Disclosure when nature exceeds DEP limits?

Can a municipal planning board require, as a condition of approval, that a developer provide individual deed notices as to the presence of naturally-occurring environmental conditions (such as arsenic levels) that exceed New Jersey Department of Environmental Protection’s unrestricted soil use standard?

Yes, a state appellate court has ruled.

In the blog, New Jersey Zoning Watch, Saul Ewing attorney Philip Morin provides the background to the decision–and discusses its implications. You can read it here.

Disclosure when nature exceeds DEP limits? Read More »

The latest shot fired in the LI Sound LNG war

If you have not been following the verbal and written attacks and threatened law suits from Connecticut’s Attorney General Richard Blumenthal –all designed to sink BroadWater Energy’s plan to construct a liquefied natural gas platform in Long Island Sound–get yourself up to date by reading:

Connecticut’s LNG solution? Put it in Jersey
NY State must kill Broadwater to benefit public
New York postpones LNG facility decision

NY and CT face off over LNG terminal

With that background, now check out Broadwater Energy’s response. It came today in the form of a letter to the editor of Newsday from John Hritcko, BroadWater’s senior vice president and regional project director. We provide it below in its entirety:

“States win if Broadwater dies” by Richard Blumenthal implores us to repudiate “a false dichotomy between environmental protection and energy supply.” Yet, his arguments ignore the facts and widen the perceived chasm between energy and the environment. Blumenthal correctly points out that New York and Connecticut need more natural gas to feed a growing demand for energy, as well as to fuel cleaner power plants. Indeed, Connecticut’s own 2007 Energy Plan, published by the Connecticut Energy Advisory Board, recommends developing liquefied natural gas import facilities.

But the Connecticut attorney general claims that schemes such as Safe Harbor Energy and BlueOcean Energy, both primarily serving New Jersey and neither having undergone review, can somehow be better than Broadwater in delivering natural gas to Connecticut and New York.

Blumenthal’s record reveals his penchant for regulation through litigation, opposing every energy infrastructure project that could bring down the cost of energy in the region, shutting off electricity to Long Island and now threatening New York with lawsuits. This will lead us to consensus on the shared interests of energy and environment?

Businesses and working families in the region need relief from our high-priced energy. Blumenthal perpetuates the myth that we can’t have conventional energy and a clean environment.

Broadwater would deliver plentiful, affordable natural gas in a safe, environmentally responsible manner, but we need enlightened, confident leadership that is willing to face the difficult challenges of achieving energy security.

The latest shot fired in the LI Sound LNG war Read More »

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
on our website for free public use.

Click the links below to access the stories for New Jersey, Pennsylvania, New York and beyond that appeared during
the week of March 3-7, 2008.

March 7 2008
March 6 2008
March 5 2008
March 4 2008
March 3 2008

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

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0-for-3 offshore wind power tries Jersey

Energy needs continue to grow in the Northeast. At a point not too far in the future we are told that the demand for electricity will exceed the ability of the region’s aging infrastructure’s to keep pace.

Since the old solution to the problem–building new generating plants powered by coal and natural gas–have fallen out of favor primarily for environmental reasons, and persistent safety fears (and enormous construction costs) continue to slow the prospects for a nuclear-power revival, you’d think that wind turbines would be near the top of the short lists of energy alternatives.

Especially when wind farms can be built off the coast, almost out of sight, and in neighborhoods where the NIMBY-ite whales and birds can’t scare any politicians with their votes.

But the industry’s record has been anything but promising so far.

New Jersey’s Board of Public Utilities announced this week that it has received proposals from three developers to build a total of 116 wind turbines some 16 miles off the coast. The first project, a joint venture involving the state’s largest utility, PSEG, calls for construction of 96 wind turbines arranged in a rectangular grid off the coast of Cape May and Atlantic counties. The wind farm would be virtually invisible from land, even though the wind turbines would rise between 450 and 500 feet above the water.

The second, proposed by Blue Water Wind (the company seeking to build a wind farm off the coast of Delaware) envisions a 348-megawatt wind farm, consisting of 116 turbines located more than 15 miles southeast of Atlantic City.

The third bid comes from Fishermen’s Energy of New Jersey, a consortium representing companies operating fishing vessels and owners of waterfront docks in South Jersey. Its proposal envisions 66 turbines, built in two phases, at an undisclosed distance off Atlantic City.

As Star-Ledger reporter Tom Johnson noted in his story today on the wind farm proposals, the projects “would help the Corzine administration reach ambitious targets for reducing greenhouse gases, while shifting electricity production to cleaner sources of energy, such as wind and solar power”

But “…with project costs running upwards of $1 billion, the projects need to overcome numerous environmental and economic hurdles at a time when the commercial feasibility of wind power remains a question…”

You can say that again. Following is the history to date of coastal wind farm development in the Northeast.

In Massachusetts, Cape Wind Associates hopes to erect 130 wind turbines some 14 miles off the island of Nantucket. The project is expected to produce an average of 170 megawatts of electricity at any given time, about 75% of the average electricity demand for Cape Cod, Martha’s Vineyard, and Nantucket island combined.

81% of Massachusetts adults support the project, 61% of Cape Cod residents support it, and only 14% of adults oppose it. Unfortunately for the project developers, one of the opponents is Robert Kennedy, Jr. whose family’s Kennedy Compound is within sight of the proposed wind farm. Robert’s uncle (and U.S. Senator) Edward Ted Kennedy has done his part to kill the project by adding a section to a Coast Guard reauthorization bill that would have banned any offshore wind project that is sited within 1.5 miles of a shipping channel.

A federal environmental impact study on the project is nearing completion but the jury’s still out on this one.

In New York State, soaring costs led Long Island Power Authority Chairman Kevin Law last summer to terminate a controversial plan to build a 40-turbine wind farm off the coast of Jones Beach. When LIPA first announced the plan, it estimated the cost to be between $150 million and $200 million. But LIPA did not disclose actual costs until Newsday filed a Freedom of Information Law in 2007.

Initially, LIPA denied the request, but on appeal it provided limited and outdated information disclosing that FPL Energy’s winning bid for the project in 2003 was $356 million. Newsday later reported that the cost had ballooned to $650 million. By the time the project was canceled, the LIPA was admitting to a total cost just shy of $700 million.

In Delaware, “Eager to become the first northeast state to supplant a chunk of its fossil-fuel-derived energy with wind power, Delaware’s Public Service Commission has been all but flogging the state’s largest electricity producer, Delmarva Power, into a long-term contract with upstart wind farm developer, Bluewater Wind.”

That’s what we reported on September 28, 2007 in our post A financial windshift for Delaware energy?

But the project has stalled in recent months and is now the subject of renewed hearing in the Delaware legislature. On February 20, we were writing in DE’s wind-power debate has implications for NJ that:

“The battle over a proposed 150-turbine wind farm off Delaware’s Rehoboth Beach intensified Saturday as the president of Delmarva Power published an op-ed letter in the Wilmington News Journal attacking Bluewater Wind project as too costly. “

There’s that word “costly” again, just like in New York. Look for it to reappear in the upcoming debate in New Jersey, as details of the three competing projects are made available.

One of the interesting differences in the Garden State, however, will be the fact that a utility (PSEG) is one of the wind farm developers instead of the main opponent as has been the case in Delaware.

It should be an interesting discussion.

0-for-3 offshore wind power tries Jersey Read More »

Week’s top environmental & political news

Some of the top environmental and political news stories for New Jersey, Pennsylvania, New York and beyond appearing in EnviroPolitics from February 25 – 29, 2008.

New Jersey Environmental News
Report blasts plan for landfills, seeks probe When EnCap got state approval to transform Meadowlands landfills into a luxurious complex of golf courses, offices and hotel rooms, the company said it had the money and skills to get the $1 billion job done. But a report released yesterday by state Inspector General Mary Jane Cooper concluded EnCap significantly misrepresented its qualifications and financing and has asked the AG’s office to consider a criminal investigation Star-Ledger NY Times AP Press

The Miracle in the Meadowlands?
As sold to the public, the EnCap Golf project sounded great. A vast stretch of Meadowlands swamps and landfills would morph from toxic wasteland into a bastion of the good life — a golf-themed mini-city with upscale housing and easy access to New York Bergen Record Horseshoe crab ban considered Legislation banning horseshoe crab harvesting along NJ shores was sent to the state Assembly yesterday, as lawmakers rushed to protect a shore bird that relies on crab eggs for food during spring migration Star-Ledger Agriculture Department essential, state farmers say Farmers and agriculture supporters are sending the governor the message that his proposal to eliminate the state Department of Agriculture ”doesn’t save much at all and would decimate the leadership of the industry” AC press

Farmers say Corzine’s scythe could be their ruin Gov. Jon Corzine’s budget would leave the Garden State without a Department of Agriculture Star-Ledger
> Budget leaves farmers fuming Express-TimesLegal ruling seen as shield against property seizure In a decision that lawyers believe could affect the efforts of towns to take private property for private redevelopment, a state appeals court rules that local governments must give owners clear and timely warnings that they could lose their property Star-Ledger Highlands Council’s definition sparks enviros’ ire It looks like a simple question. What construction materials can water pass through? Gravel? Concrete? Grass? Star-Ledger Outages cut radiation monitors’ data stream New Jersey, which still had five radiation monitors that aren’t working on and around the Oyster Creek nuclear plant site in Lacey last week, is confronting a new problem: repeated Internet outages AP Press
New Jersey Political News


Feds argue affair gave ex-mayor a motive Prosecutors plan to use tickets to a boxing match in Tennessee to help prove that former Newark Mayor Sharpe James had an intimate relationship with a city businesswoman who allegedly reaped nearly $700K in profits from questionable land sales Star-Ledger

Two UMDNJ doctors admit to embezzling Cardiologists plead guilty to federal embezzlement charges, admitting they were paid $870,000 as faculty members of the state’s medical university for doing little more than referring patients Bergen Record

NJ braces for cuts sought by governor From emergency rooms in city hospitals to hayfields in horse country, residents began bracing on Wednesday for the upheaval NY Times

Corzine seeks to cut NJ budget and work force Declaring that the state had reached an irrevocable “turning point” because of years of bad fiscal habits, Gov. Jon S. Corzine proposed a budget on Tuesday that would reduce the state’s work force by 3,000 people, close three departments and prune expenses for services including colleges and hospitals NY Times

Booker might be witness in James trial
Newark Mayor Cory Booker emerges as a potential witness in the corruption trial of his predecessor and former political rival Star-Ledger Ashcroft relents, will testify on Christie contract Facing the threat of a subpoena, former Attorney General John Ashcroft agreed yesterday to testify before a congressional committee that has questioned a lucrative assignment he received from U.S. Attorney Christopher Christie to serve as a corporate monitor in a New Jersey case Star-Ledger Jersey schools got tainted meat from California plant Tainted meat from a California meatpacking plant, which was shut down after the nation’s largest beef recall, made its way to more than 100 New Jersey schools participating in federal lunch programs, state officials said yesterday Star-Ledger

Pennsylvania Environmental News
NRC chairman says report on napping guards at Peach Bottom not fully reviewed The chairman of the Nuclear Regulatory Commission acknowledged Thursday that more should have been done to thoroughly investigate a tip that security guards routinely took naps while on the job at a Pennsylvania nuclear plant Delaware County Times

Biodiesel maker sets sights on Neville Island Diamond Star Energy CEO Susan Ostrowski has presented a plan to Neville commissioners and is seeking the township’s support as her company works to convert an existing plant on the island to manufacture biodiesel, a clean-burning alternative fuel produced from renewable resources Pittsburgh Tribune-Review Discussion highlights divisive debate over Chesapeake cleanup Municipal officials charged Tuesday night that the Chesapeake Bay Tributary Strategy places an unfair burden on taxpayers while giving farmers, a major source of harmful nutrients, a free pass Carlisle Sentinel Somerset windmill plan judged deficient by state A controversial proposal to build 30 wind turbines in an ecologically sensitive watershed containing a wilderness trout stream on Shaffer Mountain in northeastern Somerset County has been judged deficient by the state Post-Gazette Scientist tells crowd bay needs a cleanup The tremendous cost of cleaning up Chesapeake Bay, and its coming impact on midstate residents, has been getting much attention. But the reasons often get overshadowed, a scientist told a panel discussion sponsored by the West Shore Chamber of Commerce Patriot-News Governors defending use of coal State leaders pushing alternative energy are not shying from coal, a major culprit in global warming but also a homegrown energy source and an economic lifeline for many states Associated Press Rendell intervention saved Fish and Boat exec’s job A move by the state Fish and Boat Commission board to remove its executive director was thwarted last month when a Gov. Rendell staffer intervened, according to sources close to the agency Times Leader Bay cleanup costs loom for PA Few residents in the central Pennsylvania town of Huntingdon regularly, if ever, head to the Chesapeake Bay to enjoy its many recreational opportunities, though they may be saddled with higher sewer bills to help clean it up
Press-Enterprise

Pennsylvania Political News

State lawmakers want tighter scrutiny of slots Legislators signal greater scrutiny for PA’s slot-machine law as they press for answers after a casino owner was charged with lying to gambling regulators to win his license Inquirer

Most doubt slots will yield tax cuts PA voters expect slot machines will raise an additional $1 billion a year by 2012, yet they’re not so optimistic that the extra revenue will mean much of a property tax cut for them Patriot-News Rendell: Subsidized health care would help small businesses Gov. Ed Rendell tells the House of Representatives Committee on Small Business that his plan to subsidize health care for the uninsured would relieve a burden on small businesses The Bulletin

PA smoking ban: Not if, but how One is a Vietnam veteran from north-central Pennsylvania, a lifelong smoker fighting for the rights of fellow vets to light up in VFW halls Inquirer

No country for old men? Seniors weigh in on McCain Frankie La Rosa likes everything about John McCain’s politics. He likes his moderation. He likes his integrity. He even read one of his books. But when Pennsylvania’s primary rolls around on April 22, he plans to vote for Hillary Rodham Clinton Morning Call

New York/Region/World
Hess to pay $1.1M fine for NY enviro violations Newsday
Spitzer calls off sale of land near Javits Center NY Sun
New York City’s black taxis going green Reuters
Court upholds DEC on brownfields Times Union Ithaca Journal
Revenue estimates endanger NY budget Democrat & Chronicle
An experiment to get shellfish to tidy up a bit
New York Times
Indian Point agrees to pay $650,000 siren fine Journal News
House votes to end big oil’s tax breaks Washington Post
Alaska to sue BP over 2006 Prudhoe spill Reuters

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Week’s top environmental & political news Read More »

Connecticut’s LNG solution? Put it in Jersey

Connecticut Attorney General Richard Blumenthal is outraged that Shell is proposing to erect a liquefied natural gas storage facility in Long Island Sound. He calls it “an environmental atrocity, a serious security risk and a navigation nightmare.”

But he acknowledges that Connecticut and New York need more natural gas – and perhaps large LNG facilities (like Shell’s proposed Broadwater terminal) – to feed a growing demand for energy.

So what alternative does he propose? Put the damn thing in New Jersey.

No kidding. In an opinion piece published today in Newsday, Mr. Blumenthal offers up the Garden State as the ideal facility host, arguing:

Exxon Mobil’s proposed BlueOcean LNG terminal off the New Jersey coast, for example, would be in open water away from shipping lanes and environmentally sensitive areas and would require less underwater pipeline, while providing 20 percent more natural gas capacity to the Northeast market than Broadwater. “

And if that isn’t acceptable? Guess which are find his #2 and #3 choice locations?

Other terminals under consideration – also worthy of support – are Crown Landing in Logan Township, N.J., and Safe Harbor Energy off the coast of New Jersey.

Normally, attempting to foist off an “environmental atrocity” on New Jersey would bring a prompt rebuke from the guy in charge in Trenton. But that might prove a bit awkward in this case, since New Jersey’s attorney general has already gone to the U.S. Supreme Court to defend the state’s right to host the above mentioned Crown Landing LNG facility in the Delaware River just off Logan Township.

That LNG proposal brought the Delaware of Governor bristling into court, claiming New Jersey was poaching in its territorial waters.

In these confusing days of shrinking energy supplies and expanding political bravura it’s difficult to judge who is right or wrong.

Got an opinion on any or all of this? Click on the comment line below and let us know what you think.

SIDEBAR: AG Blumenthal’s full comments can be viewed here
Our previous posts are: New York postpones LNG facility decision
and NY and CT face off over LNG terminal

Connecticut’s LNG solution? Put it in Jersey Read More »

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