EnviroPolitics Blog

Menendez quits the primary but hints at a run as an independent

*U.S. Sen. Robert Menendez at his election night rally in November 2018. NJ Advance Media for NJ.com*

By Ted Sherman and Brent Johnson | NJ Advance Media for NJ.com

Six months after his indictment on wide-ranging federal corruption charges, U.S. Sen. Robert Menendez, who has repeatedly defied calls for his resignation, announced Thursday he will not run in the Democratic primary for re-election.

But New Jersey’s senior senator left the door open for an independent campaign to retain his seat in the fall.

“I will not file for the Democratic primary this June. I am hopeful that my exoneration will take place this summer and allow me to pursue my candidacy as an independent Democrat in the general election,” Menendez said in a nine-minute video posted to his campaign social media account.

Menendez Won’t Run as Democrat but Leaves Door Open to Independent Bid (New York Times)
Embattled Sen. Bob Menendez says he won’t run in Democratic primary for Senate (CNN)

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EPA reports encouraging news about NJ and NY manufacturers

NEW YORK (March 21, 2024) – Today, the U.S. Environmental Protection Agency released its 2022 Toxics Release Inventory (TRI) National Analysis showing that environmental releases of toxic TRI chemicals from facilities covered by the program were 21% lower in 2022 compared to 2013. This includes a 26% decrease in air releases.

During these 10 years, releases from manufacturing facilities decreased by 9% while the value added to the U.S. economy from manufacturing increased by 14%. While overall releases increased by 1% from 2021 to 2022, there was a 6.5% increase in pollution prevention activities reported under the TRI program compared to 2021.

The report also shows that production-related waste managed from TRI facilities in New Jersey, New York, Puerto Rico, the US Virgin Islands, and eight Indian Nations has decreased by 24% since 2013.

During 2022, facilities in New Jersey, New York, Puerto Rico, the U.S. Virgin Islands, and eight Indian Nations (Region 2) managed 94% of their waste through preferred methods such as treatment, energy recovery, and recycling, while only 6% was released into the environment. Region 2 releases and disposal totaled 34.1 million pounds in 2022. Since 2013, air emissions have decreased by 40% and surface water discharges have decreased by 23%. In 2022, 11% of facilities in Region 2 implemented new pollution prevention activities–higher than the nationwide average of 8%–with the most common being changes to operating practices and training.

The 2022 TRI National Analysis summarizes environmental releases of TRI chemicals, and how facilities managed their waste. In 2022, facilities reported managing 88.5% of their TRI chemical waste through preferred practices such as recycling, energy recovery, and treatment, while releasing 11.5% of their TRI chemical waste into the environment.

EPA, states and Tribes receive TRI data from manufacturing, mining, hazardous waste management, and electric utilities. More than 21,000 facilities submitted reports on 522 of the 827 chemicals and chemical categories for which TRI reporting is required. The remaining 305 chemicals either were not manufactured, processed, or used by facilities required to report to TRI or were not manufactured, processed, or used in amounts large enough to trigger reporting.

View the 2022 TRI National Analysis, including local data.

EPA is holding a public webinar on Thursday, April 4, 2024, at 2 p.m. to provide an overview of the 2022 TRI National Analysis.
Register for the webinar.

The 2022 TRI National Analysis features visualizations and analytical tools to make data more useful and accessible to communities. Readers can view data by state, Tribe, metropolitan area, EPA region, and watershed using the “Where You Live” mapping tool. This tool also allows readers to view facility locations overlayed with demographic data to identify potential exposure to TRI chemical releases in communities, including overburdened communities.

Community groups, policymakers, and other stakeholders can use this information to understand which communities may be experiencing a disproportionate pollution burden and take action at the local level.

EPA reports encouraging news about NJ and NY manufacturers Read More »

Tell the NJDEP what you think of its updated water supply plan

The NJDEP seeks input on the Draft 2024 New Jersey Statewide Water Supply Plan.

The department will hold the second of two public meetings to provide members of the public the opportunity to give oral comment on April 9.

This will be an evening meeting held virtually using Microsoft Teams. NJDEP will also accept written comments through the comment portal, which will be given equal consideration to oral comments. The 60-day open comment period began on February 26, 2024 and will conclude on April 26, 2024.

Virtual Meeting on Tuesday, April 9 @ 7 PM
Microsoft Teams
Please register here to attend

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Court Ruling: Financed Residential Solar System Is a Consumer Good, Not a Fixture

solar panels found not to be fixtures by New Mexico court

By Jay Bender, Monica Wilson Dozier, R. Aaron Chastain, Britney M. Crawford of Bradley Arant Boult Cummings LLP

Whether a solar system is a “fixture” sounds like a mundane legal issue – but it has significant implications for the residential solar industry and for the financing of residential solar systems.

If a system is regarded as a “fixture” of the house to which it is attached, then the enforceability and priority of the finance company’s lien on the system will be subject to applicable real estate law. If, however, the system is not a “fixture,” then the system would be viewed as a “consumer good” with the finance company’s rights in the system governed by the Uniform Commercial Code (UCC) – which provides for a much more straightforward process for finance companies to preserve and protect liens on their financed systems.

The risk to a finance company is particularly acute if a solar system is deemed a “fixture” of the house on which it is installed, as that could render the finance company’s lien on the system either unenforceable or subordinate to any mortgages on the house itself.

Despite the significance of this issue, few courts have considered the issue of whether residential solar systems should be viewed as fixtures or consumer goods. Recently, however, in the In re Evans case, the United States Bankruptcy Court for the District of New Mexico addressed the issue, first determining whether the home of the couple in bankruptcy was encumbered by a purchase money security interest in the solar system installed on the roof of the couple’s house before it could consider the otherwise unrelated issue of a judgment lien asserted by another creditor against the house.

In a potentially significant ruling for solar power finance companies, the bankruptcy court held that “solar panels are not fixtures” and that the residential solar system retained its character as a consumer good even after installation (see In re Evans, No. 23-10622 T13, 2023 WL 8606655, at *1 (Bankr. D.N.M. Dec. 12, 2023).

Click to read the full story

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NJ Governor names Eric Miller to lead Climate Office

TRENTON – Governor Phil Murphy today announced Eric Miller as the Executive Director of the New Jersey Governor’s Office of Climate Action and the Green Economy with Policy Advisor Preethy Thangaraj now serving as Deputy Director. Miller’s appointment follows the departure of Catherine Klinger who most recently served as the Executive Director of the Office of Climate Action and the Green Economy.

“I am thrilled to announce Eric Miller as our new Executive Director of the Office of Climate Action and the Green Economy,” said Governor Murphy. “Eric is a passionate advocate who has initiated high-impact policies across clean energy, building electrification, and transportation. I am confident in Eric’s leadership, and I want to thank outgoing Executive Director Catherine Klinger for her notable contributions to this team and to the state.”

“I am also proud to announce that Preethy Thangaraj will serve as our new Deputy Director of the Office of Climate Action and the Green Economy,” continued Governor Murphy. “Preethy has served this Administration and the people of New Jersey by supporting clean energy policies, addressing sustainability, and helping to combat the climate crisis. Under Eric’s leadership, I look forward to watching the Office of Climate Action and the Green Economy continue their critical work in building a stronger, fairer, and greener Garden State.”

As Executive Director of the Office of Climate Action and the Green Economy, Eric Miller will oversee the environment and energy policy portfolio, leading work on the Governor’s clean energy, environmental justice, and climate resiliency agenda, among other key initiatives. Prior to this role, Miller served as the New Jersey Energy Policy Director for the Natural Resources Defense Council where he worked to develop and advance clean energy, buildings, and transportation policy in New Jersey. Miller grew up in Essex County and received his Bachelor of Science in Resource Economics from the University of Connecticut and his Juris Doctor from Villanova University School of Law.

As Deputy Director of the Governor’s Office of Climate Action and the Green Economy, Preethy will continue to advance the Administration’s clean energy and sustainability goals while building toward a greener economy. Preethy joined the Governor’s Office in 2021 supporting the energy, environment, and transportation portfolio. Prior to serving in the Administration, she worked as an Energy Informatics and Policy Research Specialist at Rutgers University, focusing on climate action and mitigation policies, wholesale electricity, the bioeconomy, and sustainable development, among other key initiatives. While at the Bloustein School of Planning and Public Policy, she also worked at the Rutgers Energy Institute, supporting academic leaders in energy planning, policy, and engineering. Preethy grew up in Middlesex County and is a graduate of the University of Pittsburgh and Rutgers-Bloustein.

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NJ counties rewarded for their recycling collection efforts

From the NJ Department of Environmental Protection

(TRENTON) – As part of its commitment to promoting sustainability and clean communities, New Jersey is awarding nearly $16.2 million in grants to communities to support waste reduction and recycling programs, Environmental Protection Commissioner Shawn M. LaTourette announced today.

The annual grant awards are based on 2021 recycling performance, the most recent year for which data is available. Municipalities must use their funds for various recycling initiatives including sponsoring household hazardous waste collection events, providing recycling receptacles in public places, or maintaining leaf composting operations.

“Reducing, reusing, and recycling solid waste remains one of the best ways the public can protect the environment each day,” said Commissioner LaTourette. “These grants help our municipalities strengthen their recycling programs and educate residents on waste reduction. I strongly encourage all residents, businesses, schools, communities, and organizations to recommit to recycling to preserve precious resources, divert waste from landfills and other disposal facilities, save energy and combat climate change.”

The grants are awarded through the state’s Recycling Enhancement Act and funded through a $3 per-ton surcharge on trash disposed statewide at solid waste facilities. The DEP returns that money to municipalities based on how much recycling each community reports accomplishing during the calendar year.

Municipalities (organized by county) receiving grants of more than $100,000 for their 2021 recycling efforts:

Bergen County: Paramus, $146,367
Camden County: Cherry Hill, $124,357; Camden, $104,758
Cumberland County: Vineland, $536,516
Essex County: Newark, $360,695; East Orange, $101,348
Gloucester County: Logan, $255,160; Swedesboro, $118,463; West Deptford, $104,023
Hudson County: Jersey City, $347,874; Secaucus, $195,184
Mercer County: Hamilton, $139,876
Middlesex County: Woodbridge, $262,237; Edison, $239,039; South Brunswick, $173,701; Perth Amboy, $130,909; South Plainfield, $123,429; Old Bridge, $122,875; Cranbury, $109,556
Monmouth County: Middletown, $133,799; Wall, $109,312
Morris County: Parsippany-Troy Hills, $111,240
Ocean County: Lakewood, $191,460; Toms River, $169,560; Brick, $125,503
Passaic County: Paterson, $283,897; Clifton, $173,356; Wayne, $134,607; Passaic, $104,914
Somerset County: Franklin, $304,412

For a complete list of grants, visit nj.gov/dep/dshw/recycling/stats.htm

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