Fracking waste water ban heads to NJ Gov Christie

For the second time in two years, the New Jersey Legislature has passed legislation that would prohibit the importation, processing or disposal of waste water generated during the natural-gas drilling process called fracking.

The state Assembly on Thursday voted its approval of S-1041 on a 62-16 vote. That follows
a 32-5 vote in the Senate.

In 2002, similar legislation was vetoed by Republican Gov. Chris Christie who more often than not sides with business interests, like the State Chamber of Commerce, Business and Industry Association, Chemistry Council and Petroleum Council–who all oppose the anti-fracking measure.

In passing the bill, New Jersey legislators joined lawmakers in several other northeast states that also seek to block fracking water produced by drilling companies in Pennsylvania’s natural gas-rich Marcellus Shale.

 Like what you’re reading? Click here to get free updates

Connecticut Governor Dannel Malloy last week signed into law a moratorium that outlaws the collection, storage, treatment, transfer or disposal of waste from hydraulic fracturing for at least three years. The law goes beyond a temporary ban to also require the state’s Commissioner of Energy and Environmental Protection to issue new regulations that mandate the “disclosure of the composition of the waste from hydraulic fracturing.”

Vermont led the pack in 2012, when it passed a law banning both fracking and the receipt of fracking wastewater.

Earlier this week, the New York Assembly passed a bill extending the state’s current moratorium on fracking for three-years. No action on the bill is expected in the state Senate before the fall.

Listen to our interviews with an advocate and an opponent
On Thursday, we spoke with an advocate of the frack water ban, and with a business opponent. Click on their names to hear the interviews. Doug O’Malley and Michael Egenton.

Related environment and energy news stories:
Northeastern States Push to Keep PA Fracking Waste Out
Will NJ Gov Christie Veto Frack Wastewater Ban a 2nd Time?
Fracking Debate Rages On – New Providence 
Pennsylvania Health Department employees instructed to hide

Recent posts: 
Funding for open space hangs by a thread in New Jersey  
When pesticides were used, is remediation required? 
Chris Christie walking a tight rope on climate change 
Did New York sharpies outfox New Jersey on Sandy aid?  
16 lawyers packing their bags at NJ’s Riker, Danzig  

Fracking waste water ban heads to NJ Gov Christie Read More »

Funding for open space hangs by a thread in New Jersey


Members of NJ Keep it Green, the environmental coalition that has been fighting for
two years to get the state legislature to adopt a dedicated funding source for open
space preservation, experienced the highs and lows of dealing with the state legislature
yesterday in Trenton.

Early in the afternoon, group members were elated when the state Senate provided overwhelming support (35-1) for SCR-84, a bill that would constitutionally dedicate a
portion of corporate business taxes to fund the preservation of open space, farmland,
and historic structures.

Within hours, however, hopes for final passage of the legislation in the Assembly,
before the legislature’s summer recess–and in time to get the measure on the
November ballot–were deflated when the Assembly’s Democratic leadership
decided not to post it for a vote. We spoke with Keep it Green‘s Tom Gilbert before the Assembly adjourned for the day, when there still was hope that the measure might be posted at an Assembly session scheduled for Monday, June 30. Today the Assembly canceled that session. 

Listen here to what Gilbert had to say  It appears now that the only chance that voters will get to decide the issue in November is
if the Assembly holds another session by early August and the bill is posted and passed. NJ Keep it Green no doubt will be pulling out all the stops to make that happen.    Related environmental news stories:
Open space bill sails through Senate, but Assembly deadline looms – NJ Spotlight
Opinion: NJ can’t give up on parks, open space preservation – The Times, Trenton
Environmentalists press NJ to include open-space funding question on ballot – Newsworks
EDITORIAL: Put open space bond on ballot – MyCentralJersey.com
Smith, Bateman tout bill reallocating corporate tax revenues for open space – PolitickerNJ

Recent posts:  
When pesticides were used, is remediation required?
Chris Christie walking a tight rope on climate change
Did New York sharpies outfox New Jersey on Sandy aid? 
16 lawyers packing their bags at NJ’s Riker, Danzig 
Environment and energy bills to get hearing in Trenton 

Funding for open space hangs by a thread in New Jersey Read More »

When pesticides were used, is remediation required?


The New Jersey Department of Environmental Protection has formally clarified when
remediations are required for commercial and industrial properties on which pesticides
were used in the past. 


Gibbons attorney David A. Brooks writes in Real Property and Environmental Law Alert:

“The New Jersey Department of Environmental Protection has more formally confirmed the scope of the responsibility to address historic pesticide use on commercial and industrial properties: namely that a party need not remediate historic pesticide use unless there is a land use change to residences, schools, child care centers and playgrounds.

On June 20, 2014, the NJDEP published an additional notice for Response Action Outcomes, the written determination by a Licensed Site Remediation Professional that a remediation is complete, which specifically permits completion of a remediation without investigation of contamination from historic pesticide use. 

The notice would only apply to contamination from the application of such pesticides to, for example, a former orchard or farm, but not contamination from a discharge caused by the mixing, manufacturing or other handling of such chemicals. NJDEP approval is not required for an LSRP to use this notice.”



Read the entire Gibbons post here 


Recent posts:  
Chris Christie walking a tight rope on climate change
Did New York sharpies outfox New Jersey on Sandy aid? 
16 lawyers packing their bags at NJ’s Riker, Danzig 
Environment and energy bills to get hearing in Trenton  


 Like what you’re reading? Click here for free updates 

When pesticides were used, is remediation required? Read More »

Chris Christie walking a tight rope on climate change

Does Gov. Chris Christie believe in climate change and its impact on New Jersey?

NJ Spotlight’s answer today is:
A) Yes B) No C) Maybe D) All of the above . . . depends on when and where you ask the question

Why, when asked if post-Sandy New Jersey’s done enough to address the issue of rising ocean levels linked to global warming, does Gov. Chris Christie suggest that the question is based on shaky science?
Why, when asked about his decision to pull New Jersey out of a regional initiative aimed at reducing greenhouse gases, did the governor reply condescendingly to a reporter who deigned to ask him about it?
Did someone say presidential ambitions? Did someone say Koch brothers?
Andrea Bernstein of WNYC, a partner of NJ Spotlight, takes a look at the tightrope walk balancing act that is Chris Christie’s stance on greenhouse gases, climate change, rising oceans, melting ice caps, rising temperatures — and how to appeal to the conservative wing of the GOP.

To hear and read Andrea’s report, click here

Recent posts: 
Did New York sharpies outfox New Jersey on Sandy aid?
16 lawyers packing their bags at NJ’s Riker, Danzig
Environment and energy bills to get hearing in Trenton 

Chris Christie walking a tight rope on climate change Read More »

Did New York sharpies outfox New Jersey on Sandy aid?

Red-faced state officials are trying to understand and to explain why New Jersey has received less than half as much Sandy aid from HUD as New York State and City combined, even though the states’ original damage estimates suggested that New York was only slightly harder hit.


Did the policy wonks who honcho-ed New York State’s application for federal Sandy aide outfox the prosecutor-heavy Administration of NJ Gov. Chris Christie?



Did federal HUD Secretary Shaun Donovan — New York City’s former housing commissioner — show favoritism toward his native state?


Did damaged parts of New York State receive more aid because their electric company — the Long Island Power Authority (LIPA) — is publicly-run, while electric utilities in New Jersey are privatized?


A NJ Spotlight/WNYC investigation concludes that, rather than there being any one, single reason for the funding disparity, there were a variety of factors that “pretty much guaranteed from day one that New Jersey would get less support.”


Scott Gurian and Matthew Schuerman, reporters for the two news organizations, try to make sense of it all in Why did New Jersey get only half as much Sandy aid as New York?


You also can listen to an audio version of the story. 

Recent posts: 
16 lawyers packing their bags at NJ’s Riker, Danzig

Environment and energy bills to get hearing in Trenton

Energy and environment bills up for votes today in NJ 

Did New York sharpies outfox New Jersey on Sandy aid? Read More »

16 lawyers packing their bags at NJ’s Riker, Danzig

The New Jersey Law Journal reports today that:

One of New Jersey’s bellwether firms, Riker, Danzig, Scherer, Hyland & Perretti of Morristown, is losing 16 lawyers to a new venture being formed by a cadre of defecting partners.

The new firm, to be known as Sherman, Wells, Sylvester & Stamelman, will open its doors July 14 at 210 Park Avenue in Florham Park.

The partners leading the foray are Sandra Sherman and Julian Wells, both members of Riker Danzig’s Executive Committee, along with Anthony Sylvester, Andrew Stamelman and Harold Atlas.

Also making the move are 11 associates and six staff members.

**Like what you’re reading? Click here for free blog updates** 

The new firm focus in the areas of the areas of taxes, trusts and estates, and corporate and general litigation, says Sherman.


Glenn Clark, managing director of Riker Danzig, said the departure was “amicable” and that the lawyers who formed their own firm were open with colleagues about their plans.

Recent posts: 

Vertical farming: An idea on the rise? 
Energy and environment bills up for votes today in NJ  
NJDEP wants to make it easier for some coastal building


16 lawyers packing their bags at NJ’s Riker, Danzig Read More »