WolfeNotes.com

I’ve not been following the NJ Gov.’s race, but after reading today’s NJ Spotlight story about the Obama visit and endorsement, I thought I’d look at Murphy’s environmental issues agenda.

I was particularly pleased by the the Obama event’s valid and strong criticisms of Trump, including this statement by candidate Murphy:

“In 19 days, the world is going to be looking at New Jersey,” he said. “In 19 days, the world is going to look and see what kind of politics do we believe in, what kind of community do we believe in, what are our priorities, what are our values, what do we want to teach our kids what kind of message do we want to send to them?”

So, I thought I’d take Murphy up on his observation and see what kind of  politics and policies he believes in.

The headline to this press release immediately caught my eye: Labor & Environmental Leaders Give Strong Support to Sheila Oliver for Lieutenant Governor.

Obviously, it is important to know who Murphy views as an “environmental leader”.

That’s when I almost fell off my chair in reading this:

Kelly Mooij, Political Chair, New Jersey League of Conservation Voters Board:
“Phil Murphy chose an environmental steward in Assemblywoman Sheila Oliver, who joins the Democratic gubernatorial ticket as a candidate for lieutenant governor. Like Murphy, the former Assembly speaker from Essex County is a strong supporter of environmental protections and is prepared to lead New Jersey on key environmental issues like clean energy, climate change, and removing lead in drinking water … We believe Murphy and Oliver will work tirelessly to improve the quality of the air, drinking water, and open spaces for all New Jersey residents to enjoy.”

Does the Murphy campaign or the candidate himself know that Ms. Mooij serves as Vice President for Governmental Affairs at NJ Audubon?

And that NJ Audubon has a “partnership” with Donald Trump at his Bedminster Golf Course?

Aside from the many reprehensible outrages of Trump, that golf course has been the focus of significant critical national press attention, e.g. “Secret Service Spends $13,500 on Golf Cart Rentals on Trump’s Bedminster Golf Trip.

Read NJ Audubon’s own website, which brags about the Trump deal, as part of its “Corporate Stewardship” program: 

TRUMP NATIONAL GOLF CLUB SIGNS 10-YEAR AGREEMENT FOR WILDLIFE CONSERVATION ON ITS BEDMINSTER, NJ COURSE

.

I challenge the Murphy campaign to distance themselves from NJ Audubon and repudiate the Trump-Audubon deal.

Based on the recognition of and reliance on Ms Mooij as a “leader”, I question whether the Murphy administration will enact corporate friendly “corporate stewardship” policies that groups like NJ LCV and NJ Audubon support.

Where is the press corps on these controversial issues?

Where is NJ Spotlight, who almost exclusively covers environmental policy in NJ?

NJ Natural Gas SRL Pipeline Next In Line

Climate catastrophe buried under the rubble of pipeline lies

[Update below – Order based on fact error!]

The trite saying goes: if you’re in a hole, it’s best to stop digging.

Go tell that on the Pinelands Commission, who today dished out even more shovels seemingly in search of bedrock.

After being rebuked by the NJ Appellate Division for violating the Pinelands Act and CMP as a result, in part, of allowing their Executive Director to run roughshod over them and publicly blasted by 4 former Governors and a former Executive Director, major NJ newspaper Editorial Boards, massive protests, and over 6,000 critical public comments, one would think the Commission would be humble and proceed deliberatively.

One would be wrong.

Instead, the Commission denied a request by the Pinelands Preservation Alliance (PPA) to stay construction of the controversial South Jersey Gas pipeline approved by the Commission on February 24, 2017 pending the outcome of the PPA’s legal challenge.

Adding insult to injury, in doing so, the Commission repeated past abuses by adjourning into secret executive session and then rubber stamping a previously drafted Order and Resolution, all before any opportunity for the public to review the draft Order and Resolution and comment to the Commission on the matter before they voted.

Commissioner Lohbauer opposed the Resolution and he spoke out to agree that PPA’s stay request was valid. Lohbauer agreed with PPA’s claims that – should the SJG pipeline commence construction – 1) the Pinelands would suffer irreparable harm, particularly due to risks to surface and groundwaters; 2) that the Commission violated the due process rights of the public and the Pinelands Protection Act and Administrative Procedures Act by excluding many people from testifying and failure to amend the CMP in response to the Court’s remand prior to voting; and 3) that the underlying SJG approval issued by the Commission was flawed because the SJG pipeline did not meet the standard in the CMP that the pipeline primarily serve only the interests of the Pinelands.

Lohbauer did not agree with PPA’s claims that Commissioners had conflicts of interest.

Lohbauer’s NO vote was supported by Commissioners Ashmum, Lloyd, Prickett, and Rohan-Green. They lost by an 8-5 vote.

The Commission again got blasted by the public not only for their approval of the SJG pipeline, but for numerous other actions that undermined the public’s trust and confidence in the Commission and the integrity and independence of the Pinelands Commission and the Comprehensive Management Plan.

Commissioner Jannarone was criticized for her SLAPP suit against 14 people who submitted comments on her real estate firm’s Facebook page.

Chairman Earlen tried to stop my testimony on this topic – I refused and forcefully objected to his attempt to suppress my testimony. What a jerk.

Commissioner Barr was criticized for his press statements prior to the vote where he announced his support of the pipeline – 3 days before his colleagues were to deliberate and vote on it – and based on irrelevant and “ultra vires” factors, like job creation, local tax revenues and economic development. Barr needs to read the CMP and his sworn oath to protect the Pinelands!

Apparently, the PPA’s stay request also alleges conflicts of interest by Commissioner Chila due to his relationship with the IBEW union, who supported the pipeline aggressively and Commissioner Barr had conflicts due to his role as Treasurer of the Cape May Democratic Party, who, among other things, received IBEW contributions in support of candidates that supported the pipeline.

I explained to the Commission that NJ Ethics law is based on an “appearance” standard – all that is needed is a fact based reasonable appearance of a conflict – not an actual substantive conflict – to trigger restrictions.

During the general public comment period, I also blasted the Commission for failure to make any progress on the issue of climate change or implementation of the water restrictions recommended by the Kirkwood – Cohansey Project – or to charge applicants adequate fees to budget or fill 22 professional vacancies. I’ve written about these issues before so hit the links or do a word search if you are interested in the details.

I cited the recent USGS phenology mapping initiative as a model framework for the basic science and monitoring initiative that is long overdue to document and assess climate impacts on Pinelands ecosystems.

Emile DeVito, PhD, of NJCF reiterated the urgency to stop ongoing destruction by off road vehicles and offered some interesting testimony in support of my climate remarks, citing his research on monitoring snakes and the timing of their hibernation. He strongly recommended that regulatory timeframes designed to protect the species be revised to reflect climate impacts.

At the end of the meeting, Commissioner Lohbauer thanked the public for excellent testimony and he went out of his way to agree with me that climate change needs to be addressed. Now how ironic is that?

Commissioner Avery, after being called out for his misleading and false comments about a recent PJM Order related to the BL England plant (more forthcoming on that issue), then responded to some public criticism about his vote and claimed the CMP does not have “standards” to address climate change.

I explained to him after the meeting about the difference between “numeric standards” and “narrative standards”.

The CMP is loaded with narrative standards that require the application of the best available science, best professional judgement by the experts, and the exercise of discretion by the Commissioners within the scope of the Pinelands Act.

The “equivalent ecological protection” standard the Commission applied to the SJG MOA is just one notorious “narrative standard” – that is one among hundreds in the CMP.

[Update: 4/12/17 – In case refers of Avery don’t quit understand, the NY DEC denial of a Water Quality Certificate for a proposed pipeline turned on “narrative standards” ~~~ end update]

Avery is a hypocritcal slippery snake – a man with enough knowledge to plausibly lie.

Chairman Earlen left early, but not before apologizing to Commissioners Barr and Jannarone and Executive Director Wittenberg for the alleged threats they received from pipeline opponents.

What a crock of Bullshit: Jannarone is abusing the legal process to intimidate critics and suppress their free speech rights.

Chairman Earlen – and others like Senator Van Drew – are seeking to criminalize free speech and dissent by equating it with harassment and threats. Thus the 3 State Police officers present at a routine and civil meeting.

My goodness, even the NY Times – no radical rag – gets it. Add the Gov. Christie [R] Pinelands Commission to this growing list:

• Across the Country, a Republican Push to Rein In Protesters

All for now – the NJNG SRL is the next pipeline coming down the pike.

Will the Commission stop digging?

We doubt it.

[Update: I just read the Order adopted by the Commission today. I must note an egregious fact error.

On page 20 of the Order it states: (boldface mine):

“In addition, the only complaint the Commission received prior to the meeting regarding the venue size mistakenly believed it could only accommodate 120 people.” 

That statement is factually in error, as evidenced by the January 4, 2017 email  below I submitted to Commissioner Lohbauer, which was also submitted to the Commission’s public comment website portal, which explicitly objected to a lack of “adequate capacity”, among other things:

“I demand that the Commission select a civic building with adequate capacity to allow meaningful comment.”

While this comment was submitted in the context of the initial church location, the concern about the need for “adequate capacity to provide meaningful comment” was NOT location specific.

Here is the complete email:

On January 4, 2017 at 1:29 PM Bill WOLFE <bill_wolfe@comcast.net> wrote:Commissioner Lohbauer:

I just submitted the comment below to the Commission’s website. I urge you to intervene and remedy this situation.

Dear Commission:

I just received your email advising me of a change in location for the scheduled Jan 24 public hearing.

I find it offensive to have to sit in pews and testify in a Catholic Church – as well as an inappropriate and unconstitutional state endorsement of a specific religion.

I demand that the Commission select a civic building with adequate capacity to allow meaningful comment.

Additionally, the change in location would require additional public notice.

Bill Wolfe

Additionally, I blogged about and documented this issue and concern in a on January 14, 2017 post at Wolfenotes, see:

http://www.wolfenotes.com/2017/01/pinelands-commission-pulls-bait-and-switch-on-pipeline-hearing-location/

More to follow. ~~~ end update]

Promised turbine manufacturing jobs blowin’ in the wind

“Bipartisan” NJ Democrats got played by Gov. Christie on wind

Lessons for negotiations with Trump?

At a time when the Trump administration is under harsh criticism for relationships with Russia and is advocating an “America First” economic policy that seeks to erect barriers to imports as a means to expand US manufacturing jobs – including reviving US coal and steel manufacturing – NJ Democrats are celebrating importation of Russian steel.

Repeat: NJ Democrats are celebrating importation of Russian steel. Given the current context, that’s incredible on “optics” and poor policy as well. (the Port currently employs only “40 to 50 people”).

Maybe that kind of thinking helps explain why NJ manufacturing jobs are in free fall? And why trade unions are being manipulated and lied to by those same South Jersey Democrats who promise jobs as cover for ramming pipelines down our throats? (see:

• Pipe Dreams – The False Promise of Local Pipeline Jobs

But am I the only one to note the irony and hypocrisy in all the hoopla surrounding the hyped Paulsboro Port story? (which just so happens to ignore the Russia controversy, US jobs and the Port’s wind history):

• First import of Russian steel arrives at new Paulsboro port

On Wednesday, Doric Warrior made its final leg of a long journey to Paulsboro from Russia. The ship, 230 meters long, carried the first shipment of steel to the Paulsboro Marine Terminal. Crews worked tirelessly to unload some of the steel before Senate President Steve Sweeney and Assemblyman John Burzichelli, the men who envisioned and backed the port since day one, would welcome guests to mark the occasion. …

“This port is generational,” said Sweeney. “This port will sustain families for years to come.”

Burzichelli noted that the 700 workers employed to prepare the grounds, construct the port and unload the steel racked up roughly $25 million in payroll.

But aside from the huge contradiction between Trump and NJ Dems, does anyone recall the promise of wind jobs for that port?

South Jersey Biz (February 2012)

The port will be designed to handle various cargos. For example, wind turbines—a proposed tenant—could arrive at the port for assembly and ship back out fully constructed.

In 2010, Gov. Chris Christie went to the site of the port to sign the Offshore Wind Economic Development Act, a bill that provides market-based credits for offshore wind production. The bill—which was co-sponsored by Burzichelli—helped create an offshore renewable energy certificate (OREC) program that requires a certain percentage of electricity sold in the state to be wind energy manufactured offshore. The legislation also made it clear that Paulsboro would be the preferred hub for turbine assembly.

“Offshore wind would obviously be a great fit for Paulsboro,” Castignola says. “That would be a true perfect fit and almost fill up all of [the port], and put to bed in terms of space what we’ll be able to do there. It would be a great opportunity if that occurred.”

NJ Biz: (April 2013)

“The New Jersey Energy Link will help move New Jersey on a path towards greater grid reliability and lower power costs,” said Assemblyman John J. Burzichelli. “This feasibility study shows what the South Jersey Port Corporation has been working so hard on for years, to make the Paulsboro Marine Terminal a driving force for creating jobs and becoming a manufacturing hub for the offshore wind industry for the state.”

Or of the political commitments by Senator Sweeney and Assemblyman Burzichelli:(3rd Legislative District website)

• Senator Sweeney and Assemblyman Burzichelli worked in 2010 to pass the “Offshore Wind Economic Development Act,” which established an offshore wind renewable energy certificate program, and authorized the Economic Development Agency (EDA) to provide tax credits for qualified wind energy facilities in wind energy zones. This legislation is critical to the Port of Paulsboro project, and will be instrumental in bringing jobs into New Jersey.

The Democrats blamed Gov. Christie for the failure to realize wind, see:

• DEMOCRATS BLAME CHRISTIE’S NATIONAL AMBITIONS FOR STANDSTILL IN OFFSHORE WIND

“I honestly believe that it’s being held up by national politics,” said Senate President Stephen Sweeney (D-Gloucester), standing outside the fence of the Paulsboro Marine Terminal, a site offshore wind proponents hope will become a hub for green manufacturing jobs associated with the sector.

Of course, Gov. Christie is to blame – but I also blame  Sweeney and the “bipartisan Democrats” for being totally naive – or complicit – in negotiating with the Gov. and for failure to pay attention to the details of the wind legislation they signed off on.

The off shore wind gambit was obviously a Christie cynical bait and switch – just like the false promises he made to the NJ Environmental Federation to secure their 2009 endorsement.

From day one, providing the Christie BPU with virtually standardless unfettered discretion to determine “net economic benefits” (the cost test) and veto wind was so obviously fatally flawed.

Which takes us to the current situation national Democrats face in negotiating an infrastructure program with the Trump Administration and Republicans in Congress.

Will national democrats get suckered like their NJ counter-parts?

Immediately after the election, we predicted they would:

The first issue to cement this coalition and illustrate this strategy is likely to be infrastructure, where timid corporate Democrats will be promised union infrastructure jobs in exchange for huge corporate tax cuts.

Of course, the Trump infrastructure deal will include privatization (“public-private partnerships”) and unrelated items like deregulation, attacks on unions, Wall Street financing giveaways, and environmental rollbacks too. (Obama already set the stage for all that with his Executive Orders to “streamline” NEPA and environmental reviews of infrastructure projects. Congressional Democrats – including corporate Wall Street Dems like Cory Booker – have already introduced “public private partnership” infrastructure bills, just like NJ State Democrats supported Gov. Christie’s privatization of water infrastructure and anti-democratic elimination of prior local voter approval requirements).

But Trump has been severely weakened since then by a series of scandals.

Still, we are not optimistic.

Some Democrats are desperate for restoring relationships with the traditional labor base – those “forgotten working class” voters – and will fall for any line of bullshit that promises “jobs”.

Some Dems are Trump collaborators (e.g. those facing 2018 elections that voted for his Cabinet nominees), some share Trump’s policy views on corporate subsidies, privatization, Wall Street finance, and/or “public – private partnerships”, and some are just plain cowards.

Time will tell.

But there are remarkable parallels between Trump and Christie – the environmental policy and politics are virtually an echo – and it would be reckless and stupid for the national Democrats not to learn from that experience.

Catholic Church Location Raises Separation of Church & State Issues

I just got an email from the Pinelands Commission advising of a change in location for the upcoming January 24, 2017 public hearing on the controversial South Jersey Gas pipeline. The email reads:

The New Jersey Pinelands Commission has rescheduled its next monthly meeting from January 13th to January 24th and will hold the meeting in the Parish Centre at St. Ann’s Catholic Church in Pemberton Township, NJ. The changes in date and location were made in response to public comment asking for additional time and a larger meeting space.

Aside from throwing a monkey-wrench into the efforts of pipeline opponents to publicize and generate turnout for the hearing (e.g. printing fliers, postings and alerts to social media, etc about the prior location that all must now be corrected), the Commission’s change in venue raises at least two major concerns.

First, a Catholic Church is a totally inappropriate place to hold a public hearing.

A Church location is offensive to some – myself included – and it raises legal issues of an unconstitutional State endorsement of religion, in violation of the “establishment clause” of the First Amendment:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

I fired off the following note to the Commission:

Dear Pinelands Commission:

I just received your email advising me of a change in location for the scheduled Jan 24. public hearing on the SJG application.

I find it offensive to have to sit in pews and testify in a Catholic Church – as well as an inappropriate and unconstitutional state endorsement of a specific religion.

I demand that the Commission select a civic building with adequate capacity to allow meaningful comment.

Additionally, the change in location would require additional public notice.

Bill Wolfe

Second, the change in location requires a brand new formal public notice. (Update: disregard – apparently the Commission has issued another public notice).

Finally, the cancellation and rescheduling of the Commission’s regular January 13 meeting reduces the public’s opportunity to comment on the pipeline. The public would have had an opportunity to organize and comment at the Jan 13 meeting – that won’t happen now.

I urge others who share my concerns to contact the Commission and demand a civic location, i.e. public building, with adequate capacity, additional hearings, and a meeting time suitable to those who work (i.e. the 9 am time is also totally inappropriate).

In celebration of Senator Sweeney’s declining the Governor’s race – which just so happened to coincide with Bob Dylan’s receipt of the Nobel Prize in Literature – we play on his words.

As I’ve previously written, the Off Shore Wind Energy Development Act (OWEDA) is based on flawed economics and contained a poison pill that allowed Gov. Christie’s appointed energy industry cronies at BPU to kill the development of off-shore wind.

This poison pill is known as the “cost test”.

Gov. Christie duped Senate President Sweeney by suggesting a false commitment to develop off shore wind and in state manufacturing jobs associated with making NJ the east coast home of windmill manufacturing. (Christie used the same lie to secure the endorsement of the NJ Environmental Federation).

Here’s how and DEP Commissioner Martin – a former energy industry consultant – and Gov. Christie sold OWEDA:

The bipartisan measure will spur economic growth in the Garden State through the development of renewable energy resources and the creation of green jobs.  The legislation will establish an offshore wind renewable energy certificate program (OREC) and will make available financial assistance and tax credits from existing programs for businesses that construct manufacturing, assemblage and water access facilities to support the development of qualified offshore wind projects.

“The Offshore Wind Economic Development Act will provide New Jersey with an opportunity to leverage our vast resources and innovative technologies to allow businesses to engage in new and emerging sectors of the energy industry,” said Governor Christie. “Developing New Jersey’s renewable energy resources and industry is critical to our state’s manufacturing and technology future.  My Administration will maintain a strong commitment to utilizing energy as industry in our efforts to make our State a home for growth, as well as a national leader in the windpower movement.”

“This is a terrific step for New Jersey,” said DEP Commissioner Bob Martin.”It makes us a leader environmentally, while at the same time providing New Jersey with a major economic boost from jobs that surely will be created by this green industry. Certainly, we would rather have wind turbines, and the environmental and economic benefits they offer, than oil rigs off the coast of New Jersey.”

“We are far ahead of most other states in developing a technology that is better for the environment and will help the state’s economy,” Commissioner Martin said.

Measure that spin in light of reality 6 years later.

Gov. Christie never had any intention of developing off shore wind – instead, we got the opposite of renewable energy: 5 new natural gas plants and a proliferation of gas pipelines.

Incredibly, the Gov.s climate change denying – anti-renewable and pro-gas policy agenda – was announced in plain sight – 3 months prior to passage of OWEDA – in the BPU Energy Master Plan.

The OWEDA deal is paradigmatic of Christie’s corrupt “transactional” deals with NJ’s Machine Democrats (Norcross in South Jersey and Joe D. in Essex County/North Jersey).

Senate President Sweeney was the puppet who implemented these corrupt deals.

Perhaps had he not been such a Norcross and Christie Puppet, Sweeney would still be a candidate for Governor.

Like I said, the answer to those questions in Blowin’ In OWEDA.

[End Note: As I said, OWEDA is paradigmatic of Sweeney – Christie dirty deals

I could cite many more, like the Pinelands pipeline, the sellout on the Legislative veto of DEP flood hazard rules, and the most recent and perhaps most egregious that has flown under the media radar: appointment of a chemical industry rep on the Drinking Water Quality Institute.]