do.”

Since 1900 Dumpsters haven’t been covered and we’ve managed to survive,” O’Malley said, smirking.

[Committeeman] Kuhrt said water from Dumpsters brings rats and leads to health hazards.

This entire dispute hit the local newspapers, which I’m sure made Raritan Township residents proud. Raritan, home of the defiant Rat Brigade!

So, transitioning from local events, let’s get back to Christie’s “reform agenda”.

Christie issued Executive Order #4 which deals with “unfunded mandates” back on his first day in Office. That Order invited exactly the irresponsible, ideologically driven, rebellion that is going on in Raritan:

WHEREAS, the New Jersey State Government has imposed such unfunded mandates in order to improperly transfer responsibility for providing certain services to local governments, in an effort to meet the State’s balanced budget requirement;

So, after manufacturing a bogus issue to divert from the real causes of local property tax increases,  the League jumped on the Christie bandwagon.

Many of the “state mandate” targets of the League are environmental requirements.

Democratic Assemblyman John McKeon, also [**sorry, former] Mayor of West Orange, chairs the Environment Commitee which held hearings last week (see: “Race to the Bottom – With No Brakes or Steering Wheel.  McKeon seemed to be competing with his local colleagues to see who could be more foolish in rolling back state requirements.

Of course the League of Municipalities’ panel of local officials didn’t mention the embarrassing Raritan case.

Instead, the League used their key witness, the Mayor of Hamilton Township (Mercer County) to attack the DEP stormwater regulations.

That choice of Hamilton mayor was hugely ironic, because Hamilton Township is doing a horrible job implementing those regulations.

An outstanding recent Report by the Delaware Riverkeeper focuses on Hamilton. NJ licensed professional engineers reviewed the Town’s performance and found serious violations that have contributed to flooding and water quality decline. (see: “New Jersey Stormwater Management Implementation – A Case Study of Hamilton Township

And here’s the Raritan story – read it and weep :

Raritan Twp. Committee rejects requiring Dumpster covers; faces DEP penalties

RARITAN TWP.- The Township Committee defeated a motion to adopt an ordinance requiring Dumpsters to be covered to prevent health hazards; the measure had been mandated by the state Department of Environmental Protection (DEP) so now the township is out of compliance with its discharge permits.

The ordinance would have required that Dumpsters that are outdoors or exposed to storm water be covered to prevent prohibiting “spilling, dumping, leaking” so contents do not end up in the storm sewers.

“We didn’t want this, we were required by the DEP,” Township Administrator Alan Pietrefesa told a resident who was concerned how the township engineer’s office would be able to enforce the ordinance.

“Since 1900 Dumpsters haven’t been covered and we’ve managed to survive,” O’Malley said, smirking.

Kuhrt said water from Dumpsters brings rats and leads to health hazards.

http://www.nj.com/hunterdon-co…

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Christie DEP Says Your Life is Worth $404,103

July 27th, 2010 No comments
Gov. Christie Inaugural - who and what did he swear to protect?

Gov. Christie Inaugural - just who and what did he swear to protect?

Don’t let Sarah Palin and her Teabagging Death Panels get wind of it, but it’s Official:

After prudent deliberation, the Christie DEP just decided that your life is worth less than $404,103.

Impossible? Hardly.

The DEP itself highlighted the point in explaining why DEP had refused to set a drinking water standard for radioactive contamination:

The state should not be sitting on this information,” said Bill Wolfe, a former DEP official who is the group’s New Jersey director. “Officials need to warn affected homeowners that they may need treatment systems or that they have the wrong systems.”

DEP spokesman Larry Hajna rejected the suggestion that the agency has been sitting on the information. The report was part of an ongoing process, with information posted on the DEP website, while the private well data results from a state law, he said.

“We definitely know there’s a problem,” he said. “We’re developing this information and working to protect the public.”

He pointed to the report’s cost-benefit analyses for various levels of stringency. The 800 picocurie standard would cost an estimated $404,103 per life saved.

[click on for full story: “Radiation rampant in New Jersey well water“]

Since his first day in Office, when Governor Christie signed Executive Order #2, which, among other things, mandated that cost benefit analysis (CBA) be applied to all DEP regulations, we have been writing to warn the public about how that would undermine protection of their health and environment.

Those warnings have been completely ignored by not only the press, but by NJ’s environmental advocates.

Worse, some so called advocates, including but not limited to Dave Pringle of the NJ Environmental Federation, have actually praised the Governor for his cost benefit analysis policy and welcomed its implementation at DEP.

Well, now that DEP itself has confirmed the use of CBA and illustrated the real consequences of what had previously been largely my theoretical critique of what CBA means, perhaps those folks might reconsider.

Let me be blunt here: DEP says they would rather knowingly let you die a painful death of cancer, than require treatment to remove radiation from your drinking water if it costs more than $404,103.

At a 70 year lifespan (the exposure time-frame used for DEP risk assessments), that amounts to just $15.81 per day, or 66 cents per hour!

That’s not even close to minimum wage, dude!

Talk about Death Panels.

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Christie Earth Week Day 2: Back Door Man

April 21st, 2010 6 comments
Governor Christie takes the oath of office at his innagural. I wonder if he's given any thought to what kind of world will his children and grandchildren inherit?

Governor Christie takes the oath of office at his inaugural. I wonder if he's given any thought to what kind of world his children and grandchildren will inherit? Was that in the oath?

Christie’s did not discuss his cuts of $158 million from the Clean Energy Fund, which is funded by utility customers for programs that reduce greenhouse gases, and from other funds designated to save energy. He declined to take questions from reporters, leaving immediately after his speech via a back door. (Star Ledger 4/21/10)

I was going to write today about DEP Commissioner Martin’s games in Trenton yesterday, but just read that the Star Ledger reports that Governor Christie announced his new “business friendly” “energy and environment” policy at a highly unusual Rutgers “forum” yesterday.

The backdrop for the “forum” was Christie’s  wrecking ball to NJ’s renewable energy and global warming programs (see: CHRISTIE SHREDS NEW JERSEY CLIMATE CHANGE PROGRAMS — Kills Emission Reporting, Diverts Green Energy Fund & Defunds Climate Office and his assault on regulatory protections under the guise of eliminating “Red Tape” (see: CHRISTIE TO AXE JERSEY POLLUTION AND PUBLIC HEALTH RULES — “Red Tape Review Group” Issues Hit List of Regulations to Toss or Water Down

Let’s just say the Governor didn’t fool anyone, including Star Ledger reporter Abby Gruen, who rightly nailed the Governor multiple times in her story, in unusually good reporting.

Preferring to write my own material, I don’t usually do this kind of media analysis, but because this particular story raises so many important issues, lets break it down:

Right up front, the story sets the context for the speech, by providing an allusion to the elephants in the room I linked to above as the backdrop:

In one of his first policy addresses since presenting his budget, Gov. Chris Christie yesterday unveiled a business-friendly energy and environment plan at a forum sponsored by Rutgers University.

The unusual nature of the “forum” is made clear, properly informing readers and urging them to ask obvious questions:

Speaking to a small crowd at the State Theater in New Brunswick, Christie said that energy is an “engine of industry.”

Questions like: Why a small crowd small for such critical public policy issues during Earth Week? Rutgers knows how to turn out people for credible policy forums.

The NJ Environmental Federation, a panel member, knows how to organize and publicize an event and generate turnout. Why wasn’t this Governor’s policy level global warming related “forum” widely publicized by NJEF?

My sense is that this was a last minute, by invitation only, purely political event developed by the Governor’s Office and rammed down Rutgers’ throat in order to create a false appearance of academic legitimacy and substance to the Governor’s non existent “energy and environmental policy”. The Environmental Federation kept a low profile to avoid a protest by angry environmentalists, who can see through the spin and green cover that NJEF is providing the Governor.

The fact of the matter is that Christie – by his own admission – has no energy and environmental policy. His transition team recommended that he abandon the comprehensive Energy Master Plan developed over a 4 year period by the Corzine Administration, ironically with significant technical support from Rutgers University, the sponsor of this sham “forum”. Shame on Rutgers for legitimizing this political stunt!

He [Christie] said he and his administration will also be reviewing the 2008 Energy Master Plan over the next three months, but did not specify what changes would be made.

In addition to having no energy policy and abandoning good policy of the EMP, the Governor is slashing over $300 million in energy conservation, renewable energy, and global warming mitigation funds (not just the $158 million report by the Ledger). His budget zeroed the DEP Office of Climate Change, responsible for developing programs and regulations to implement the Global Warming Response Act and his regulatory moratorium killed a DEP proposed green house gas emissions monitoring regulation.

The Ledger story then captures the essence of this purely political stunt:

“The Lieutenant Governor and I are setting up a regulatory environment that is friendly to business,” Christie said.

In a nod to Earth Week, Christie said that his environmental policies will not be “incompatible to having a growing economy.”

Struggling to fill a $13 billion budget gap, and acknowledging that his cuts have made him unpopular in the polls, Christie said that when the state’s finances were in order he would move forward on other priorities, like the environment.

The emphasis on business in his energy address was welcomed by industry.

“We haven’t had that kind of attention paid to business in a while,” said Sara Bluhm, a spokeswoman for the New Jersey Business and Industry Association.

We heard the pretext about how the economy is driving his budget cuts and deregulatory moves on the environment. But the facts of the matter are:

1) because 80% of DEP’s budget comes from federal funds, and polluters fees and fines, there are virtually no taxpayer savings to be had by cutting DEP’s budget;

2) the Clean Energy Fund creates thousands of new jobs and supports hundreds of small businesses in NJ. These will be destroyed by the Christie cuts, thus harming the economy Christie claims to be promoting;

3) weakening DEP regulations costs NJ taxpayers and does nothing to stimulate economic development. NJ’s strict environmental regulations not only spur productivity growth and attract private investment in innovative technology, they match federal funds. Most importantly, strict regulations protect NJ’s “natural capital”, generating $20 billion/year in revenues and provide significant public health benefits – the best documented are the health care costs of hospital admissions triggered by air pollution, mostly in urban NJ. Those costs will rise substantially as New Jersey experiences far more 90-100 degree “bad air” days due to global warming (see this for complete NJ global warming impact assessment). Furthermore, there have been no credible studies that  show that NJ’s regulations harm the economy – instead, virtually all professional economists blame the Wall Street financial meltdown for causing the economic recession. Ironically, that Wall Street collapse was caused, in part, by the same deregulation and lax  government oversight policies Christie is promoting.

4) global warming is a crisis we are already experiencing in NJ, via increased coastal storm damage and major inland flooding. The economic costs of global warming will be in the billions, and the longer we delay responding, the larger those costs and impacts will get. So Christie’s policies are extremely shortsighted and highly irresponsible.

So, given how reckless and unjustified the Governor’s policies are on energy and the environment, we can understand why the Governor took the back door:

Christie’s did not discuss his cuts of $158 million from the Clean Energy Fund, which is funded by utility customers for programs that reduce greenhouse gases, and from other funds designated to save energy. He declined to take questions from reporters, leaving immediately after his speech via a back door.

But what we can’t understand is why Dave Pringle and the NJEF continue to provide cover for this Governor, given what we know thus far:

“It is significant and a positive sign that the governor sees energy policy as important and a means to grow us out of the economic problems we are in,” said David Pringle, campaign director for the New Jersey Environmental Federation, who was a panelist.

“That’s why we are so concerned about the cuts to the Clean Energy Fund because it is our seed money to grow the economy.”

That continuing cover is disgusting, because we know that Dave and the NJEF Board are aware of this (*Note: to avoid any confusion per anonymous comment, the below quote is from WolfeNotes.com not the above Star Ledger story, although this should be obvious to readers by how my original used the link and specification of the term and link to “of this” as a preface, which very clearly sourced and linked the quote below it to my own blog, not the Ledger piece. This is standard blogging convention and sound journalistic practice. Additionally, I prefaced virtually all of the Ledger story content with intro material clearly sourcing it. And if the “anonymous” commenter thinks I have no credibility, he/she should put their name on that kind of BS comment!)

“[DEP Commissioner] Martin’s “fresh look” at DEP science already: 1) killed a proposed greenhouse gas monitoring rule, 2) abandoned a drinking water standard for the chemical perchlorate, 3) twisted the findings of an EPA funded air toxics study in Paterson, 4) moved to gut DEP Vapor Intrusion requirements, 5) issued Administrative Order 2010-3 which delayed and weakened water quality management rules, and 6) signaled to a Court a plan to nix the Highlands septic density standards, the core of water resource and land protection in that region.

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Christie’s Authoritarian Shock Doctrine for NJ’s Environment

January 24th, 2010 No comments

Inaugural Symbols and Executive Orders Reveal an Authoritarian

Christie example of the growing presence of conservative authoritarianism”

[Updates below]

It was hard to miss the symbolism of the cannons and national guard troops at last week’s Inaugural for Governor Chris Christie.

At a time when the US is at war in 4 countries across the globe and 11,000 US troops dispatched to Haiti are being criticized for militarizing a humanitarian rescue mission, it was a disgraceful and inappropriate show of force at a civic ceremony.

IMG_6508Does Christie long to be the first “war time” Governor?

I spoke with several senior State Police security officers and veteran Statehouse political pundits working the event, and none could recall cannon and Guard troops at any previous Governor’s Inaugural.

Not since Al Haig, in the wake of the 1981 assassination attempt of President Reagan, infamously declared “I’m in control here“, do I recall such a vividly revealing and embarrassing display.

Star Ledger columnists Tom Moran, in his Let’s Hope Christie’s Bark is Worse than his Bite and Paul Mulshine in his The prosecutors vs. the people of New Jersey both have vaguely hinted at what’s wafting through the Trenton air. (Mulshine, BTW, was the only writer to note Christie’s 19 gun salute).

But let me be blunt: Christie is an authoritarian.

In the must read book Conservatives Without Conscience, former Nixon lawyer and conservative Republican John W. Dean (yes, the Dean of Watergate repute) warned of what he called “the growing presence of conservative authoritarianism“:

Conservatism has noticeably evolved from its so-called modern phase (1950-94) into what might be called a post-modern period, and in so doing it has regressed to its earliest authoritarian roots. Authoritarianism is not well understood and seldom discussed in the context of American government and politics, yet it now constitutes the prevailing thinking and behavior among conservatives. Regrettably, empirical studies reveal, however, that authoritarians are frequently enemies of freedom, antidemocratic, antiequality, highly prejudiced, mean-spirited, power hungry, Machiavellian, and amoral. They are also often conservatives without conscience who are capable of plunging this nation into disasters the likes of which we have never known.” (p. xii) [emphases mine]

With this Dean warning in mind, and now that the Inaugural symbols have been backed by Christie’s own words, let’s shift gears from Christie’s temperament and focus on environmental policy, which was at the center of Christie’s first official acts in issuing 8 Executive Orders in the first hour of his first full day in Office [more to follow on substantive analysis of EO 1-4 in subsequent posts].

Briefly, for our purposes here, I will say simply that those Orders represent a radically different view of the role of government in environmental protection, and that they would substantially alter the institutional arrangements, principles, priorities, standards, and substantive policies that have guided NJ environmental policy for decades. As such, by demolishing existing institutions and regulations, and crippling the effective power of government viz a viz the private sector, they have the potential to permanently set back progress on the environmental and public health front at precisely the moment we need to be doing far more to sustain the health of the planet and NJ landscape.

Although I am loath to use the term, this could be a transformational change in the wrong direction. One example should suffice to illustrate the huge stakes involved: just one legal memo from Christie Whitman’s EPA General Counsel set back the efforts to regulate and reduce greenhouse gas emissions by more than 10 years! A lost decade! (see Robert Fabricant’s August 2003 Memorandum denying that the EPA has authority to regulate carbon dioxide under the Clean Air Act. Download PDF.

Or consider that Christie’s transition Teams are calling for the elimination of the Highlands Council (loss of land to development is forever), abandonment of the Energy Master Plan, more in state power plants & transmission lines, and scaling back stream buffers from 300 feet to 150 feet (just to name a few).

These Executive Orders were preceded by the nomination of Bob Martin as DEP Commissioner. Martin is a retired corporate executive, who has no environmental training or experience. Martin worked for the consulting firm, Accenture, that was spun off just before the collapse of parent corrupt accounting firm Arthur Anderson (who cooked the books in the Enron criminal scandal). Martin’s firm is notorious for exploiting off shore corporate tax shelters, privatizing government services, downsizing firms, and off shoring US jobs. Martin himself is a strong advocate of “cost benefit analysis” as a basis for policy.

The Martin nomination and Executive Orders were followed by the Friday afternoon (bury the news) release of the Environmental Protection Transition Report. This Report can only be described as an across the board all out attack on DEP as an institution and on environmental protections. [more to follow on substantive analysis of the Transition Report]. Here’s how a well respected moderate long time environmental colleague described it:

Seems that this is a bunch of tea-bagger, low grade right wing, poorly considered and hallucinatory crap.  God help us if ANY of this pile of lies makes it into policy.  It is absolutely scandalous that this kind of ill informed, ideologically driven demagoguery is being represented at this level of government.

The policy context for the Christie Administration can be described as a man made disaster: deep global economic recession, high unemployment, record rates of personal bankruptcy and home foreclosure, and a structural $6 billion state budget deficit. Across the nation, there is a huge political battle raging, as populist sentiments explode in response to deeply unpopular Wall Street bailouts and betrayal of Main Street.

The free market paradigm and de-regulatory pro-corporate policy that created the Wall Street collapse and economic crisis have begun to shift.  Not unexpectedly, corporate power is deeply resisting, supported by Republicans, corporate democrats, and various Tea Bagger faux populist movements.

Here in NJ, business groups and builders have long sought to use the economic crisis to rollback environmental protections and scapegoat DEP.

The corporate agenda was well described in New York Times best seller “The Shock Doctrine by Naomi Klein. Klein described

“orchestrated raids on the public sphere in the wake of catastrophic events, combined with the treatment of disasters as exciting market opportunities as “disaster capitalism“.

Klein’s book exposed in detail how deeply unpopular pro-corporate policies are cynically and opportunistically rammed through during times of crisis. For example, in the wake of Katrina, right wing forces pounced on the “opportunity” to attack government and impose a corporate agenda and privatize government services:

Katrina was a tragedy, but as Milton Freedman wrote in his Wall Street Journal op-ed, it was “also an opportunity.”. On September 13, 2005 – 14 days after the levees were breached – the Heritage Foundation hosted a meeting of like minded ideologues and Republican lawmakers. They came up with a list of “Free-Market Ideas for Responding to Hurricane Katrina and High Gas Prices” – 32 policies in all, each one straight out of the Chicago School playbook, and all of them packaged as “hurricane relief“. The first three items were “automatically suspend Davis-Bacon prevailing wage laws in disaster areas“, a reference to the law that required federal contractors to pay living wage; “make the entire affected area a flat-tax free enterprise zone”; and “make the entire region an economic competitiveness zone (comprehensive tax incentives and waiving of regulations).”. Another demand called for giving parents vouchers to use at charter schools. …

The meeting produced more ideas that gained presidential support. Climate scientists have directly linked the increased intensity of hurricanes to warming ocean temperatures. This connection, however, didn’t stop the working group at the Heritage Foundation from calling on Congress to repeal environmental regulations on the Gulf Coast, give permission for new oil refineries in the United States and green-light “drilling in the Arctic National Wildlife Refuge”. All these measures would increase greenhouse gas emissions, the major human contributor to climate change, yet they were immediately championed by the president under the guise of responding to the Katrina disaster. (p. 518-519) [emphases mine]

Does any of this sound familiar to the Christie agenda that is about to be imposed on New Jersey?

Welcome to the Shock Doctrine and Christie’s disaster policy.

Some argue that a constitutional crisis refers to a turning point in the health and history of a constitutional order“, which emboldens some politicians to play constitutional hardball. Similarly, I believe that we are approaching an environmental policy crisis, as the Christie administration plays hardball and prepares  to radically alter the rules of the game and destroy the existing order on behalf of their business clients.

Let’s hope the press, the Democrats, conscientious DEP employees, and environmental groups wake up in time and organize an opposition to block this assault.

Repeating my December 22 warning: this is no time for inside games:

In this economic and political context, progressive communities need to seek common ground in order to circle the wagons for the oncoming onslaught of the Christie Administration.

Update #1 – this would be funny if it weren’t so dangerous: the Star Ledger reports that Christie apparently feels he can put the NJ BIA and Chamber of Commerce in the “penalty box”, while Senator Kyrillos just declared “a new World Order”. Really. Pathetic. What’s next, the stockade? Public flogging? Where the hell does Kyrillos think he is, in High School?

“These organizations have shown a lack of political resistance to organized labor, to the (Democratic) majorities in the Legislature, to the partisans in the executive branch and the governor’s office,” said Kyrillos.

“Shame on them for caving in to conventional wisdom that the Democrats would continue to control the state. They did not serve their constituency. Now it’s the new world order.”

[Update #1: 2/11/10: looks like the message is starting to sink in – from today’s Bergen Record:

Stile: Combativeness may hurt Christie Thursday, February 11, 2010 – end update]

[Update#2 – 10/15/11 – I said Christie was an authoritarian: http://tinyurl.com/yc3xjak

Here’s more evidence – AG says NJ cops can use stun guns: http://tinyurl.com/43af2z3

 [Update #3: 7/29/13 – almost 4 years later, Christie’s support of Government spying more evidence of his authoritarian nature. Doblin opinion piece:
“These esoteric, intellectual debates — I want them to come to New Jersey and sit across from the widows and the orphans and have that conversation. And they won’t, because that’s a much tougher conversation to have,” said Christie.
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Environmental Justice Leader Says Gov. Murphy “Doing A Really Good Job” On Climate And The Environment

November 5th, 2022 Comments off

Remarks Almost A Caricature Of Ineffective Activism

But hey, he’s got some great posters!

Screen Shot 2022-11-04 at 9.36.02 AM

NJ Spotlight reporter David Cruz’s show “Chat Box” featured a very interesting conversation with “environmental and social justice activist Marcus Sibley and Jeff Tittel, former director of the New Jersey Sierra Club, [who] talk about climate change and the environment in the state.”(listen, segment starts at time 13:35).

At the outset, I must note that Mr. Sibley was not properly identified – he works for the Northeast Office of the National Wildlife Federation as Director of Conservation Partnerships. His boss is my old friend Curtis Fisher, formerly head of NJ PIRG and an environmental policy advisor to Gov. McGreevey.

To give you just 2 quick examples of how far my friend Curtis has fallen from his current well feathered roost up in Maine at the NWF from when I worked with him in NJ: [also see End Note]

1) Curtis ran a campaign opposing the Whitman administration’s deregulation of energy. He toured the State and held protest events with a flatbed truck with a 30 foot tall screw under banners “You’re Screwed!” Where have those bold activist tactics gone?

2) Curtis served as inside champion and diplomat for my work at DEP and Jeff Tittel’s at Sierra Club to convince Gov. McGreevey to back the Highlands Act. It wouldn’t have happened without him. Where has the focus on strong legislative standards gone?

Now, at NWF, Curtis’ NJ partner is Exxon Mobil backed NJ Audubon. Yikes! How the mighty have fallen.

I also note that I was previously Policy Director or NJ Chapter of Sierra Club and worked with Jeff Tittel for more than 6 years and maintain a friendship with him.

There is no better conversation to illustrate what’s wrong with the current situation, particularly the approach of what passes for today’s environmental activists and the destructive role of identity politics (as I’ve written many times, what professor Nancy Fraser calls “Progressive Neoliberalism”).

The conversation began with a Cruz question to Tittel as to whether NJ has made any progress since Sandy.

Tittel accurately and bluntly described the situation:

No. In fact I think we’ve gone backwards because we’ve allowed all this development to happen down the shore in some of the most vulnerable areas when it comes to sea level rise and storm surge. … We built back a lot of hat was destroyed by Sandy in the same location, … so we’re really becoming more vulnerable.

Mr. Sibley was then asked for his views. He contradicted Tittel’s devastating critique with this:

I think, I think we’re doing a good job. There’s always more work that can be done. We’ve definitely acknowledged what’s been causing these storms

What. The. Fuck? Strike 1.

Sibley was then asked to identify the biggest collective success and failure coming out of Sandy. He replied:

I’ll start with the biggest failure. We really don’t understand how we have to meet this moment. We are in a climate crisis. … The biggest success is that we see what’s been happening in a  lot of low and moderate income black and brown communities. The flooding that happened under Sandy has been happening in black and brown communities all along.

What? Where do you begin to deconstruct that?

Happening all along? Sandy was a 1,000 year storm that killed 38 people in NJ. It caused $37 billion in damage.  That scale of destruction clearly has not “happened all along” in poor black and brown communities. There was no racial component to Sandy’ storm surge and flood elevations. It is true that poor, black and brown people frequently live in the most hazardous locations and least desirable real estate, but the magnitude of Sandy literally swamped those discriminatory land use practices (pun intended). The EJ land use issues are clear, they don’t need to be exaggerated by false Sandy claims.

We “don’t understand”? There is no lack of scientific, technical, legal, and financial understanding on how to “meet this moment”, both to reduce greenhouse gas emissions, transition to renewable energy, and mitigate some of the worst impacts (excluding extreme heat, which is an existential threat to human survival).

The current Murphy DEP Commissioner also likes to blame the public and claim there is a lack of public awareness. Former Corporate lawyers and bureaucrats always point the finger – diverts from their failures.

Tittel  provides an opposite take on that same question:

The success is public awareness of climate change and flooding. The failure is that we haven’t stemmed the tide or come anywhere close … we’ve just barely begun to scratch the surface. Even though we have a lot of public support we have to get the political will to make climate change one of the top issues facing the voters and holding politicians accountable to make sure they actually do things and not just give lip service. 

But, it gets even worse. Much worse.

Cruz then tries to stop the bleeding and bail Sibley out with a softball question about neglect of urban areas.

Sibley’s reply was pretty good in describing disproportionate environmental and health impacts in poor, black and brown communities. I completely agree with him, but he lacked any specifics or any linkages to what DEP is doing in permit programs and failure to implement the seriously flawed EJ law.

[Before readers assume my criticisms stem from a clueless, racist, old white man privileged perspective, check out how I write and talk about these urban EJ issues, and have done so for a long time, certainly long before the major Foundations began grant funding and the National Wildlife Federation did, e.g.

Screen-Shot-2021-04-06-at-2.27.42-PM2

Take a look at all these toxic emission sources – and this is not counting the Port, which creates regional impacts. All that toxic pollution isn’t just blowing over to Staten Island! Inmates and staff of Essex County jail are being “air boarded” every day! (We’ve heard about episodes of waterboarding at Guantanamo and torture at Abu Ghraib, but not about daily “toxic air boarding” at Essex County Prison.)

Cruz then asks Sibley why politicians are not responding and here’s where Sibley starts to go off the rails, and badly.

Sibley correctly notes that the core issue is political power. I agree.

But Sibley blames the victims for their lack of power! And he ignores the corporate criminals and their government puppets!

And he blames social justice activists who seek “more attention” and focus on things like police violence at the expense of “investing” in climate.

Sibley neglects to mention real problems. According to Sibley (by what he says and doesn’t say), the problem is not powerful corporation, billionaires, captured government, a rigged system, and corrupt politicians. The problem is not Gov. Murphy and the DEP and the NJ legislature. The problem is not a depleted lapdog stenographic corporate owned media who fail to cover the stories and hold the powerful accountable. The problem is not totally ineffective but well funded co-opted cheerleading environmental groups. The problem is not fake activists who play inside games and give politicians passes and political cover. The problem is not because the activists have abandoned traditional activism in favor of DEP “Stakeholder” meetings, press events with the Governor, and social media and identity politics. No, it’s none of that.

No, the problem is those poor black and brown people who don’t vote hard enough for politicians who provide no more than “lip service”. It’s those activist who seek “more attention” and are “not invested” in climate and EJ issues.

Sibley provided this deeply troubling assessment:

Politicians are not talking about it because they don’t feel this group has enough political power. It all comes down to power. So this is why we encourage all communities to get out and vote and not only vote to hold people accountable. … We have the numbers to make change, but a lot of people aren’t really invested in this particular topic because other topics give more attention. So, like police brutality is a police issue. That will get more attention than pollution, but pollution, air pollution specifically, is killing more black people than anything. This is one of those issues where we have to make sure we’re focused on social justice and policy brutality and criminal justice issue. But we also have to get engaged in what’s happening with our climate because that’s just as important.

Sibley then gets the political manipulation by politicians correct, but in doing so he went on to even more pointedly blame the victims and other social justice activists, while ignoring and giving a pass to those who hold real economic and political power:

Because we aren’t focusing our attention on it [climate] like we should, politicians think that they can just come around, 3 or 4 weeks before an election, hug a couple of people, shake a couple of hands, and that counts as their engagement with the community. So the community has to do more to show that they are viable.

You mean hug a few people and shake some hands like Gov. Murphy and DEP Commissioner LaTourette repeatedly do with members of NJ Environmental groups and EJ activists? Strike 2.

Cruz then asks Tittel if the environmentalists need a “Super PAC”, which of course Tittel dismisses as he lays out what kind of activism works (a backhanded criticism of current environmental groups who back Gov. Murphy and DEP):

We got things done because we showed up. … We need to go to the streets, we need to go to the barricades, we need to protest, we need to lobby.

We got a lot of important things done in this state because we stood up to the politicians and we made the environment an issue. We didn’t just sit and go to meetings where they get a chance to tap dance around us. We actually grabbed power by being politically active…. We have to not only get to the streets we have to mobilize … like we were doing before COVID with some of the student groups around the country that were demonstrating.

Now here’s where Sibley’s total collapse comes.

After Tittel just explained what works, what does not work (e.g, insider games and meetings) and the absolute imperative to hold government officials and politicians accountable, Sibley said this in response to Cruz’s question on “the environmental record of the Murphy Administration”:

I would say that the Murphy administration is doing a really good job.

A heckofajob! (Sibley here sounds more like the man Cornel West called the “black mascot of Wall Street” than his poster heroes Baldwin and Malcolm!)

After the Murphy administration diverted millions of renewable energy funds, has seriously harmed NJ’s solar industry  – leading the industry to fear “collapse” – and just days after the Murphy BPU punted on financing off shore wind transmission and PSE&G publicly threatened to terminate their investment in off shore wind, amazingly, Sibley then said this:

There’s been absolute investments in off shore wind and and other renewable energy sources. So we’re excited about that.

Sibley, despite Tittel’s direct criticism, then exposed the harm from playing inside games and elevating identity politics above policy:

I’m fortunate to be on a couple of coalitions that work directly with the Governor’s Office to make sure we putting the input and that equity is at the forefront of everything that we’re doing. So, in that regard, the Governor’s Office has been absolutely open to feedback and criticism at times as well. But also, we need to continue to push because incongruent decisions are made. So, on one end, we’re pushing toward renewables but in the next sentence we will make a reinvestment in a fossil fuel project….

I truly believe that we can continue to make these investments and work together, we could help the planet and help the people that have been exploited.

Strike 3, you’re out, Mr. Sibley (but nice tie, handkerchief, and posters!)

[I wonder if Mr. Sibley and his coalitions were invited to the Gov.’s decision briefing meetings on his $1 billion PSE&G nuclear bailout (increasing at $300 million/year), or the amendments gutting of the EJ bill, or expansion of the NJ Turnpike, or permits for LNG export, or denial of Empower NJ’s petition for rulemaking to impose a moratorium on new fossil infrastructure, or the many flaws in the BPU Energy Master Plan, or the DEP’s massive Clean Water Act water quality standards “variance” loophole, or DEP’s Pinelands logging plan, et al]

Tittel then further embarrasses Sibley and sets the record straight on the Murphy administration’s record:

I think the Murphy administration has been a lot of talk and no action. Every major Christie rollback, from costal rule to dealing with flooding, are still in place … 5 years after he became governor and 4 years after he promised to get rid of those rules and replace them with stronger rules. We’re still working under the same rubric of Gov. Christie rollbacks, giving out [DEP] permits in places we shouldn’t build. (more)

Off shore wind is good, but there’re no guarantee that any of that off shore wind is going to replace any on shore fossil power plants. At the same time thee Governor talks about off shore wind, [DEP] is permitting fossil projects throughout the state. … So there’s been a lot of talk …. but we have to see deliverables. It’s 10 years after Sandy and we have yet to see one rule proposed and adopted that actually deals with climate change across the board. We have to reform our coastal programs that are still pro-development and don’t look at flooding from climate change. And it’s across the board. And unfortunately I think that the Governor likes to play to the audience, but there have to be deliverables and the deliverables are not there yet and time is running out for us and for the planet.

Ouch!

And the NJ Spotlight producers/editors obviously get it, because Tittel’s remarks were made against video showing environmental cheerleaders embracing the Gov. during his toothless Executive Order signings!

[End Note: If you’ve gotten this far, you must be a wonk, so 2 more points that can take Curtis off the false pedestal I created and more accurately portray Curtis Fisher and shed more light on his compromises:

1. Curtis was involved in all the political deals that paved the way for passage of the Highlands Act, including a score of amendments that significantly weakened the introduced version of the bill I was involved in drafting, S1, including something like 17 exemptions!

2. During the Whitman administration, before Tittel arrived at Sierra, I was Acting Director. Whitman DEP supported and the legislature passed a really bad “Grace Period” bill that would have gutted DEP enforcement. Here’s Whitman confirming what that bill was all about in her US Senate Confirmation testimony as Bush EPA Administrator in a typical Whitman highly misleading response to a Question by notorious climate denier Senator Inhoffe:

Rather than giving them a letter or a notice of violation immediately with the fine attached, we go to them saying, these are the problems. This is what is happening. How are you going to clean it up? What can we do to work with you to clean it up? We give them a grace period in which they can resolve the problem, without resorting immediately to the threat of fines and sanctions.

But here’s the accurate description of Whitman in the New York Times of December, 26, 2000 (``Two Grades, One Record,” pps. 1 & 26.):

. . . she cut its budget (NJDEP) by 30 percent and laid off hundreds of workers. She ordered that State regulations be no more stringent than Federal rules. And she cut inspections, eliminated penalties and introduced grace periods for violators, to the point that collections of environmental fines plunged 80 percent. Adopting the motto “Open for Business,” Governor Whitman eliminated the environmental prosecutors Mr. Florio had introduced, and replaced a public advocate’s office, which had at times sued the State on behalf of environmental groups, with a business ombudsman’s office to guide businesses through the permitting process. And she sought to move away from punitive measures toward voluntary compliance. (P.26)

After the Grace Period bill passed, I took the lead and wrote the environmental community’s letter to Whitman requesting that she veto the bill.  The letter flagged 7 fatal flaws. We got a meeting with Whitman’s Chief of Staff Eileen McGuiness. Curtis was there and at the time, he was a Trenton leader, while I was a relative newbie in ENGO circles, after a decade at DEP.

She went around the room, seeking a compromise, and asked for each group to priorities 1 or 2 issues that the Gov. might include in a Conditional Veto (CV). When it was my turn, I insisted on all 7 issues in the letter. McGuiness got red faced angry. She said we were not going to get everything we wanted and that the meeting was over if I insisted on all 7. I remained at the meeting.

About a half hour later, at the end of the meeting, McGuiness again surveyed the group seeking 2 or 3 priority issues. Again, when she got to me, I insisted on 7.

In the Statehouse hallway after the meeting, Curtis angrily chewed me out for violating negotiating basics, and said I harmed his and everyone’s credibility.

But I knew I was right, I knew the bill was very bad, and I was not going to comprise and cut any dirty deal.

And Whitman did issue a CV and it included every single one of my 7 demands!

The legislature concurred and the bill was enacted into law and it still sucks, but it could have been much, much worse, especially if people had followed Curtis’ compromised political instincts.

Here’s Curtis leading his pack of cheerleaders at Gov. Murphy’s second inaugural in some corporate venue in the NJ Meadowlands. It’s kind of the opposite of that classic scene where Emerson tries to bail Thoreau out of jail for not paying his taxes. Emerson says, Henry, what are you doing in there? Thoreau replies: Ralph, what are you doing out there? Curtis and friends: what the hell are you doing in there?

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