Delaware’s Superior Court will allow the state’s climate deception suit to move forward while granting some concessions to BP America Inc. and other industry defendants.
In a decision issued on Tuesday, Judge Mary M. Johnston scrapped claims of misrepresentation against certain individual companies and also claims regarding global emissions that don’t originate in Delaware. She wrote that claims against emissions “from out-of-state or global greenhouse emissions and interstate pollution” are preempted by the Clean Air Act and beyond the limits of state law.
Johnston did, however, find that “the CAA does not pre-empt state law regulation of alleged claims and damages resulting from air pollution originating from sources in Delaware. Air pollution prevention and control at the source is the primary responsibility of state and local governments.”
The judge also denied companies’ other major arguments against the case, including claims that the lawsuit raises nonjusticiable political questions.
Delaware’s attorney general filed the case in September 2020, joining other states, cities, and counties looking to hold energy companies liable for allegedly misleading climate change statements.
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BY SAMMY ROTH, COLUMNIST, Los Angeles Times, JAN. 11, 2024 6 AM PT
“Golden eagle’s death sparks shutdown of wind farm.”
“Criminal cases for killing eagles decline as wind turbine dangers grow.”
“Proposed wind farm fuels debate about threats and benefits to migrating birds.”
Those are all recent news headlines. You may have seen similar stories over the years, including from the L.A. Times.
It’s not hard to figure out why there’s so much news coverage. Lots of people love birds, and they’re understandably concerned about giant spinning blades hundreds of feet in the air chopping up their favorite critters. The photos are gruesome.
But should we be even more worried about other types of energy development? Like, for instance, oil and gas drilling?
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The funding, which will go to two private haulers and three local governments, comes as more diesel-powered heavy-duty vehicle fleets are transitioning to cleaner fuel.
A model of an electric truck and charging station at Mack Truck’s booth at Waste Expo 2023. Jacob Wallace/Waste Dive
The Pennsylvania Department of Environmental Protection is issuing $39.6 million in state grant funding to assist diesel-fueled fleets in transitioning to zero-emission vehicles, a portion of which will go to Class 8 refuse vehicle fleets.
Five of the listed recipients will acquire a total of 32 battery-electric refuse collection vehicles. The grants will also support building charging capacity for the new vehicles.
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State lawmakers used the final full day of a two-year legislative session to send Gov. Phil Murphy dozens of bills seeking to update everything from protections for domestic workers to how much they themselves are paid.
Amid Monday’s flurry of legislative activity at the very end of a lame-duck portion of the calendar following last November’s elections, Murphy also announced dozens of bills he’s signed into law.
Those new laws include, among many others, efforts to combat an ongoing teacher shortage and to improve the treatment of those suffering from sickle cell disease.
Monday also served as a swan song for a large group of departing lawmakers, including, among others, former governor and Senate president Richard J. Codey (D-Essex) and former Senate Republican leader Steve Oroho (R-Sussex).
On Tuesday, the Legislature will reorganize based on the election results from November. In all, more than 30 new members of the Legislature will be sworn into office and another six are moving up to the Senate from the Assembly.
Murphy, a second-term Democrat, is also scheduled to deliver the annual state-of-the-state address at the State House on Tuesday.
Here’s a closer look at some of the new laws enacted by Murphy on Monday:
‘Forever chemicals’
A new law signed by Murphy bans the use of fire-fighting foam that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) — toxic substances known as “forever chemicals” because they don’t break down in nature. Foam containing PFAS has for decades been used to fight chemical and oil fires, situations where water alone generally isn’t enough to extinguish a blaze.
A growing body of research has linked PFAS exposure to serious health conditions, including increased rates of testicular and kidney cancers, decreased birth weights in infants, and increased risk of preeclampsia in pregnant women, according to the Centers for Disease Control and Prevention. Firefighters — who are exposed to harmful substances in emergencies while wearing PFAS-containing gear and sometimes using this toxic foam — are experiencing rising cancer rates in their ranks.
The PFAS-containing foam remains an effective tool for dealing with intense fires, and work is still underway to find suitable nontoxic alternatives. Because of that, the new ban will be phased in with a two-year grace period, though certain industrial facilities will get a four-year grace period. But a controversial carve-out is made specifically for oil refineries and petroleum terminals in New Jersey — those facilities will have an eight-year grace period with the possibility of an additional four-year extension.
The bill also allocates $250,000 to the state Department of Environmental Protection, to create a grant program to help small, municipal fire departments dispose of any existing foam stocks. The bill was unanimously passed by both the Assembly and the Senate.
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Ahead of New York’s curbside composting program rollout, the New York Department of Sanitation (DSNY) Staten Island Compost Facility has undergone an expansion that DSNY says will increase the facility’s capacity by nearly 2,000 percent. The expansion includes new equipment, known as an aerated static pile, which exposes all sides of pre-composted material piles to air and moisture to speed up the composting process without the need for daily turning and repositioning.
“Over the last decade, the Department of Sanitation has produced hundreds of millions of pounds of finished compost here on Staten Island, which, today, is in parks, gardens and yards in every corner of the city,” DSNY Commissioner Jessica Tisch says.
“The goal of New York City’s curbside composting program—the largest, easiest ever—is to create beneficial use for material that used to do nothing except feed rats and produce methane. As service reaches all New Yorkers this year, this new expansion means more food waste turned into usable compost.”
Previously, food waste brought to the Staten Island Compost Facility was processed in large piles known as windrows, which took six to eight months to break down into finished compost. The expansion, an aerated static pile system set up across 16 temperature- and moisture-controlled concrete bays, cuts that time in half while boosting the facility’s capacity to process food waste from 3 million pounds per year to 62.4 million pounds per year, DSNY says. The facility also can process 147 million pounds of yard waste annually, bringing the facility’s total capacity to 209.4 million pounds of incoming material per year.
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On Tuesday, the 221st Legislature commenced in Trenton. The Senate welcomed 10 new Senators to the chamber, namely: Sen. Carmen Amato, Jr. (LD9); Sen. John Burzichelli (LD3); Sen. Owen Henry (LD12); Sen. John McKeon (LD27); Sen. Angela McKnight (LD31); Sen. Paul Moriarty (LD4); Sen. Raj Mukherji (LD32); Sen. Parker Space (LD24); Sen. Britnee Timberlake (LD34); and Sen. Latham Tiver (LD8).
Senators McKeon, McKnight, Moriarty, Mukherji, Space, and Timberlake each moved over to the Senate after serving in the General Assembly during the last session. Sen. Nick Scutari, of Union County, was elected to continue as Senate President, and Sen. M. Teresa Ruiz, of Essex County, will continue as the Senate Majority Leader. Sen. Shirley Turner, of Mercer County, has been named President Pro Tempore, a position she previously held twice, and Sen. Anthony Bucco, of Morris County, will continue as the Senate Minority Leader.
The Assembly also welcomed new members. Asw. Tennille McCoy (LD14) was sworn in on January 8th, to occupy the seat that former Asm. Dan Benson, who is now the Mercer County Executive, vacated on taking his oath on January 4th.
The following 25 members of the new class took their oaths of office at the War Memorial yesterday: Asw. Heather Simmons (LD3); Asm. David Bailey, Jr. (LD3); Asm. Dan Hutchison (LD4); Asm. Cody Miller (LD4); Asm. Gregory Myhre (LD9); Asm. Paul Kanitra (LD10); Asw. Margie Donlon (LD11); Asw. Luanne Peterpaul (LD11); Asm. Kevin Egan (LD17); Asw. Dawn Fantasia (LD24); Asm. Michael Inganamort (LD24); Asw. Rosy Bagolie (LD27); Asw. Alixon Collazos-Gill (LD27); Asw. Garnet Hall (LD28); Asm. Alexander Schnall (LD30); Asw. Barbara McCann Stamato (LD31); Asw. Jessica Ramirez (LD32); Asm. John Allen (LD32); Asm. Gabriel Rodriguez (LD33); Asm. Julio Marenco (LD33); Asm. Michael Venezia (LD34); Asw. Carmen Morales (LD34); Asm. John Azzariti, Jr. (LD39); and Asm. Al Barlas (LD40).
Speaker Craig Coughlin, of Middlesex County, will continue as Speaker of the Assembly and now has the distinction of being the longest-serving Speaker of the Assembly. Asm. Lou Greenwald, of Burlington County, will continue as the Assembly Majority Leader, and Asm. John DiMaio, of Warren County, will continue as the Assembly Minority Leader.
The Legislature’s reorganization will also impact the leadership of various committees. The General Assembly announced its new Committee assignments yesterday. Numerous committees will be led by a new chairperson this term, including: Asw. Shanique Speight (new Aging and Human Services Committee); Asw. Shavonda Sumter (new Community Development and Women’s Affairs Committee); Asm. William Spearman (Commerce, Economic Development, and Agriculture); Asm. Roy Freiman (Financial Institutions); Asm. Sterley Stanley (Regulated Professions); Asw. Ellen Park (Judiciary); Asm. Anthony Verrelli (Labor); Asw. Linda Carter (Higher Education); Asm. William Sampson IV (Consumer Affairs Committee); Asm. Clinton Calabrese (Transportation and Independent Authorities); Asm. Joe Danielsen (new Public Safety and Preparedness Committee); and Asm. Moen (Tourism, Gaming, and the Arts).
In their respective remarks ahead of the Governor’s address, Senate President Scutari, Majority Leader Ruiz, and Speaker Coughlin each underscored some of the Legislature’s priorities this term, including improving mental health; ensuring businesses thrive; bettering transportation; addressing food insecurity; improving childhood literacy; and closing the achievement gap between students in our public schools.
Democrats will retain control of both houses in the new Legislature with margins of 25-15 in the Senate and 52-28 in the Assembly.
Governor Murphy’s Priorities
Governor Phil Murphy delivered his penultimate State of the State address yesterday afternoon. In years past, he has invoked themes of a “stronger and fairer” New Jersey and “New Jersey as a State of Opportunity.” Both themes were present during the Governor’s sixth address since he took office. In his remarks, Governor Murphy looked ahead to the new legislative session and underscored the following priorities that his Administration will focus on: affordability, job creation, education, healthcare, the protection of fundamental rights, and the expansion of new sectors such as renewable energy, cannabis, and artificial intelligence (AI) in the coming year.
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