A realistic climate agenda for Pennsylvania. Even with Republicans in control of the state legislature

By Rep. Greg Vitali, Trib Live

There are many things Pennsylvania state government should do this year to address climate change — but won’t, given the political composition of the state Legislature. But a few significant things are possible.

Pennsylvania emitted about 215 million metric tons of carbon dioxide in 2017 (the most recent data available), making it the fifth largest emitting state in the nation. As such, Pennsylvania should be doing things like increasing its Alternative Energy Portfolio Standard, expanding the energy conservation provisions of Act 129, and joining the Transportation and Climate Initiative Program. But with the state House and Senate firmly in Republican control, it’s unlikely that any of these things will happen this year.

But Pennsylvania can join the Regional Greenhouse Gas Initiative (RGGI), approve methane reduction regulations for the oil and gas industry, enact legislation to expand electric vehicles infrastructure, and enact legislation to authorize community solar development. These measures are possible because they can be done either by Gov. Tom Wolf through executive action or have the support of interest groups beyond the environmental community such as utility companies, labor unions or farmers.

Politics is the art of the possible, and these four things are possible this year.

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Joining RGGI is the most important thing Pennsylvania can do this year to address climate change. RGGI is an 11-state cap-and-trade program designed to reduce greenhouse emissions from the electric power sector (mainly from coal- and gas-fired power plants). Joining RGGI could reduce carbon dioxide emissions by about 188 million tons over the next decade, according to the Pennsylvania Department of Environmental Protection. RGGI regulations are expected to be finalized late this year unless blocked by the General Assembly. A bill to block RGGI will be introduced soon.

Methane is the second-most prevalent greenhouse gas after carbon dioxide, and Pennsylvania’s natural gas industry is a major methane emitter. Regulations to reduce methane leakage from unconventional gas well operations are on track to be approved later this year. These regulations would result in methane emissions reductions of about 75,603 tons per year, according to the DEP. This is the equivalent to about 1,890,075 tons of carbon dioxide per year.

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Jersey City community group sues to block 17-story rezoning near Berry Lane Park

Site in question, also known as the Steel Tech site, 417 Communipaw Avenue, Bergen-Lafayette, Jersey City. Photo via Google Maps/Street View.


By Chris Fry, Jersey Digs

The battle over a proposed high-rise in Bergen-Lafayette section of Jersey City has officially spilled into the courtroom as a local non-profit has taken legal action over an ordinance allowing residential and commercial development at property allegedly set aside for a park expansion.

On January 29, the Morris Canal Redevelopment Area Community Development Corporation (MCRACDC) filed a lawsuit against Jersey City and their planning division in Hudson County Civil Court. Formed in 1999 to ensure inclusion of residents as the Morris Canal Redevelopment Plan progressed, the organization’s complaint centers around a proposal that has emerged at 417 Communipaw Avenue.

Known as the Steel Tech site, Skyline Development Group has pitched a revitalization that includes a 17-story residential building, a public STEM school, recreation center, and a Business Enterprise Incubator with eight affordable commercial working spaces for minority-owned businesses. But the MCRACDC says in their lawsuit that the 3.3-acre parcel was intended as part of a Berry Lane Park expansion that has yet to materialize.

“This is a case of promises — and a community-driven public-private partnership — broken, all to pave the way for a developer to profit,” the complaint says.

MCRACDC argues that the ordinance violates a New Jersey law prohibiting so-called “spot zoning,” which generally refers to the re-zoning of land for the benefit of an owner over the community. The complaint alleges that “the illicit spot-rezoning of the Steel Tech property is slated to net the aforesaid high-rise’s developer nearly $3 million in profit.”

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American Water Accepting Applications for 2021 Environmental Grants

Grants Available to Community Projects in Company’s Service Areas in 10 States

CAMDEN, N.J.–(BUSINESS WIRE)–American Water (NYSE: AWK), the nation’s largest publicly traded water and wastewater utility company, announced today that applications are now being accepted by its participating state subsidiaries for the company’s 2021 Environmental Grant Program awards. The grant awards will be available in American Water service areas in 10 states: IllinoisIndianaIowaKentuckyMarylandNew JerseyPennsylvania, TennesseeVirginia and West Virginia.

“For American Water, delivering a reliable supply of safe, clean, water to our customers and treating their wastewater is just a start. Our goal is to provide essential services in ways that minimize our impact on the environment and strengthen the communities we serve,” said Cheryl Norton, Chief Environmental Officer of American Water. “We are all responsible for protecting our nation’s water and watersheds, and this program is just one way we help communities engage in this important effort.”

Established in 2005, American Water’s Environmental Grant Program offers funds for innovative, community-based environmental projects that improve, restore or protect the watersheds, surface water and/or groundwater supplies through partnerships. Last year, American Water and its state subsidiaries funded 42 projects that were awarded grants totaling approximately $141,000.

Information and application requirements can be obtained directly from participating American Water state subsidiaries, or on the Environmental Grant section of the company website.

Applications must be postmarked by March 31, 2021.

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Clean Ocean Action adds second river to its advocacy list

Turtle Mill Brook Water Quality Testing Location along the Shrewsbury River

By Allie Tully, Marketing & Communications Coordinator, COA

At its Virtual Rally for the Navesink public meeting on January 28, Clean Ocean Action (COA) announced that the initiative to improve water quality in the Navesink and Shrewsbury Rivers, formally known as “Rally for the Navesink”, has been officially renamed “Rally for the Two Rivers.”

“As interconnected water bodies, the water quality of the Navesink and Shrewsbury Rivers are inextricably linked and suffer from similar impairments. A watershed-wide approach is needed to effectively address the issues in both rivers. As the Rally for the Two Rivers, we will seek opportunities for pollution reduction by engaging new partners throughout the Shrewsbury River watershed, while leveraging our ongoing successful collaborations in the Navesink watershed. Despite the name change, the goal of the Rally remains the same: to make the rivers healthy for fish, shellfish, and families,” said COA’s Watershed Program Coordinator, Alison Jones.

When the initiative first began in 2016, the Navesink River was the primary focus of source trackdown efforts due to the severity of the pathogen pollution issue, which resulted in the downgrade of 565 acres of shellfishing habitat. While source trackdown efforts are still ongoing to identify the few remaining sources of pathogen pollution in the watershed, pathogen levels in the river have decreased significantly, thanks to five years of coordinated effort from the Rally for the Navesink and collaboration with the NJDEP. Unfortunately, other water quality impairments have become cause for concern, as evidenced by increases in the number and severity of fish kills and algal blooms. The Shrewsbury River suffers from these same impairments, including pathogen pollution.

“Healthy rivers are integral to our wellbeing and link communities. COA’s Rally for the Two Rivers strives to do just that with proven, collaborative approaches to science, and education,” stated COA’s Staff Scientist Dr. Swarna Muthukrishnan, PhD.

The volunteer Oceanport Water Watch Committee has been diligently monitoring water quality in the Shrewsbury River for many years, providing COA with a thorough understanding of the current water quality conditions in the river. This baseline knowledge is critical to identifying and addressing problem areas. Moving forward, the Rally for the Two Rivers will focus on preventative actions to maintain the water quality improvements achieved in recent years, while continuously working to find and fix sources of pollution in both the Navesink and Shrewsbury Rivers.

“Oceanport Water Watch Committee is a group of citizen science volunteers that has been in existence for 30 years, for which I have been involved with for 13 years. Once a month we sample 9-10 sites around the shores of Oceanport in the Shrewsbury River, and occasionally a bit upstream. There is usually low fecal content in the main part of the Shrewsbury River. However, there are exceptions upstream at Turtle Mill Brook. That area sometimes produces high levels of bacteria, especially after heavy rains that you can see diluting as the water flows downstream. Originally the goal was to get Monmouth Park Racetrack to clean up their act which turned out to be a success. The work continues not only to keep an eye on the park but also to monitor the recent reuse of the Fort Monmouth sewerage system. The initiative is strictly a volunteer effort,” shared Tom Cox of the Oceanport Water Watch Committee.

IDEXX Water Quality Testing is performed weekly in COA’s lab by Dr. Swarna Muthukrishnan, PhD

In November 2020, COA began IDEXX Enterolert bacteria monitoring of select locations in the Two Rivers Watershed thanks to the IDEXX equipment loan grant from U.S.EPA Region II Citizen Science Program.  Sixteen locations of potential bacteria pollution issues have been selected for the IDEXX study, based on an evaluation of bacteria monitoring data collected by Oceanport Water Watch Committee, COA and the Department of Environmental Protection (DEP) for the Shrewsbury and Navesink Rivers. All selected sites are sampled twice a month with a minimum of five sampling events over the course of the study. The IDEXX study for the Two Rivers Watershed will help collect valuable data on ambient bacteria in these waterways.

A close - up of a syringe

Description automatically generated with medium confidence

At the meeting, Alison Jones discussed another water quality concern that goes beyond pathogens – road salt. Pictured above is a sample collected from a road salt study COA is currently working on with NJ Watershed Watch Network.

To learn more about the Rally for the Two Rivers program and stay informed, visit the Facebook page.

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Former U.S. Attorney William McSwain joins Duane Morris law firm in Philadelphia

William M. McSwain


By Sam Wood, Philadelphia Inquirer

William M. McSwain, who last month stepped down from his position as the top federal prosecutor in the region, is joining one of the region’s top law firms, Duane Morris LLP.

McSwain, 51, was appointed by Donald Trump in 2017 as U.S. Attorney for the Eastern District of Pennsylvania and served three years before resigning on Jan. 22.

On Monday, Duane Morris announced McSwain would be joining the firm’s trial practice group where he will focus on white collar defense and government investigations.

“This is a great day for Duane Morris and our clients,” said Matt Taylor, CEO of the Philadelphia-based firm with almost 900 practicing attorneys. “One of the cornerstones to growing strategically is to bring on marquee talent in key practice areas. Bill McSwain is marquee talent.”

“He’s a straight shooter, a very humble guy, and an incredibly hard worker,” Taylor said.

As U.S. Attorney, McSwain oversaw all federal criminal prosecutions and civil litigation in the region. He cast himself as a bulwark against what he called “a culture of lawlessness.”

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