EnviroPolitics Blog

New Jersey signs landmark environmental justice bill into law

By Alexandra Kelley, The HIll, Sept. 18, 2020

New Jersey Gov. Phil Murphy (D) signed a stalled environmental justice bill into law on Friday that aims to halt the development of new pollution centers like sewage treatment plants, landfills, transfer stations, scrap metal facilities and medical waste incinerators in low-income communities, Reuters reports.

The move comes amid a push for environmental justice that affects communities of color as new data emerges showing historically marginalized populations, such as Black and Hispanic Americans, living in areas with higher concentrations of pollution.

Amid the COVID-19 pandemic, with Black and Hispanic Americans facing higher death and hospitalization rates than their white counterparts, scientific literature has focused on how the exposure to more air pollutants worsens that outcome for a severe illness.

Speaking with reporters, Mustafa Santiago Ali, a former Environmental Protection Agency\ official in the Obama administration, said that low-income neighborhoods with large immigrant and minority communities are subject to zoning practices that allow high-polluting industries to establish business nearby. Decades of socioeconomic redlining has forced people of color into less desirable living areas with higher volumes of pollution.

“Folks don’t by accident end up in these communities,” Ali said. “We have traditionally pushed people into certain areas, or we’ve chosen those areas that we don’t place a lot of value on to put certain things.”

Per a press release issued by Murphy’s office, the bill will monitor the permit requests of “certain facilities on overburdened communities.”

An overburdened community, in this case, is defined as any community where 35 percent of the households qualify as low-income per the U.S. Census, 40 percent of households are minority-owned, or 40 percent of the households in the community have limited English proficiency.

In New Jersey alone, there are reportedly 310 municipalities that could qualify.

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Trump’s climate change rollbacks to drive up U.S. emissions

The cumulative additional amount of greenhouse gases would exceed the current annual output of Russia, the world’s fourth-biggest carbon polluter.

Emissions spew out of a large stack. — President Donald Trump has taken the U.S. in the opposite direction, pressing for increasing oil, natural gas and coal output. | Mark Wilson/Getty Images

By ZACK COLMAN and ALEX GUILLÉN, Politico

President Donald Trump’s rollback of Obama-era climate regulations will cause the United States to pump an extra 1.8 billion tons of greenhouse gases into the atmosphere between now and 2035, at a time when scientists say the world needs to slash its carbon pollution dramatically to avoid catastrophe, researchers said Thursday.

The forecast from the climate research firm Rhodium Group is one of the most detailed and comprehensive estimates to date of how Trump’s regulatory U-turn will affect the amount of planet-warming carbon dioxide coming from tailpipes, leaking oil and gas wells, power plants and refrigerants. It concludes that if Trump’s rollbacks remain in place, U.S. climate pollution 15 years from now will be 3 percent higher than current projections indicate.

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What’s next for NJ’s sweeping plastic bag ban?

Bill gets a vote, but it calls for eliminating paper bags and more. Even supporters say they might back away

Approval by a key Assembly committee Thursday was seen as a victory by environmental advocates, but it might be short-lived.

Tom Johnson reports for NJ Spotlight

A key committee approved a bill to ban single-use carryout plastic and paper bags, as well as other plastics, but now even some of its supporters acknowledged their backing could end without major changes in the legislation.

The measure, a top legislative priority of most New Jersey environmental organizations for the past few years, won approval Thursday from the Assembly Appropriations Committee — seen as a victory by environmental advocates who have pushed for the legislation for the past few years.

The victory might be short-lived, however, given that there seemed to be widespread opposition from both Republicans and Democrats over a provision in the bill to ban single-use paper bags, as well as polystyrene-foam food containers.

The legislation (A-1978) was amended and merged with a Senate version (S-864), a step that means, if approved by the full Assembly, it needs to go back to the Senate for concurrence.

Bill not in the bag

Proponents seemed to recognize there is still a lot of work to do.

“It’s the strongest bill in the country, but it’s not going to happen overnight,’’ said Doug O’Malley, director of Environment New Jersey. “It’s a big step forward, but there’s a lot of work to do.’’

The legislation initially was vehemently opposed by many business interests, but the wide support for banning single-use plastic bags both nationwide and among many communities had diminished some opposition partly due to the proliferation of cities and towns adopting their own, often different, kinds of bans. Businesses prefer a single statewide law, rather than a mishmash of different local laws.

From foe to friend of bill

The New Jersey Food Council, a foe of earlier versions of the bill, now backs a total ban on both single-use plastic and paper bags, said Linda Doherty, president and CEO, although the group won a small technical amendment by the committee. The amendment is expected to be adopted, a change that will mean the bill, if approved by the Assembly will have to go back to the Senate for concurrence.

In New Jersey, more than 130 municipalities have adopted bans, according to Jennifer Coffey, executive director of the Association of New Jersey Environmental Commissions. At least eight states, beginning with California in 2014, have adopted statewide bans, according to the National Conference of State Legislatures.

“We think this is the right move at the right time,’’ Coffey said, “It demonstrates people understand this issue and they want action from their legislators.’’

Besides banning single-use carryout plastic and paper bags, the bill also would ban polystyrene foam food-service products and limit the use of single-use plastic straws.

Paper ban draws critics

The ban on single-use paper bags, the first such prohibition in the country, stirred the most opposition in committee, followed by the ban on polystyrene foam food-service containers.

“Paper bags don’t belong in this bill,’’ said Matt Wells, a senior regional manager at Westrock Co., a manufacturer of paper and packaging products, who called the ban a fundamentally flawed public policy.

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Vermont House Votes to Override Veto of Climate Bill

House Speaker Mitzi Johnson (D-South Hero)

By Kevin McCallum, Seven Days

After hearing impassioned testimony from its members, the Vermont House voted Thursday to override Gov. Phil Scott’s veto of the Global Warming Solutions Act.

The final tally was 103-47, surpassing the 100 votes needed for a veto override in the House. The Senate is virtually assured to do the same in the coming days, meaning the bill, H.688, will soon become the law of the land.
“A vision without a plan is a hallucination,” Rep. Tim Briglin (D-Thetford), a bill sponsor and chair of the House Energy and Technology Committee, said after the vote. “H.688 moves us from aspiration to accountability.”

Critics of the bill recounted a litany of objections that they and the governor have expressed about it. Chief among them is a provision that gives residents the right to sue if the state misses its emissions targets.

Vermont has pledged to reduce emissions to 26 percent below 2005 levels by 2025; 40 percent below 1990 levels by 2030; and 80 percent below 1990 levels by 2050. It is not on track to meet the 2025 goal.

Vermont is the only state in New England with higher emissions than it had 30 years ago.

Rep. Mark Higley (R-Lowell) noted that Massachusetts got sued by groups with “deep pockets” for failing to meet its emissions goals, and he worried the bill would invite the same result here.

“This isn’t just a fantasy,” Higley said. “This is something that could — and I believe will — happen.”

House Minority Leader Pattie McCoy (R-Poultney) read an email from Agency of Natural Resources Secretary Julie Moore that warned the bill “sets the state up to fail.”

Moore wrote that when that happens, “the only solutions will be litigation, delay and ultimately actions which rely heavily on potentially costly regulatory tools.”

McCoy said the bill’s creation of a 23-member Vermont Climate Council, which would be tasked with creating an emissions reduction plan, “usurps my authority” as a legislator.

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What could become nation’s toughest ban on plastic bags set for another vote

Credit: (AP Photo/Mary Altaffer) File photo

New Jersey had been heading toward outlawing carryout bags until coronavirus hit. Lawmakers plan to resume action today

By Tom Johnson, NJ Spotlight

A long-debated bill to adopt what advocates describe as the nation’s most comprehensive ban of single-use carryout plastic and paper bags, as well as other plastics, is up for a vote Thursday in a legislative committee.

The measure, a top legislative priority for most New Jersey environmental organizations for the past few years, cleared the Senate in early March, but stalled when the coronavirus pandemic shut down much of the state less than two weeks later.

The legislation initially was hard-fought by many business interests. But the wide support for banning single-use plastic bags both across the country and among many communities has diminished some opposition partly due to the proliferation of communities adopting their own, often different, kinds of bans. Those opponents would prefer a single statewide law, rather than a mishmash of local laws.

If you liked this post you’ll love our daily 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.

The New Jersey Food Council, a foe of earlier versions of the bill, now backs a total ban on both single-use plastic and paper bags, said Linda Doherty, president and CEO, although the group will seek a small technical amendment by the committee. The amendment is expected to be adopted, a change that will mean the bill, if approved by the Assembly, will have to go back to the Senate for concurrence.

“We think this is the right move at the right time,’’ Coffey said, “It demonstrates people understand this issue and they want action from their legislators.’’

Amending Assembly bill

The Assembly Appropriations Committee plans to consider two versions of the bill. Proponents are hoping the lawmakers will amend the Assembly version (A-1978) to match the Senate bill (S-864), which they view as the stronger step to reducing mounting plastic pollution, particularly in waterways and the ocean.

Besides banning single-use carryout plastic and paper bags, the Senate bill also would ban polystyrene foam food-service products and limit single-use plastic straws.

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Top attorney on NJ Governor Murphy’s staff, Matt Platkin, is leaving for Lowenstein Sandler law firm

By Daniel J. Munoz, NJBIZ

Matt Platkin, who serves as the chief counsel for Gov. Phil Murphy’s office, will leave his post next month for a position at the law firm Lowenstein Sandler LLP.

As chief counsel, Platkin – who was ranked No. 1 on NJBIZ’s Law Power 50 for 2020 – played a key role in drafting the myriad of executive orders in March that imposed restrictions on business and travel in New Jersey in an effort to halt, or at least slow, the spread of COVID-19.

An announcement for his successor will be made “in the coming weeks,” reads a Wednesday evening statement from the governor’s office.

Platkin is chief counsel to Gov. Phil Murphy and served as policy director during his gubernatorial campaign. In 2013, he worked on the campaign team of New Jersey Sen. Cory Booker.

“From promoting commonsense gun safety to guaranteeing paid sick leave to reforming our criminal justice system, we’ve made meaningful progress to improve the lives of every New Jerseyan,” Platkin said Wednesday.

Former New Jersey attorney general Chris Porrino, who held the position during Republican Gov. Chris Christie’s time in office and also served as his chief counsel, is a partner at Lowenstein Sandler. Matthew Boxer, who served as state comptroller under former Gov. Jon Corzine, a Democrat, and Christie, is also a partner at the firm.

The politically connected law firm was tapped by the Murphy administration for representation during the Katie Brennan sexual assault scandal. And, it represented the Andover Subacute and Rehabilitation facilities following an outbreak of COVID-19 that claimed the lives of over a dozen elderly residents in April.

Over the summer, Rutgers University contracted Lowenstein Sandler to investigate allegations of abuse in its softball program.

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