NJ enviros get their day in court over RGGI withdrawal


New Jersey Superior Court’s Appellate Division will hear arguments tomorrow morning in Trenton on whether
the Christie Administration illegally repealed the rules implementing the
Regional Greenhouse Gas Initiative (RGGI), a pioneering regional agreement to
limit carbon pollution from power plants. 

The
program was developed by New Jersey and nine other northeastern states in 2005
and first implemented in 2009. In May 2011, Gov. Christie unilaterally
withdrew New Jersey from the program–the only state to leave the regional
collaboration. 


Environment New Jersey and the Natural Resources Defense Council filed the lawsuit 20 months ago, claiming that the Christie Administration never gave the public an official
opportunity to voice their opinion on the repeal of the rules implementing the
landmark program.
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The Regional Greenhouse Gas Initiative, or RGGI, is a cap-and-trade program adopted by nine Eastern states in which power companies must purchase credits through public auctions for every ton of carbon their plants emit while generating electricity. Revenue from the sale of credits goes to the states to invest in renewable energy programs. 

The January 8 hearing is scheduled for 9:30 a.m. in the 5th Floor Appellate
Court Chambers of the Hughes Justice Complex in Trenton.

Recent posts: 

Hundreds of water complaints filed in fracking states


NJ enviros get their day in court over RGGI withdrawal Read More »

Environmental attorney Todd Terhune gains promotion

Todd W. Terhune
The Wolff and Samson law firm has announced that Todd W. Terhune has become a Member of the Firm.

Terhune practices in the
firm’s Environmental and Real Estate, Development and Land Use Groups where he advises clients on a wide range of environmental transactional and regulatory
compliance matters that arise in connection with real estate and business transactions,
or as a result of regulatory action. 

Specifically, Todd’s
practice focuses on brownfield development projects, environmental due
diligence, site remediation, ISRA compliance and environmental permitting. He
appears regularly before the New Jersey Department of Environmental Protection
and the United States Environmental Protection Agency. 


Prior to becoming an attorney, Todd was an environmental engineering consultant and focused on environmental due diligence, soil and groundwater contamination assessment, environmental permitting, and landfill gas assessment and control. Todd’s technical background has proven to be an added asset when negotiating technically-driven legal issues with environmental consultants, LSRP’s, regulators and adversaries. During law school, Todd served as a law clerk to the USEPA.
Wolff and Samson, a 120-member firm, has its headquarters in West Orange, NJ and also has offices in Trenton and New York City
Recent posts: 

Hundreds of water complaints filed in fracking states

Environmental attorney Todd Terhune gains promotion Read More »

Hundreds of water complaints filed in fracking states

"In at least four states that have nurtured the nation’s energy boom, hundreds of complaints have been made about well-water contamination from oil or gas drilling, and pollution was confirmed in a number of them, according to a review that casts doubt on industry suggestions that such problems rarely happen, the Associated Press reported today.
The news agency said it had “requested data on drilling-related complaints in Pennsylvania, Ohio, West Virginia and Texas and found major differences in how the states report such problems.”
“Texas provided the most detail, while the other states provided only general outlines. And while the confirmed problems represent only a tiny portion of the thousands of oil and gas wells drilled each year in the U.S., the lack of detail in some state reports could help fuel public confusion and mistrust.
"The AP found that Pennsylvania received 398 complaints in 2013 alleging that oil or natural gas drilling polluted or otherwise affected private water wells, compared with 499 in 2012. The Pennsylvania complaints can include allegations of short-term diminished water flow, as well as pollution from stray gas or other substances. More than 100 cases of pollution were confirmed over the past five years."

Read the full story here

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Here’s your complimentary copy of today’s EnviroPolitics

Highlands Council seeking consultant for fiscal analysis
 
 
 
 

Hundreds of water complaints filed in fracking states Read More »

Pa Supreme Court delivers big setback to shale drillers


The natural gas drilling industry and its friends in the Pennsylvania Governor’s office and General Assembly were dealt a major setback today when the state’s supreme court ruled that municipalities can determine when and where to allow drilling within their boundaries.


"The 4-2 ruling Thursday undoes the state’s attempt — passed as Act 13 in February 2012 after years of debate — to create uniform rules and allow drilling in all types of neighborhoods in every municipality statewide. Without those new rules going into effect, municipal governments will be able to block off some, though not all, of their neighborhoods from drilling and subject drillers to reviews before issuing them drilling permits," Pittsburgh Tribune-Review‘s Business Writer Timothy Puko reports.

South Fayette in Allegheny County and Cecil, Peters, Mt. Pleasant and Robinson in Washington County led the group that sued to strike down the state limits on local control. The municipalities argued that by limiting those powers, the law unconstitutionally barred them from protecting residents and property rights by keeping drilling away from schools, parks and businesses.

The 162-page Supreme Court decision spoke at length of the state’s history of environmental degradation, and decreed that the state does not have absolute power over municipalities in terms of environmental protection. Act 13 puts municipalities in direct conflict with their constitutional power to protect the environment, the court said, ruling that the state overstepped its powers by trying to apply uniform rules to all municipalities.

To put it succinctly, our citizens buying homes and raising families in areas zoned residential had a reasonable expectation concerning the environment in which they were living, often for years or even decades,” Chief Justice Castille wrote. “Act 13 fundamentally disrupted those expectations, and ordered local government to take measures to effect the new uses, irrespective of local concerns.”

Read a copy of the ruling here Act 13 was shepherded through the Legislature by Republican leadership in both houses
and warmly received by GOP Governor Tom Corbett, an drilling industry enthusiast.

What happens now?

Puko writes that the ruling "could trigger a flurry of activity from drilling industry lobbyists and lawyers, experts had said as they awaited the high court’s decision. The industry likely will pressure state lawmakers to try again at streamlining rules that can differ across all of the more than 2,000 municipalities in Pennsylvania. With the case settled, there’s also the specter of new court challenges."

We’ll have a lot more on this story in the days ahead.


For more now, read:
 

Pa Supreme Court delivers big setback to shale drillers Read More »

The Pinelands gas pipeline controversy gets interesting


                                                                                                 Philadelphia Inquirer photo by Akira Suwa

**Two additional related stories added below post at 3:25 p.m.** 

Until recently, the efforts of environmental groups to prevent the construction of a natural
gas pipeline through a section of in the New Jersey Pinelands might have been dismissed
as a case of green groups taking an extreme position on a parochial issue.

An announcement yesterday involving four former governors, however, capped off a series
of recent events that combined to heighten awareness of the issue and widen the debate.

What initially was a South Jersey story began attracting greater notice over the last few weeks when:

1. The New Jersey Board of Public Utilities (the state agency with which corporate utility presidents and their attorneys are more familiar) worked out a deal under which the South Jersey Gas company would pay $8 million to the Pinelands Commission for various green projects. The Commission, in turn, would grant a waiver from its regulations that do not permit such new developments, allowing the pipeline to proceed. Critics immediately denounced the proposed memorandum of agreement as a “bribe” and “pay to play.”

2.  The Pinelands Commission held an evening public hearing on the BPU proposal in a small room, forcing many opponents to wait outside in the cold and limiting those who
found a seat inside to only three minutes of testimony each. The freeze-out only increased the temperature of those opposing the project

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3.  Ed Lloyd, one of commissioners who had been vocal in his questioning of the pipeline, received a call from two members of the State Attorney General’s Office who advised that he recuse himself from the debate since an organization that Lloyd was associated with (the Eastern Environmental Law Center) had petitioned the Commission for additional public hearings. Opponents took this as proof that the administration of Republican Governor Chris Christie had chosen sides and was using political pressure to get the pipeline approved.  

The most dramatic turn of events, however, took place yesterday when environmental activists announced at a State House news conference that four former New Jersey governors are calling for the pipeline be rejected.

Brendan T. Byrne, Thomas H. Kean, James Florio and Christine Todd Whitman signed a letter to the Pinelands Commission,arguing that allowing the line to proceed might undermine the rules protecting and preserving the 1-million-acre reserve.

“We share a deep commitment to the Pinelands as one of New Jersey’s most precious resources, and to the Pinelands Management Plan as the nation’s most successful program to save vulnerable natural resources in the context of a crowded and vibrant state,” the governors said in the letter.

“The current proposal would compromise the integrity of the Pinelands plan and serve to encourage future development contrary to the vision the plan sets out for growth and conservation in the Pinelands.”

If commission members were uncomfortable about their impending decision before now they’ve got four previous governors looking over their shoulders. Two Democrats—Byrne and Florio—and two Republicans—Kean and Whitman. Of course, the only governor who really counts at the moment is Chris Christie who has direct-appointment authority over seven members of the 15-member commission.

What’s it all about? At issue is a proposal by South Jersey Gas to run a 22-mile natural gas pipeline from Maurice River Township in Cumberland County to the polluting, coal-fired BL England plant in Cape May County’s Upper Township. Without switching to gas, the plant won’t be able to meet newer NJDEP air standards and must close.

South Jersey Gas contends that the region needs the plant to meet future energy demands and notes that most of the proposed route is along paved roads and rights of way that would not impact endangered or threatened plants and wildlife.

Read more about the Pinelands pipeline in these environmental news stories:
Four Former NJ Governors Oppose Pinelands Pipeline ProjectFour ex-governors oppose pipeline Former governors join opposition to Pinelands pipeline – Burlington County Times
Green groups coming to Trenton with Pinelands in mind – EnviroPolitics Blog
NJ Pinelands gas pipeline touted; Commissioner tossed 
– EnviroPolitics Blog

Proposed Natural Gas Pipeline Would Cut Through Pinelands – NJ Spotlight
Letter to the Editor: Facts Support Approval of Natural-Gas Pipeline Proposed Natural Gas Pipeline Would Cut Through Pinelands – NJ Spotlight
Cape May Freeholders Support Pinelands Pipe … – New Jersey 101.5
Residents speak out for, and against natural gas pipeline installation – NBC40
 
What’s your view? Is a decision being rushed? Does the environmental value of substituting cleaner-burning natural gas for coal mitigate other potential harm? Are environmentalists ignoring the state’s longer-term energy needs? What role is politics playing? Who gains? Who loses? Should the commission vote yes or no?

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Committee holds LSRP bill when NJDEP fails to testify
 


The Pinelands gas pipeline controversy gets interesting Read More »