Even a cure hurts oystermen in the Gulf–and in NJ, too

A discouraging but instructive story in today’s Wall Street Journal relates how:

“In April, soon after the oil spill started, Louisiana officials started opening gates along the levees of the Mississippi River, letting massive amounts of river water pour through man-made channels and into coastal marshes. It was a gambit—similar to opening a fire hose—to keep the encroaching oil at bay.

“By most accounts, the strategy succeeded in minimizing the amount of oil that entered the fertile and lucrative estuaries. But oyster farmers and scientists say it appears to have had one major side effect: the deaths of large numbers of oysters, water-filterers whose simplicity and sensitivity makes them early indicators of environmental influences that ultimately could hit other marsh dwellers too.”

The men and women who make their living from the Gulf just can’t catch a break.

Oystermen in New Jersey–and an environmental organization there, too–are sharing in the painful consequences of the BP oil rig disaster.

The state’s $790 million oyster, clam and mussel harvest faces a possible shutdown by the U.S. Food and Drug Administration which contends that New Jersey’s Department of Health and Senior Services failed to conduct adequate inspections in 2008 and 2009 at plants that process the mollusks hauled in by small, commercial fishing operations.

The state Department of Environmental Protection (DEP) also failed to conduct mandated patrols of polluted coastal waters to guard against the poaching and illegal sale of contaminated mollusks, federal authorities said.

If the FDA doesn’t see a marked improvement in both, it threatens to shut down the state’s harvest.

The NY/NJ Baykeeper has spent more than $100,000 to build oyster reefs in Raritan Bay to test whether the waters have become clean enough for oysters to survive again in North Jersey.  Now, it’s been ordered by the DEP to remove the oysters.

What’s the connection between Gulf oysters and those harvested in New Jersey?

It has to do with the widespread media attention given to the Gulf contamination which, in turn, heightened public concern over the health of oysters served in restaurants everywhere.

The (Bergen) Record reported on Sunday that:

“In June, the DEP banned cultivation of commercial shellfish in polluted state waters for research purposes, saying the reefs could be targeted by poachers. If the contaminated shellfish got into commercial circulation, and someone got sick, it could create a major public relations nightmare for the state’s $790 million commercial shell-fishing industry, which is based in the cleaner waters of southern New Jersey, DEP Commissioner Bob Martin has said. “

The North Jersey reefs are about 80 feet long by 80 feet wide and lie in water up to 10 feet deep. The Baykeeper group had to use heavy machinery, work boats and scuba divers to get the reefs into place, and will likely need the same resources to remove them.

The Baykeeper organization originally objected to the DEP order and sought the aid of some in the state Legislature to overturn it. On Friday, Baykeeper executive director Debbie Mans said that her organization will comply with the removal order, but she added:

“We’re disheartened the DEP would single out an environmental group in such a public and vicious manner.  We do think they’re just using our program to hide the larger issue of deficiencies in their statewide patrols of polluted waters for poachers.”

Amazing, isn’t it, how a single management decision on the deck of an oil rig could damage not only the lives of so many residents of the Gulf but also people and economies far away. 

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Funding for Delaware River Basin conservation plan

  

Bombay Hook/Delaware Today

The National Fish and Wildlife Foundation has awarded The Nature Conservancy a $450,000 grant to fund a comprehensive conservation plan for the Delaware River Basin.

The project is a joint effort involving The Nature Conservancy’s Delaware, New Jersey, Pennsylvania, and Eastern New York chapters, the Natural Lands Trust, and the Partnership for the Delaware Estuary.

The National Fish and Wildlife Foundation announced the grant award on Wednesday, July 14.

The Delaware River Basin and its surrounding watershed represent one of the most intact freshwater systems in the region. Freshwater systems are inextricably linked to the lands that surround them, and the adverse impacts of threats including development, pollution, and climate change have taken a toll on the health of the Basin.

However, many areas of the basin remain in good condition, and opportunities exist to conserve high quality habitats and restore those that have been degraded, said Andrew Manus, director of Conservation Programs for The Nature Conservancy of Delaware.

The Delaware Basin Restoration Initiative will identify opportunities to protect and improve water quality and habitat, as well as provide a blueprint for the region’s conservation organizations and agencies to implement components of the plan.

The National Fish and Wildlife Foundation (NFWF) is a 501(c)(3) non-profit that preserves and restores our nation’s native wildlife species and habitats. Created by Congress in 1984, NFWF directs public conservation dollars to the most pressing environmental needs and matches those investments with private funds. The Foundation’s method is simple and effective: we work with a full complement of individuals, foundations, government agencies, nonprofits, and corporations to identify and fund the nation’s most intractable conservation challenges.

For full story see: Delaware River to benefit from environmental grant

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Solar and biofuel bills clear NJ environment committee

The New Jersey Senate Energy and Environment Committee yesterday approved bills that expand siting opportunities for solar-energy facilities and promote state use of biofuels.

Senator Jim Whelan (D-Atlantic County) said there are roughly 80 old landfills in Pinelands region towns where local governments do not have the money to properly cap the facilities. His bill, S-2126, would allow solar-energy developers to overcome existing Pinelands restrictions and erect solar arrays on the site of any closed landfill or quarry. 

Whelan said the towns could use revenues generated by the energy facilities to help pay the cost of capping the facilities. The bill also permits similar installations at closed landfills and quarries outside the Pinelands.

The environment committee also released twin bills S-1413 (Smith) and A-1052 (Quijano/Cryan/Chivakula) that require state entities to purchase biofuels in place of fossil fuels when it is “reasonable, prudent and cost effective to do so.”

The bill was amended to define “biofuel” as “liquid or gaseous fuels produced from organic sources such as sustainably grown and harvested crops including native noninvasive energy crops, agricultural residues, non-recycled organic waste including waste cooking oil, grease and food wastes, sewage and algae.” 

The amended bill defines ‘energy crops‘ as those “grown exclusively for energy production, including switchgrass and poplar.”

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Bill hiking spill liability to $1B advances in NJ

hazardous spill

Reacting to the devastating BP oil spill in the Gulf of Mexico, a  New Jersey legislative committee yesterday released  a bill (S-2108) that would increase the state Spill Fund’s current liability cap of $50 million to $1 billion.  The measure was amended to also increase the per-vessel cap from $1,200  to $3,000 per gross ton.

However, after hearing testimony from petroleum and chemical industry lobbyists objecting to the 20-fold increase for on-shore spills, bill sponsor Bob Smith (D-Middlesex) agreed to consider floor amendments that would increase the cap to some yet undermined level for on-land spills while leaving unchanged the bill’s $1 billion cap for off-shore spills.

New Jersey Petroleum Council Executive Director James Benton told members of the Senate Energy and Environment Committee that the current $50 million cap had been sufficient for all spills at petroleum facilities since the Spill Fund was instituted in 1976 and that an oil tanker spill in the Delaware River that totaled $100 million was covered by the shipping company’s insurance carrier and did not require the use of Spill Fund money.

Smith said that while major corporations may be able to cover cleanups in excess of the law’s current $50 million liability cap, he was concerned about a potential $350 million spill at a mom-and-pop-sized facility.  “This bill is designed to cover that situation,” he said.

New Jersey Chemistry Council Executive Director Hal Bozarth questioned whether the more than 300 chemical and pharmaceutical companies also covered by the state Spill Fund law would be able to find insurance carriers willing to provide coverage for spills with a $1 billion cap—and at what cost.  He said that pollution premiums currently run between 8 and 15 percent of the liability exposure.

A representative of the state Department of Environmental Protection, which supports the legislation, agreed to the committee’s request that the department research the history of Spill Fund payouts and make a recommendation as to a new liability level for on-shore spills.

The New Jersey Audubon Society and the New Jersey Sierra Club registered their support for the legislation.

Related
:
 Congress moves to lift oil spill liability cap

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Bill would hike New Jersey Spill Fund liability

Are New Jersey’s onshore petroleum and chemical industries about to be punished for BP’s disastrous oil rig spill in the Gulf of Mexico?   

That’s how some may view S-2108, legislation that will be taken up on Thursday in Trenton by the Senate Energy and Environment Committee. 

Sponsored by committee chairman Bob Smith (D-Middlesex), the bill would raise the state Spill Fund’s liability limit for hazardous substances spills from the current $50 million to a new maximum of $1 billion.

Hal Bozarth, the Chemistry Council of New Jersey’s executive director, said the bill would “ increase taxes and fees on hundreds of New Jersey facilities, significantly affecting industry jobs.”

New Jersey’s Spill Compensation and Control Act, which has been in effect for  30 years, covers the owners and operators of large petroleum and chemical facilities. They support the fund through an annual tax which is based on  the amount of hazardous substances they manufacture, store or transport. 

The law was enacted to cover spills at existing facilities and the cleanup of hazardous discharges at abandoned sites whose former owners have gone out of business.

Jim Benton, executive director of the New Jersey Petroleum Council, notes that the Gulf spill liability issue is already being debated in Congress where legislation would impose a $1 billion liability cap on oil companies.  

Benton questioned the appropriateness of grafting the same limit onto the New Jersey spill act, where he says the current $50 million limit has proven sufficient and where spills have historically been limited to facility sites.

He said his members were “concerned about the bill’s impact on our energy supplies and our onshore facilities in New Jersey.”

Benton concedes that the legislation does not directly raise the Spill Fund tax on refineries but noted that affected companies would be required to support higher reserves to accommodate their increased legal liability.

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Another Rendell insider jumps to shale gas industry

A third member of Pennsylvania Governor Ed Rendell’s administration has taken a job with the natural gas industry which is ramping up drilling operations in the Marcellus Shale while fighting tougher environmental regulations and a state tax on natural gas.

Read the details in today’s issue of EnviroPolitics.

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Other hot environmental news stories in today’s edition:

Pennsylvania’s DEP releases a report on the June 3-4 well blowout…
Hearings open today on controversial plans to dredge the Delaware River…

NJ fishermen caught up in a tightening net of government regulation…

…and over a dozen more! 

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