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?

Recent blog posts: 
Here’s your complimentary copy of today’s EnviroPolitics
Highlands Council seeking consultant for fiscal analysis
Green groups coming to Trenton with Pinelands in mind 
Capitol Hill Calendar: December 17-19, 2013  
Monday looks like a honey of a day in NJ Ag Committee  
NJ Pinelands gas pipeline touted; Commissioner tossed
   
Committee holds LSRP bill when NJDEP fails to testify
 


The Pinelands gas pipeline controversy gets interesting Read More »

Here’s your complimentary copy of today’s EnviroPolitics

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Our newsletter, EnviroPolitics, is read every business day by the region’s leading environmental attorneys, engineering firms, consultants, trade association execs, state and local regulators and lots of other people who need to stay on top of energy and environmental news, legislation and regulations but are short on time.

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Questions? Shoot an email to Editor@EnviroPolitics.com. We’ll respond promptly.

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Highlands Council seeking consultant for fiscal analysis

Attention environmental consultants looking for a fiscal analysis project!

 
The Highlands Council is soliciting proposals from consultants or consulting teams with expertise in fiscal impact analysis and economics to complete a Fiscal Impact Assessment of the Highlands Act and associated Regional Master Plan to inform a Regional Master Plan Monitoring Report, which the Council intends to prepare.

Proposals should be received no later than 5 p.m. on Friday, January 31, 2014.

 
 

Recent blog posts:
Green groups coming to Trenton with Pinelands in mind
Capitol Hill Calendar: December 17-19, 2013 
Monday looks like a honey of a day in NJ Ag Committee 
NJ Pinelands gas pipeline touted; Commissioner tossed  
Committee holds LSRP bill when NJDEP fails to testify 

Highlands Council seeking consultant for fiscal analysis Read More »

Green groups coming to Trenton with Pinelands in mind

A coalition of environmental organizations plans to rally on the steps of the State House at noon Wednesday to press for rejection of a proposed natural gas pipeline through a section of the Pines.

The enviros say they’ll "release an important letter and deliver thousands of petitions to the Governor’s Office."
The  Pinelands Preservation Alliance, New Jersey Sierra Club, Environment New Jersey, Environmental Federation, and Food and Water Watch all object to the possibility that members of the the state Pinelands Commission might vote on January 10 to waive their rules and allow South Jersey Gas to build a natural gas pipeline to supply the B. L. England power plant.

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The plant currently operates on coal and is a major source of air pollution in South Jersey. Plant operators say they will be forced to close the facility unless the pipeline is built to supply them with cleaner-burning natural gas for fuel. 

The coalition contends that the pipeline would violate the Pinelands Plan, which forbids using the Forest Area as a transit route for pipelines and similar infrastructure.

Green groups coming to Trenton with Pinelands in mind Read More »

Capitol Hill Calendar: December 17-19, 2013

Capitol_Hill

 
Hearings on Energy and Environment Issues and Legislation

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TUESDAY, DECEMBER 17, 2013


 
SENATE ENERGY AND NATURAL RESOURCES
10:00 a.m. SD-366
Business meeting to consider the nominations of Steven Croley, of Michigan, to be General Counsel, and Christopher Smith, of Texas, to be an Assistant Secretary for Fossil Energy, both of the Department of Energy, and Esther Puakela Kia’aina, of Hawaii, to be an Assistant Secretary of the Interior; to be immediately followed by a hearing to examine the nominations of Janice Marion Schneider, of New York, to be Assistant Secretary for Land and Minerals Management, and Neil Gregory Kornze, of Nevada, to be Director of the Bureau of Land Management, both of the Department of the Interior, and Marc A. Kastner, of Massachusetts, to be Director of the Office of Science, and Ellen Dudley Williams, of Maryland, to be Director of the Advanced Research Projects Agency-Energy, both of the Department of Energy, 10 a.m., SD-366.
 

SENATE ENVIRONMENT AND PUBLIC WORKS
2:30 p.m. SD-406
To hold hearings to examine the nominations of Rhea Sun Suh, of Colorado, to be Assistant Secretary of the Interior for Fish and Wildlife, Victoria Marie Baecher Wassmer, of Illinois, to be Chief Financial Officer, and Thomas A. Burke, of Maryland, to be an Assistant Administrator, both of Environmental Protection Agency, and Roy K. J. Williams, of Ohio, to be Assistant Secretary of Commerce for Economic Development, 2:30 p.m., SD-406.

 
SENATE ENERGY AND NATURAL RESOURCES
9:30 a.m. SD-366
Business meeting to consider S. 37, to sustain the economic development and recreational use of National Forest System land and other public land in the State of Montana, to add certain land to the National Wilderness Preservation System, to release certain wilderness study areas, to designate new areas for recreation, S. 404, to preserve the Green Mountain Lookout in the Glacier Peak Wilderness of the Mount Baker-Snoqualmie National Forest, S. 974, to provide for certain land conveyances in the State of Nevada, S. 1237, to improve the administration of programs in the insular areas, S. 1300, to amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects, S. 1301, to provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon, S. 1341, to modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, S. 1491, to amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, H.R. 1158, to direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area, and H.R. 2337, to provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado, 9:30 a.m., SD-366.
 
 
SENATE JUDICIARY
10:00 a.m. SD-226

Nominations to be considered include: Gerald Austin McHugh, Jr., and Edward G. Smith, both to be a United States District Judge for the Eastern District of Pennsylvania.


Capitol Hill Calendar: December 17-19, 2013 Read More »