EnviroPolitics Blog

Supreme court clips EPA authority over power plant emissions

By Adam Liptak, New York Times

WASHINGTON — The Supreme Court on Thursday limited the Environmental Protection Agency’s ability to regulate carbon emissions from power plants, making it much tougher for President Biden to achieve his goal of cutting greenhouse gas emissions in half by the end of the decade.

The vote was 6 to 3, with the court’s three liberal justices in dissent, saying that the majority had stripped the E.P.A. of “the power to respond to the most pressing environmental challenge of our time.”

In ruling against the E.P.A., the Supreme Court again waded into a politically divisive issue on the final day of a blockbuster term, adding to the conservative supermajority’s decisions to eliminate the constitutional right to abortion, vastly expand gun rights and further erode the wall separating church and state.

The implications of the ruling could extend well beyond environmental policy. It also signals that the court’s newly expanded conservative majority is deeply skeptical of the power of administrative agencies to address major issues facing the nation and the planet.

The decision set off criticism from the left, but voices from the coal industry and conservative states praised the ruling.

Mr. Biden, left with far fewer tools to fight climate change, said the ruling was “another devastating decision that aims to take our country backwards.” He vowed to take action even as the court limited his ability to act, adding: “We cannot and will not ignore the danger to public health and existential threat the climate crisis poses.”

Patrick Morrisey, the attorney general of West Virginia and one of the leaders of the challenge to the E.P.A.’s authority, welcomed the decision.

“E.P.A. can no longer sidestep Congress to exercise broad regulatory power that would radically transform the nation’s energy grid and force states to fundamentally shift their energy portfolios away from coal-fired generation,” he said.

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NY rejects crypto miner’s bid to renew power plant license permit

The decision was being viewed as an omen for Bitcoin mining in state

By Josh Saul and David Pan, Crypto

New York State rejected the renewal permit for a power plant used by Greenidge Generation Holdings Inc. for Bitcoin mining, a decision that comes after about six months of delays.

The Department of Environmental Conservation said it denied the application because of statewide limits on greenhouse gas emissions.

The ruling comes amid a heated debate between environmental groups and cryptocurrency miners about Bitcoin mining, which uses energy-intensive computers to process records of transactions and earn rewards in the virtual currency. It has become one of the most lucrative businesses and has expanded rapidly in the US.

Environmentalists want NY Gov. Kathy Hochul to pull the plug on crypto mining

Still, New York is putting forward restrictive measures on crypto mining facilities. The state Senate recently passed a bill that bars miners from using fossil-fuel sources to power their operations.

The bill is set to be delivered to Governor Kathy Hochul, who will decide whether it should become law. Hochul didn’t respond to a request for comment on the legislation.

This is the first time Greenidge’s permits to operate the natural-gas fired facility in upstate Dresden have come up for renewal. The state agency delayed decisions in January and again in March.

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Vineland, NJ has a new trash-pickup deal

By the Press of Atlantic City

VINELAND — The city and the Atlantic County Utilities Authority have reached a new 17-month agreement for trash and recycling collection services set to take effect Aug. 1 and run through the end of 2023, the city said Tuesday night.

Under the agreement, residents will see their monthly solid waste fee remain $24 per month. However, trash collection will be reduced from twice to once weekly, the city said in a news release. To compensate for the lost trash collection day, residents will be able to request a second 96-gallon trash cart at no additional cost.

The interim agreement will give city officials time to explore long-term options, the city said. City Council voted to introduce the agreement Tuesday.

Vineland will pay the ACUA $194,671.67 per month for trash and recycling collections, according to the agreement.

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It also will pay for all tipping fees charged by the Cumberland County Improvement Authority and is subject to increase based on the number of residences receiving services, according to the agreement.

Additionally, the city will be given a credit for missed trash and recycling collections and their associated costs.

“Two government agencies worked out what should have been worked out months ago,” ACUA President Rick Dovey said.

The authority has been plagued by staffing shortages amid a tight labor market, something Dovey said is a widespread trend.

The labor issues have caused the ACUA to struggle to provide timely trash, recycling and yard-waste pick-up in the municipalities it serves. Vineland, one of three Cumberland County towns for which the ACUA holds collection contracts, was withholding payment from the ACUA for months, citing inconsistent service.

The ACUA chose to terminate its waste-collection contract with the city in March.

Prior to negotiating the new agreement, the city had issued a request for proposal for trash collection and recycling services. Although other companies expressed interest in working with the city, they would have needed to scale up their operations, which required a longer lead time than was available to purchase new equipment, the city said.

“There is no doubt that the ACUA’s aggressive growth plan, coupled with pandemic-driven labor market shortages, led to their collection issues in Vineland,” Mayor Anthony Fanucci said. “Additionally, inflationary pressures on fuel, along with supply shortages, made it impossible for the ACUA to provide future services to the city at the current contract levels. This interim agreement makes fiscal sense for both parties in the short term.”

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NJ to allow steel slag use in construction

By NJ Assembly Republicans

TRENTON, N.J. – New Jersey will now allow steel slag, a byproduct of the steel and iron recycling process, to be used in construction fill for certain industrial and commercial developments and remediation projects without the need for additional Department of Environmental Protection approval.

In May, the Assembly concurred with the governor’s recommendations to align the uses for steel slag in the bill (A642) with those that the DEP had previously identified as qualifying for exclusion from solid waste regulations. The governor signed the bill into law on Friday.

“Not only does steel slag help to reduce construction costs, but since it is produced through recycling, it is also a sustainable alternative to other aggregate materials,” said Assemblyman Ron Dancer (R-Ocean), a prime sponsor of the measure. “This law lessens our reliance on natural resources like sand and gravel while offering an environmentally sound and economical fill option for developers in New Jersey.”

Under the new law, the use of steel slag cannot cause a violation of drinking and groundwater quality standards, and steel slag remains subject to DEP oversight when it is used in ways not covered by the law.

The Federal Highway Administration estimates that between 7.7 and 8.3 million tons of steel slag are used each year in the United States. The primary applications are its use as a granular base or as an aggregate material used in asphalt or concrete. It can be used as a clean fill in remediation projects where contaminated soil has been removed.

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Wharton State Fire consumes 12,000 acres; still burning but mostly contained; campground spared

Previous coverage

If you liked this post you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Don’t take our word for it, try it free for an entire month. No obligation.

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NJ forest fire reaches 11,000 acres, likely human-caused

Fire officials have “ruled out natural causes” in their investigation of a blaze that’s spread to more than 7,200 acres of the Pinelands.

Shawn LaTourette, the state Commissioner of Environmental Protection, said the Mullica River Fire could spread to 15,000 acres before it's completely contained. That would make it the largest fire in 15 years, he said at a Monday press conference. — Shawn LaTourette, the state Commissioner of Environmental Protection, said the Mullica River Fire could spread to 15,000 acres before it’s completely contained. That would make it the largest fire in 15 years, he said at a Monday press conference. (Shutterstock)

By Nicole Rosenthal and Michelle Rotuno-Johnson, Patch Staff
Posted Mon, Jun 20, 2022, at 7:18 am ET4 Updated Mon, Jun 20, 2022, at 3:52 pm ET

SOUTH JERSEY — New Jersey officials have “ruled out natural causes” in their investigation of a fire that’s spread to more than 11,000 acres of the Wharton State Forest as of Monday afternoon.

Shawn LaTourette, the state Commissioner of Environmental Protection, said the Mullica River Fire could spread to 15,000 acres before it’s completely contained. That would make it the largest fire in 15 years, he said at a Monday press conference.

“We’ve got to take our use of our natural resources very seriously,” said LaTourette. He and other officials mentioned several ways humans can accidentally cause fires but did not point to any specific one as the reason this latest burn began.

As of 3:18 p.m. Monday, the fire has reached 11,000 acres and is 50 percent contained. The fire was first reported Sunday morning, officials said. No injuries have been reported.

The forest fire service said its firefighters are setting backfires to assist in containing the fire, which is in the heart of the Pine Barrens. Wharton State Forest is the largest tract of land in New Jersey, encompassing more than 110,000 acres in Atlantic, Burlington, and Camden counties. Smoke could be seen as far east as Long Beach Island, the Twitter account LBIweather said. The plume was also visible on the National Weather Service radar.

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