Judge tosses NY Delaware River Basin fracking suit

 

** Updated at 7 p.m. to add related stories and reaction from enviro groups** A federal judge has rejected New York State Attorney General Eric Schneiderman’s lawsuit seeking to force a full environmental review before the Delaware River Basin Commission allows natural gas drilling in a watershed that provides drinking water for millions of New Yorkers (and millions more in New Jersey, Pennsylvania and Delaware). The Associated Press reported this afternoon that:. "U.S. District Court Judge Nicholas Garaufis in Brooklyn ruled Monday in favor of the Army Corps of Engineers, the Environmental Protection Agency and other federal agencies. He said the lawsuit filed last year by Schneiderman was speculative, because the commission hasn’t adopted final regulations yet.  Garaufis noted that there will be plenty of time to file lawsuits after the regulations are adopted. See the full AP story here.  Environmental organizations react to the ruling “The judge’s decision recognized and validated the tremendous concerns over threatened gas drilling for the Delaware River, our organizations and communities — that he found he could not render a final judicial opinion at this time does not diminish his acknowledgement that gas drilling is a major threat to this region, and that the actions of the agencies involved should be the subject of judicial review,” said Maya van Rossum, the Delaware Riverkeeper. ”Of great importance, the judge did not side with agency efforts to simply and cavalierly set aside the role of the courts or the public in reviewing what the agencies are up to on this precedent setting matter.

“Riverkeeper is disappointed that the court concluded it was premature to decide whether DRBC and the Army Corps are required to conduct an environmental review of its proposed gas drilling regulations before finalizing them,” said Kate Hudson, Hudson Riverkeeper Watershed Program Director. “However, we are pleased that the court’s decision allows Riverkeeper to challenge these regulations if and when DRBC ends the moratorium and votes to put the regulations in place. The court emphasized that it is available and more than capable of stopping well development before any fracking wastewater is created if DRBC proceeds in a manner contrary to the law. Riverkeeper fully intends to sue again and ask the court to take such action if DRBC puts at risk the drinking water for millions of New Yorkers by opening the Delaware River Basin to drilling without completing a full environmental review.” Related news stories:
Fracking Lawsuit In New York Dismissed By US Judge
Federal judge throws out NY AG’s lawsuit against DRBC

Our most recent posts:

Decision signals death of ‘public nuisance’ climate cases
NJ Gov. Christie delivers one-two punch to enviro bills 
NJ lawmakers take alternative-fuel vehicles for a test run
RGGI sees fewer bidders but still raising tens of millions
Gov. Cuomo: No pressure to speed NY fracking decision 

Judge tosses NY Delaware River Basin fracking suit Read More »

Decision signals death of ‘public nuisance’ climate cases

Intensified storm and sea-surge damage is steadily eroding the Alaskan fishing village
of Kivalina, threatening its very existence. The villagers blame climate change and sued ExxonMobil and more than 20 other oil companies and utilities whose production of greenhouse gases, they contend, is responsible.

But it’s not only Mother Nature that’s giving the villagers a pounding.

Their lawsuit, based on the common law theory of nuisance, was dismissed by a federal district court in 2009 on the grounds that regulating greenhouse emissions was a political rather than a legal issue and one that needed to be resolved by Congress and the Administration rather than by courts.

On Friday, the Ninth Circuit Court of Appeals upheld the earlier ruling.

Foley Hoag attorney attorney Seth Jaffe writes today in Law & The Environment that the decision “may have sounded the death knell for public nuisance litigation concerning the impacts of climate change.”

Read Mr. Jaffe’s piece here and the full decision: Native Village of Kivalina v. ExxonMobil 


Recent posts: 
NJ Gov. Christie delivers one-two punch to enviro bills 
NJ lawmakers take alternative-fuel vehicles for a test run
RGGI sees fewer bidders but still raising tens of millions
Gov. Cuomo: No pressure to speed NY fracking decision
Some big corporations cut emissions as Congress fiddles 


Decision signals death of ‘public nuisance’ climate cases Read More »

NJ Gov. Christie delivers one-two punch to enviro bills

New Jersey’s Republican Gov. Chris Christie yesterday jabbed environmental groups by signing a permit-extension bill they opposed and then landed a haymaker with his veto of a bill banning wastewater and other fracking byproducts from being imported into New Jersey for treatment or disposal.

Environmental groups had lobbied vigorously for the governor to support their anti-fracking bill, A575, that had passed the Assembly (56-19-4) and then cruised through the Senate (30-5).     

In his veto message, Christie said that the legislation raised constitutional issues.

"The lack of frackable shale formations in New Jersey is directly relevant to Assembly Bill No. 575 and is why, based on advice from the Office of the Attorney General, I must return this bill without my signature due to its unconstitutional nature.  Because the nation is one common market in which state lines cannot be barriers to commerce, the Dormant Commerce Clause of the United States Constitution limits a state’s ability to regulate interstate commerce.  Accordingly, the Dormant Commerce Clause precludes states from enacting parochial, isolationist, and discriminatory laws, such as Assembly Bill No. 575.

"Assembly Bill No. 575 seeks to prohibit wastewater, wastewater solids, sludge, drill cuttings, or other byproducts (collectively “Waste”) generated from Fracking “in any State” from being treated, discharged, disposed of, or stored in New Jersey.  Although the bill is, on its face, neutral in that it seemingly applies to Waste from “any State,” the undisputed fact, agreed to by the Legislature, that Fracking “is not occurring and is unlikely to occur in New Jersey,” demonstrates beyond a doubt that this ostensible evenhandedness is superficial.  Because no Fracking Waste is being produced in New Jersey, nor is it likely to be produced in New Jersey in the foreseeable future, any Waste subject to this bill must be generated out-of-state." 

The NJ Sierra Club, a frequent critic of the governor, charged in a news release following the veto that  Christie had "taken the side of the fossil fuel industry and polluters over New Jersey’s drinking water."

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Governor Christie signs permit-extension bill

The permit extension bill, A1338, which green groups opposed, will extend to the close of 2014 numerous local permits presently set to expire at the end of 2012. The development community argued that that change was necessary because the ongoing recession had prevented many projects from getting off the ground. Without the extension, they said, developers would be forced to start from scratch in seeking permits when the economy recovers, adding time and cost to projects that could benefit both the state and local economies.

The bill received impressive backing in both houses: Assembly (66-7-6); Senate (35-1)  

Our most recent posts:
NJ lawmakers take alternative-fuel vehicles for a test spin 
RGGI sees fewer bidders but is still raising
Gov. Cuomo: No pressure to speed NY fracking decision
Some big corporations cut emissions as Congress fiddles
DEP chief answers critics of NJ’s Barnegat Bay strategy

NJ Gov. Christie delivers one-two punch to enviro bills Read More »

NJ lawmakers take alternative-fuel vehicles for a test run

If you’re a green-minded businessperson thinking about leasing or purchasing alternative-fuel cars or trucks for your salespeople, technicians or other employees, where will you make that investment?

  • In all-electric vehicles? 
  • In vehicles running on compressed natural gas from the Marcellus Shale play?
  • Or (if you’re really cutting edge) in vehicles powered by hydrogen fuel cells? 

The easy choice would be none of the above. If you go with a hybrid that runs on standard gasoline as well as electricity a big part of your re-fueling problems are solved.

But if you’re a bit more adventurous and want to make a clean break from conventional fossil fuels then you face a number of big questions about where you will be able to refuel your vehicles in New Jersey and whether the state is likely to offer tax credits or other inducements that favor one technology over another.

The fact is that New Jersey, generally a front-runner in environmental change, is lagging when when it comes to developing policy that encourages government or public use of alternative fuel vehicles.

But change is inevitable and the issue will get the attention of lawmakers and the media tomorrow when the state Senate’s Environment and Energy Committee meets to consider more than a dozen bills addressing alternative-fuel vehicles.

You can listen to the discussion, starting at 10 a.m. tomorrow here.  

Here’s the legislative lineup:

A-3028 Greenwald, L.D. (D-6); Benson, D.R. (D-14); Spencer, L.G. (D-29)
Establishes Zero Emission Vehicle Commission and abolishes Low Emission Vehicle Review Commission; transfers certain responsibilities to Zero Emission Vehicle Commission.
Jun 25, 2012 – Passed by the Assembly (57-21)
Jun 28, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted: Senate Environment and Energy

A-566 Wagner, C. (D-38); Coughlin, C.J. (D-19); Fuentes, A. (D-5)
Provides corporation business tax credit and gross income tax credits for purchase and installation of certain electric vehicle charging stations.
Mar 15, 2012 – Passed by the Assembly (54-20)
May 3, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy

A-1151 Lampitt, P.R. (D-6); Vainieri Huttle, V. (D-37); Chivukula, U.J. (D-17)
Authorizes State and local governments to enter into group purchasing agreement for advanced technology vehicles and alternative fueled vehicles.  Related Bill: S-371
Mar 15, 2012 – Passed by the Assembly (78-0)
May 3, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy

S-340 Greenstein, L.R. (D-14); Beach, J. (D-6)
Provides corporation business tax credit and allows gross income tax deduction for purchase of electric or plug-in hybrid electric vehicles.  Related Bill: A-1583
Jan 10, 2012 – Introduced in Senate
Jan 10, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy

S-345 Greenstein, L.R. (D-14)
Provides corporation business tax credits and gross income tax credits for purchase of compressed natural gas vehicles. Related Bill: A-1997
Jan 10, 2012 – Introduced in Senate
Jan 10, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy

S-346 Greenstein, L.R. (D-14)
Provides corporation business tax credits and gross income tax credits for purchase of fuel cell vehicles.  Related Bill: A-1995
Jan 10, 2012 – Introduced in Senate
Jan 10, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy


S-371 Beach, J. (D-6)
Authorizes State and local governments to enter into group purchasing agreement for alternative fueled vehicles. Related Bill: A-1151
Jan 10, 2012 – Introduced in Senate
Jan 10, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy


S-400 Allen, D.B. (R-7)
Requires BPU to conduct pilot program to allow free parking for alternative fuel vehicles and alternative technology vehicles.
Jan 10, 2012 – Introduced in Senate
Jan 10, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy


S-595 Beck, J. (R-11); Gordon, R.M. (D-38)
Exempts from sales tax for two years certain highly fuel efficient vehicles and energy efficient appliances.
Jan 10, 2012 – Introduced in Senate
Jan 10, 2012 – Referred: Senate Environment and Energy
Mar 21, 2012 – Posted: Sales and Use Tax Review Commission
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy

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For  thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment
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S-980 Greenstein, L.R. (D-14)
Encourages development of electric vehicle charging stations in transportation projects.
Jan 17, 2012 – Introduced in Senate
Jan 17, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy


S-983 Greenstein, L.R. (D-14)
Establishes public-private pilot program for level 3 electric vehicle charging stations.
Related Bill: A-1996
Jan 17, 2012 – Introduced in Senate
Jan 17, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy


S-984 Greenstein, L.R. (D-14)
Establishes public-private alternative fueling station pilot program and requires DOT to conduct study.  Related Bill: A-1994
Jan 17, 2012 – Introduced in Senate
Jan 17, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy


S-1004 Greenstein, L.R. (D-14)
Directs installation of electric vehicle charging stations at service areas on State’s toll roads.
Related Bill: A-822
Jan 17, 2012 – Introduced in Senate
Jan 17, 2012 – Referred: Senate Environment and Energy
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy

S-1186 Allen, D.B. (R-7)
Exempts certain materials and labor used to convert traditional motor vehicles into plug-in hybrid electric motor vehicles from sales and use tax.  Related Bill: A-2721
Jan 23, 2012 – Introduced in Senate
Jan 23, 2012 – Referred: Senate Environment and Energy
Apr 25, 2012 – Reviewed by the Sales and Use Tax Commission: Recommend to not enact
Sep 20, 2012 – Posted for discussion only: Senate Environment and Energy 


Have a position on which alternative-fuel horse the state should be backing, and how?  Tell us about it in the opinion box below. If one is not visible, activate it by clicking on the tiny ‘comments’ line. 

Related: 
Senate Committee takes up more than a dozen bills for alternative-fuel vehicles

Our most recent posts:  
RGGI sees fewer bidders but still raising tens of millions
Gov. Cuomo: No pressure to speed NY fracking decision
Some big corporations cut emissions as Congress fiddles
DEP chief answers critics of NJ’s Barnegat Bay strategy 
Saving NJ baby turtles from an unpleasant awakening

NJ lawmakers take alternative-fuel vehicles for a test run Read More »

RGGI sees fewer bidders but still raising tens of millions

RGGI, the Regional Greenhouse Gas Initiative that Gov. Chris Christie pulled New Jersey out of last year, drew the lowest number of bidders in the program’s history last week during it’s 17th auction.

[See: RGGI’s Sweet 17th: Cumulative Proceeds Top A Billion Dollars by attorney Amy Boyd]

Those who support the governor’s decision (mostly fellow Republicans, businesses with large electricity bills, and Tea Party members who want less government involvement in almost everything) will point to this as evidence that the nine-member compact is running out of (pardon the pun) gas.

RGGI supporters (mostly Democrats and environmentalists) will point to the fact that, despite lower participation, the auction still raised a not-too-shabby $47.4 million that will be used by  participating states (including New York and Delaware) for energy efficiency and  renewable energy programs.

Who’s right?  Let us know what you think in the opinion box below. If one is not visible, activate it by clicking on the tiny ‘comments’ link.

Related RGGI stories:
RGGI Redux: Christie’s latest smackdown; Enviros livid
Enviros pushing lawmakers to get NJ back into RGGI

Our most recent posts: 
Gov. Cuomo: No pressure to speed NY fracking decision
Some big corporations cut emissions as Congress fiddles
DEP chief answers critics of NJ’s Barnegat Bay strategy 
Saving NJ baby turtles from an unpleasant awakening
NJ preserving 544 acres in Barnegat Bay watershed

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For  thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment
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RGGI sees fewer bidders but still raising tens of millions Read More »

Gov. Cuomo: No pressure to speed NY fracking decision

NY Gov. Andrew Cuomo – AP Photo

On August 20, CBS declared that New York would approve fracking and issues guidelines after Labor Day.

Apparently, the network jumped the gun.

Labor Day has come and gone and Governor Andrew Cuomo said yesterday during an interview with an Albany radio station that he is not pressing the state Department of Environmental Conservation to speed up a decision on whether to approve the controversial natural gas drilling technique.

Cuomo also said he is not pushing for a decision by a certain date, such as Election Day in November or by the end of the year.

” When its done, and when they’re prepared–that’s when we’ll announce the decision,” he told WGDJ.

“And, remember,” he continued, “the announcing of the decision is not going to be the conclusion.

“I promise you, there will be lawsuits, whatever the decision is. So the day right after the decision, there will be another press conference that says, now we’re going to step two, which is a series of legal challenges and political challenges, and we’re going to try to get federal legislation and state legislation. 

“It’s going to be an ongoing situation for a long, long time,” Cuomo said.

Related story:
No rush on fracking decision, Cuomo says

Recent posts: 
Some big corporations cut emissions as Congress fiddles
DEP chief answers critics of NJ’s Barnegat Bay strategy 
Saving NJ baby turtles from an unpleasant awakening
NJ preserving 544 acres in Barnegat Bay watershed
Are Barnegat Bay fixes ignoring an overriding problem? 
 

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For  thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment
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Gov. Cuomo: No pressure to speed NY fracking decision Read More »