The NJ-DEP’s newest enforcement powers

Those who fear that the New Jersey Department of Environmental Protection (NJDEP) already has more than enough environmental enforcement clout are advised to skip to some other topic on this blog. The analysis we are about to recommend could ruin your day.

On January 4, 2008, Governor Jon Corzine signed into law the “Environmental Enforcement Enhancement Act” which gives the NJDEP sweeping new enforcement authority under 10 separate environmental statutes.

Three environmental attorneys at the law firm of K&LGates–Dawn M. Monsen, John F. Spinello, and Mary Theresa S. Kenny — have analyzed the new law and find that it…

“… substantially increases the maximum civil penalties NJDEP may seek, authorizes NJDEP to commence administrative enforcement proceedings and assess administrative penalties, establishes third degree crimes for certain violations, allows NJDEP to recover legal costs and natural resource damages, and record deed notices for certain alleged violations.”

They predict that the new authority granted to the DEP by the Act…

“will have the most pronounced effect in the NJDEP’s enforcement of the land use and water resource programs, and may affect pending, as well as new cases commenced by the NJDEP.”

The attorneys review the Act’s background and purpose, provide a detailed examination of its key provisions and revised penalties, and offer their conclusions as to its likely effects.

You’ll find it all in this K&LGates Environmental, Land Use and Natural Resources Alert.

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NY nixes LNG platform; focus shifts to NJ

Environmentalists, fishermen, boaters and others who for months have been fighting a proposal to build a floating liquefied natural gas (LNG) terminal nine miles off the coast of Long Island breathed a sigh of relief today when Governor David Paterson gave the project his official thumbs down. (Newsday story and video)

John Hritcko, senior vice president and regional project director of Houston-based Broadwater Energy said the project isn’t necessarily dead, since its backers, Shell Oil and the TransCanada Corporation, might appeal the decision to the federal Commerce Department and, failing that, could go to court.

Despite the potential for appeals, the governor’s decision takes the project off the front burner and shifts attention to New Jersey where two other developers are proposing separate off-shore LNG projects.

The first, “Safe Harbor Energy,” comes from Atlantic Sea Island Group (ASIG), a group of private investors who propose to build a man-made island for a LNG facility 13 miles off Long Beach, NY, and 19 miles off Sea Bright, NJ.

The second, “Blue Ocean Energy,” is ExxonMobil’s plan for a floating LNG terminal located 30 miles off Long Island and 20 miles east of New Jersey. (Video)

It will be interesting to see how the lessons of Broadwater are applied in New Jersey, both by the developers and project opponents.

In New York and Connecticut, environmental opponents won the support of key politicians (most notably Connecticut’s governor and attorney general), bloggers, newspaper columnists and editorial boards (including the New York Times).

Broadwater tried to counter with a survey that claimed to find widespread public support for its project. But this came late in the game, long after the court of public opinion had clearly rendered an unfavorable opinion.

In New Jersey, ExxonMobil and ASIG have been quietly pursuing federal approval for their projects and so far have not mounted any noticeable public relations campaigns.

Opposition likely will be lead by Clean Ocean Action, a Jersey shore environmental organization which hasn’t wasted any time is using its web site and a “fact sheet” to educate its members and supporters about the alleged shortcomings of both projects.

We’ll be watching the action from shore and brining you periodic updates. Let the PR games begin!

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Solar energy heats up in New Jersey again

Between 2001 and 2006, New Jersey was a pioneering, national leader in solar energy. Much more so than many southern and western states where the sun shines brighter and more often.

Encouraged by generous state rebates, solar panel installations at New Jersey businesses and homes went from 9 projects (with 6 kW) in 2001 to over 1,000 projects (with 19 MW) in 2006.

But the program proved so wildly popular that rebate applications became backlogged and the state’s Board of Public Utilities (BPU) recognized that there wasn’t enough money to keep the juggernaut going. So the BPU announced it was phasing out the rebates and switching to a program in which those installing solar energy systems would qualify instead for credits.

But credits, earned after a homeowner or business has already paid the often expensive price of a solar system installation, was likely to dampen consumer interest and jeopardize the state’s goal of generating 20 percent of its energy from alternative sources by 2020, with 2 percent of that coming from solar systems.

Riding to the rescue this week was the state’s largest electric utility, Public Service Electric & Gas (PSE&G), which announced an agreement with the BPU to launch a two-year pilot program in which it will make $105 million in loans available to customers installing solar systems. The loans will cover between 40 and 60 percent of the installation cost, with the rest funded by the property owner.

Owners would repay the loans through credits they receive for the solar power their systems generate. The interest PSE&G charges for the loans will not fully cover the program’s costs, so the BPU will allow the utility will tack a surcharge on every customer’s bill to make up the difference, including a return on investment of 9.75 percent. (I wish all my investments had such a nice return)

In the near term, the loans, which will be available on a first-come, first-served basis, should provide a significant boost to the solar energy industry–both equipment manufacturers and commercial installers.

The BPU suggests that those interested in applying for a loan should first obtain quotes from several reputable installation contractors. The Board maintains a list of approved contractors on its website. Click on the “Find A Vendor” button at:

http://www.njcleanenergy.com/renewable-energy/programs/core-rebate-program/find-vendor/find-vendor

Clicking on that link will open a page on which the Board, inexplicably, demands that you first “agree to the terms of a disclaimer.” (I’m not kidding). Just humor them and agree by clicking and the list will be yours.

For more information on the program, don’t go anywhere near the BPU’s website. It’s attractive enough but it appears to have been written by a committee of lawyers, electrical engineers and government bureaucrats all determined to stultify each other to death.

Instead, go to PSE&G’s Solar Loan Program site and particularly it’s Frequently Asked Questions page where it’s all laid out for you in mercifully clear and understandable English.

To read about an even more aggressive program announced by Southern California Edison, check out: California Utility to Install Solar Panels

And to learn about a comparatively sluggish program proposed in New York by Mayor Bloomberg, check out New York City’s 2MW Solar Plan Is No Done Deal

Have an opinion on all or any of this that you’d like to share? Click on the “comment” link below and have at it.

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Clearing the air at New Jersey ports and airports

The New Jersey Clean Air Council will hold a public hearing tomorrow (4/9/08) in Trenton to explore ways to reduce air emissions at ports and airports in the Garden State.

Department of Environmental Protection (DEP) Commissioner Lisa Jackson will open the session at 9:30 a.m. in the DEP’s first-floor, public hearing room.

The DEP is located at 401 East State Street in Trenton.

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Week’s top environmental & political news

Every day, we select a few of the top environmental and political stories appearing in our newsletter, EnviroPolitics, and post them
to our website for free public use.

Click the links below to view stories for New Jersey, Pennsylvania, New York–and beyond– that appeared during the past week.

April 4, 2008
April 3, 2008
April 2, 2008
April 1, 2008
March 31, 2008

To receive free daily alerts when our Environmental & Political News
page is updated, simply send a blank email to: eptopdailynews@aweber.com

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Changes ahead for site remediations in NJ

Significant changes are brewing for New Jersey’s environmental site remediation program.

The Senate Environment Committee and the Assembly Environment and Solid Waste Committee will hold joint hearing on April 15 to take testimony on proposed changes.

Topics for discussion include:

* The use of licensed site professionals to review some remediations;
* Remedy selection/encouragement of permanent remedies;
* Engineering and institutional controls;
* Standards for the remediation/replacement of underground tanks;
* Site remediation enforcement issues;
* Issues concerning remediation funding, and,
* Change in use of contaminated sites.

The fact that both committees are meeting together is an indication that serious changes are in the works.

The meeting will be held at 10 a.m. in Committee Room 4 on the St Floor of the State House Annex. That’s the building to the right when you are facing the State House in Trenton.

As we learn more about the details, we’ll pass them on to our blog readers.

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