Hate development surprises? Read this.

“Does your project development due diligence checklist include a review of resolutions passed by the Council on Affordable Housing (“COAH”)? If not, your project might be at risk, and you may not discover it until you are ready to start construction.”

That’s the alarm-bell opening paragraph in a bulletin sent by the Gibbons law firm to clients in New Jersey–especially those who have projects in the state’s Highlands region.

The alert, authored by attorneys Douglas J. Janacek and Michael Miceli, both of the firm’s Real Property & Environment practice, goes on to explain:

“Last year, Governor Corzine signed an Executive Order, which required the Highlands Council to cooperate with COAH, the Department of Environmental Protection, and the Department of Community Affairs to, among other things, ensure that municipalities in the Highlands maximize affordable housing opportunities while preserving critical environmental resources, including scarce land, water, and sewer resources, by dedicating those resources on a priority basis to the production of affordable housing.

“In response, the Highlands Council and COAH entered into a Memorandum of Understanding (“MOU”) to “develop a cooperative planning process that will enable each agency to carry out their respective” responsibilities. Regarding the preservation of scarce resources, the MOU required COAH to issue a “scarce resource order” for all Highlands municipalities under COAH’s jurisdiction.

“Outside the rubric of formal rulemaking (and thus, subject to little if any public scrutiny), COAH adopted a resolution implementing a scarce resource restraint on the 51 Highlands municipalities under its jurisdiction (since then, COAH has lifted the restraint on 12 Highlands municipalities that submitted third round housing element and fair share plans; it extended the deadline to submit for certification for the remaining municipalities, but kept the restraint in place for them). The restraint, which impacts developments in the Planning Area and Preservation Area of the Highlands, reserves scarce resources that may be essential to fulfill a municipality’s fair share obligation. It applies to municipal actions associated with development approvals, water allocation, and wastewater allocation.

“What does that mean to you? Essentially, in the affected Highlands municipalities, the restraint becomes an unfulfilled condition precedent to any development approval or construction activity unless the application is exempt or is formally granted a waiver.”

Interested in reading more? You’ll find the entire IN-SITES newsletter article here.

’60 Minutes’ on the problems with coal waste
Week’s top environmental news: Sep. 28 – Oct. 2, 2009
New York proposes Marcellus Shale drilling rules

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Hate development surprises? Read this. Read More »

NJ enviro group backs Christie for governor

No that’s not a typo in the headline.

The New Jersey Environmental Federation (NJEF), one of the largest enviro-activist organizations in the state has endorsed not only a (gulp) Republican for governor but (double-gulp) one who served in the federal government under Bush/Cheney.

Yes, we’re talking about Chris Christie.

Surprised? Amazed? And maybe a bit baffled?
We are, too.

It was one thing for the Sierra Club to endorse former NJDEP Commissioner Chris Daggett’s independent campaign for governor. But it’s another for the NJEF, which had originally announced it would make no endorsement in the race, to come out for Christie.

What’s going on? We don’t know. But here’s a theory.

The state’s other big enviro group, the Sierra Club, didn’t just stop with their endorsement of Daggett. Its leader went on, in press release after press release, to rip incumbent Democratic Governor Jon Corzine’s environmental record.

The pounding culminated in the astonishing claim that Corzine is
the worst environmental governor in history.

Whoa! Did they forget all about Christie (Honey, I shrunk the DEP) Whitman and Jim “fast track development” McGreevey?

Is this the same Jon Corzine who the rest of us have seen signing one environmental bill after another? The governor who got out ahead of virtually all other states in setting aggressive goals for greenhouse gas reductions. The guy who has backed cap-and-trade, solar-energy incentives and offshore wind power development?

And, even if the Sierra Club wasn’t satisfied with Corzine’s record, it’s one thing to back another candidate to display your convictions but totally another to flay a sitting governor who just might win re-election. That, we submit, is just plain dumb.

So, our theory continues, rather than risk seeing the governor’s office door slammed on the environmental community for the next four years, it might be a good idea for the other big green group to back the other major candidate…even if he is a Republican friend of Karl Rove.

There’s one tiny weakness to the strategy. Corzine could win.

Then what happens?

The enviros may be counting on the fact that Jon can’t seem to repress a single “progressive” reflex. They may have good reason to suspect that, after a decent interval for sulking, he’ll succumb to let’s kiss and make up.

But what if the governor has been in New Jersey long enough now to adopt a more native political reaction? You know, the one called: Piss me off and see who wins.

Time will tell. In the meanwhile, we thought you might enjoy the Star-Ledger video below.

Even after today’s NJEF announcement, is still a pretty good summary of the New Jersey environmental community’s current political quandry.

NJ enviro group backs Christie for governor Read More »

Want to participate in the next RGGI auction?

Interested in learning about the procedures
and qualifications necessary to participate in the next Northeast and Mid-Atlantic Region RGGI auction to be held on December 2, 2009?

You’ll get a chance to learn all you need in a free webinar that will be presented by the Regional Greenhouse Gas Initiative, Inc (RGGI) from 2 to 3 p.m. on Thursday, October 8.

The on-line seminar, which is open to all, will review the auction format, forms that need to be submitted, and bidder qualification processes. No registration is required. To access the webinar audio, dial the teleconference access number: (888) 875-4624 and enter
the participant code, 555661#.

For more information on the webinar and on RGGI, visit our
Enviro-Business News page.

While you’re there, sign up for free email alerts and consider submitting your own news releases for publication.

Our most recent posts:
’60 Minutes’ on the problems with coal waste
Week’s top environmental news: Sep. 28 – Oct. 2, 2009
New York proposes Marcellus Shale drilling rules
EPA expanding drinking water contaminant list

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Want to participate in the next RGGI auction? Read More »

’60 Minutes’ on the problems with coal waste

Lesley Stahl yesterday on 60 Minutes focused on the environmental and human health threats posed by the 130-million tons of ash and other wastes produced annually in the U.S. in the process of burning coal to make electricity.

Environmentalists and others have been pressing to have the material declared a hazardous waste because it contains arsenic,
lead and other toxic materials.

The coal and power industries say such a designation would force disposal costs to skyrocket.

They argue, instead, for other “beneficial uses” of the material, for example, as fill material under golf courses.

In an interview with Stahl, EPA Administrator Lisa Jackson says her agency is reviewing a number of factors including “the toxicity of the material and how it is currently managed.”

Jackson said her agency “will make a regulatory proposal no later than December.”

Read the entire story here or watch it below.

Watch CBS News Videos Online

Use the comment box below to share your views on the issue.
If it’s not visible, click on the tiny “comment” line below.

Related:
Alabama: Coal Ash Cleanup Advances
EPA Promoting Coal Ash for Consumer Use

Our most recent posts:
Week’s top environmental news: Sep. 28 – Oct. 2
New York proposes Marcellus Shale drilling rules
EPA expanding drinking water contaminant list
PSE&G’s latest New Jersey power line concessions

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’60 Minutes’ on the problems with coal waste Read More »

Week’s top environmental news in NJ, PA & NY: Sep. 28 – Oct. 2, 2009


Below are just a few of the environmental and political news stories for New Jersey, Pennsylvania and beyond that appeared in
EnviroPolitics during the week of Sep. 28 to Oct 2, 2009.

New Jersey Environment

Popular oyster program nearly out of money

Federal funding has hit a predetermined $5M cap, and now the Delaware Bay Oyster Restoration Project can’t go for more
AC Press

NJ utility CEO fights for climate bill A new Senate bill putting limits on carbon dioxide emissions will raise the cost of electricity, but national regulation is needed and could makeNew Jersey more competitive, the head of the state’s largest utility said Wednesday The Record

Campaign seeks support for open space bond issue A coalition of 135 conservation, environmental and historic preservation groups launched a campaign today to win voter support for a $400 million referendum to replenish state funds for open space preservation Star-Ledger

Regulators want limit on weakfish by 2010 After a brief, dismal 2009 season for weakfish, recreational anglers may be limited to catching one or two weakfish on their 2010 trips — or not fishing for the species at all AP Press

Enviros, developers disagree over state plan’s shape Enviro activists charged Thursday that an influential coalition of developers and their allies are hiding behind smart growth, economic recovery, and the election, to push a series of bills though the Legislature that the activists see as proposals that would undermine environmental protections NJ Newsroom Star-Ledger NJBIZ Gannett

New Jersey Politics

Governor candidates clash in first TV debate In the first televised debate of the hotly contested New Jersey governor’s race, the three leading candidates last night focused on the economy, property taxes, health care, and education, with each arguing that he would be the best person to lead the state through difficult financial times Inquirer Star-Ledger Debate Excerpts

Former Irvington mayor admits corruption Former Irvington Mayor Michael Steele will serve at least five years in prison for accepting thousands of dollars in kickbacks while working as the school business administrator Star-Ledger NJNR
> Opinion: The political culture must change Bob Villare

Sweeney says he has the votes to unseat Codey Key senators from all regions said to endorse him PolitickerNJ
> Codey accuses Norcross of underhanded campaign As he wages the fight of his life to hold on to his Senate presidency, Dick Codey sees work of his arch enemy everywhere Star-Ledger

Ex-Bergen Democratic counsel Oury pleads guilty Dennis Oury pleads guilty in federal court to charges of conspiracy to commit mail fraud and failing to file a tax return for 2006; plea comes two days before trial The Record

Poll: Property taxes top Jerseyans’ concerns Half the residents say they’d like to move out of state NJ Newsroom

Pennsylvania Environment

Enviros fight gas leasing in PA forests
A buried treasure of natural gas under Pennsylvania’s state forests and hills has a lot of people hoping for a big payoff: rural landowners, big energy companies and, now, the state’s politicians
Inquirer Towanda Daily Review Editorial: Fools Gold

Pennsylvania farm pollution – from bad to worse? A PA environmental group is warning that pollution from large-scale livestock farms in that state is worsening, and it’s calling for stricter government regulations and enforcement to help restore the Chesapeake Bay Baltimore Sun blog

Environmental compliance and safety promised by natural gas driller Nearly 200 people listened Monday night to remarks from a principal of Rice Energy LP, a company that plans to drill for natural gas beneath Farragut in the Marcellus Shale layer, and most of the queries were about how waste water is managed Sun-Gazette

Editorial: Sales-tax insanity The legislature might not be scrounging to pay for schools and roads if the statewide 6 percent sales tax were applied more fairly and were updated to reflect changes in the economy Inquirer

Opinion: Budget targets environment The state budget agreement being finalized by Gov. Rendell and legislative leaders would have a devastating impact on Pennsylvania’s environment Inquirer

Pennsylvania Politics

State budget deal appears jeopardized The tenuous bipartisan budget deal that Gov. Rendell and legislative leaders announced two weeks ago appeared to be in jeopardy last night Inquirer
> Behind the budgetary chaos Inquirer


11th-hour gas pains cloud state budget deal
Battle lines are drawn in the House over whether Pennsylvania should expand natural gas drilling in state-owned forests, raising $60 million a year, or join more than three-dozen other states and impose a ”severance tax” on the extraction of natural resources Morning Call


New York/ Nation/ World
Mob infiltration seen in New York City Agency The latest indictment to hit the New York City Buildings Department taps into the usual themes of bribery, corruption and compromised inspections. But it also introduces a new criminal element into the agency: the mob New York Times

Study warns of mercury near site
Elevated levels of toxic mercury and other heavy metals are in neighborhoods around the Lafarge cement plant in Ravena
Albany Times Union

Experts advise re-licensing for Indian Point Independent experts advising federal regulators on nuclear safety say Indian Point should be granted a 20-year extension LoHud. News

US bans sea bass fishing in its waters The federal government is banning black sea bass angling, beginning Monday, for 180 days because the year’s catch is already over the 2009 quota AC Press


Invasive species threaten New York’s natural order As a threat, invasives have been judged second only to habitat loss when it comes to a region’s biodiversity LoHud Journal

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New York proposes Marcellus Shale drilling rules

The New York Department of Environmental Conservation (DEC) yesterday released its eagerly awaited draft environmental impact statement which, after public comment and final adoption, will guide the state in issuing permits for drilling in the natural-gas-rich Marcellus Shale region.

In developing the 500-page document, the DEC said it studied the potential impacts of :

(1) water withdrawals

(2) transportation of water to the site

(3) the use of additives in the water to enhance the hydraulic fracturing process

(4) space and facilities required at the well site to ensure proper handling of water and additives

(5) removal of spent fracturing fluid from the well site and its ultimate disposition, and

(6) potential impacts at well sites where multiple wells will be drilled during a three-year period.

Here’s where you can view the entire Draft Supplemental Generic Environmental Impact Statement On The Oil, Gas and Solution Mining Regulatory Program

The public comment period will end on November 30, 2009.

There are three ways to submit comments:

1. By using an on line submission system which allows for written comments and attachments

2. By submitting e-mail comments (include your name, e-mail or return mail address to ensure you will receive notice of the Final SGEIS when it is available)

3. By submitting written comments to:

Attn: dSGEIS Comments

Bureau of Oil & Gas Regulation

NYSDEC Division of Mineral Resources

625 Broadway, Third Floor

Albany, NY 12233-6500.

Related:

NY regulators release gas drilling rules

NY regulators propose pre-emptive checks of gas wells

Schlumberger Presses for Shale-Gas Openness as Regulation Looms

Bad economy? Not in the Marcellus Shale

USGS report drills into Marcellus Shale concerns

Our most recent posts:

EPA expanding drinking water contaminant list

PSE&G’s latest New Jersey power line concessions

A big environmental issue awaits PA lawmakers

New Jersey leaps ahead in solar payback time

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in New Jersey, Pennsylvania and New York every business day.

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New York proposes Marcellus Shale drilling rules Read More »