EnviroPolitics Blog

Veteran GOP strategist Bill Palatucci joining McCarter & English

William J. Palatucci, one of New Jersey’s most prominent and widely respected attorneys, is joining McCarter & English LLP as a partner in the firm’s Business Litigation Practice, effective August 31, where he will also be supporting the firm’s rapidly expanding Government Affairs Practice. Since working for Gov. Tom Kean in 1985 and later as a law partner with Gov. Chris Christie, Palatucci has developed a well-earned reputation for his strategic advice and pragmatic approaches to complex legal, public policy and governmental initiatives.

McCarter’s Managing Partner Joe Boccassini said, “We are honored to welcome Bill to our team. His extensive experience with legal and public policy issues that affect both private and public sector clients is unparalleled. Our national base of clients will greatly benefit from his knowledge of how major public policy decisions may impact their businesses.”

Palatucci’s legal experience is wide and diverse. He served as General Counsel to the Trump Transition Committee from June 2016 through the election in November 2016; he served as General Counsel to Governor Chris Christie’s presidential campaign, and in the private sector served as General Counsel to Community Education Centers in Roseland, New Jersey. Prior to joining McCarter, Palatucci spent almost eight years at Gibbons, P.C. in the firm’s Corporate Practice, where he handled a variety of issues for clients in a wide range of industries, often focusing on the regulatory aspects of transactions, land use matters or state licensing requirements.

“We are fortunate to have Bill join our burgeoning Government Affairs team in Trenton and Washington and I look forward to developing a deeper friendship and partnership with Bill. Together, we look forward to building an even stronger bipartisan practice,” said Government Affairs Chair, Guillermo Artiles.

Palatucci serves as the Republican National Committeeman for New Jersey, a position he has held since 2010. In addition to his work for Governor Kean, for the past nearly 40 years, he has been closely involved in many significant federal and state elections, with leadership roles in the campaigns of Presidents Ronald Reagan, George H.W. Bush, George W. Bush, and Donald Trump, and served as Chairman of Governor Chris Christie’s re-election campaign in 2013.

Palatucci added, “I have long admired the work and people at McCarter and now look forward to expanding my practice there with distinguished lawyers like Judge Jose Linares, who I have known for many years. I am truly excited to concentrate on federal and state legislative issues throughout McCarter’s footprint, from Washington to Trenton to Boston.”

In addition to his legal and political experience, Palatucci currently serves as a member of the Seton Hall University School of Law Board of Visitors, the National Advisory Board for the Heldrich Center for Workforce Development at Rutgers University, and is Chair of the University of Phoenix Board of Trustees for its Jersey City, NJ, campus. Palatucci is on the Board of Trustees of Turning Point, Inc., a nonprofit drug and alcohol addiction treatment center that assists more than 3,500 New Jersey residents each year.

Palatucci has been recognized by NJBIZ on its “Law Power 50” and “100 Most Powerful People in New Jersey Business” lists as well as by ROI-NJ on its “Influencers Power List.” Palatucci earned his B.A. from Rutgers University-New Brunswick and his J.D. from Seton Hall University School of Law.

In 2014, Palatucci was presented with the Seton Hall University School of Law’s Distinguished Graduate Award. In 2014, he and Senator Cory Booker were honored with the annual “Good Guy Award” from the Women’s Political Caucus of New Jersey.

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New Jersey legislature passes landmark environmental justice bill with big permit implications

The long-anticipated legislation had key backing from community groups. Despite some business opposition and industry trepidation, waste and recycling stakeholders also expressed support.

By E.A. Crunden @eacrunden, WasteDive

UPDATE: Aug. 28, 2020: After stalling in recent weeks, the final version of an environmental justice bill (S232/A2212) passed both chambers of New Jersey’s state legislature yesterday. Prior iterations did not progress for multiple years, making this a significant development in the state. Gov. Phil Murphy has expressed support for the bill and is expected to sign it.

By E.A. Crunden @eacrunden, Waste Dive

Passage came yesterday despite opposition from many business stakeholders, who have said the legislation is vague with unclear impacts. Some members of the industry have also said they feel singled out, as the bill directly targets waste and recycling facilities, while also expressing support for certain components.

Both Covanta and Wheelabrator operate facilities in New Jersey and the National Waste and Recycling Association (NWRA) has been closely following the bill. Steve Changaris, vice president of NWRA’s Northeast region, said the organization has expressed its concerns about the bill’s broad scope, which could impact pre-existing facilities along with new projects, including any stemming from New Jersey’s new commercial organics diversion mandate.

“We all know that people have to be heard, and we want to incorporate their views into the decision-making,” Changaris said. But waste operators, he said, “just want to know what’s going to happen in the process.”

The legislation was backed by many lawmakers and members of low-income communities of color in the state, along with growing support for recent Black Lives Matter demonstrations.

A sweeping legislative effort

Attempts to create environmental justice legislation in New Jersey stretch back over a decade, with this latest bill getting farther than any prior attempt has before and set to become the strictest law of its kind nationwide according to stakeholders.

Under S232, the state Department of Environmental Protection (NJDEP) would have to consider the impacts to “overburdened communities” posed by certain new facilities, along with expansions of those facilities or renewals of major source permits. It would be effective 180 days from enactment.

The bill singles out any sites that are major sources of air pollution, along with “resource recovery” facilities or incinerators, landfills, transfer stations, sludge processing plants, and scrap metal facilities, as well as recycling facilities receiving at least 100 tons of recyclable material per day. Impacted communities are defined within census block groups with either 35% or more of households qualifying as low-income, at least 40% of residents being people of color, or at least 40% having reduced English proficiency. Estimates by lawmakers and various groups find around 300 of New Jersey’s 565 municipalities could have at least one community that falls into those categories.

Sites in those areas would need to prepare an environmental justice statement and transmit it to the relevant municipality 60 days prior to a public hearing. A decision on the site would be delayed for at least 45 days following the hearing, and the department would ultimately be free to deny a permit on environmental justice grounds.

Experts with knowledge of the process said the legislation could prevent the creation or continuation of a number of facilities, and even several supporters said it could hinder business efforts. Some estimated the environmental justice statement and public hearing process alone could cost around $50,000 or more, before accounting for other costs, including any operational expenses that would likely be much higher.

A last-minute holdup occurred on July 30 when Assembly Speaker Craig Coughlin did not bring the bill to the floor for a vote — seemingly due to labor pushback over the inclusion of permit renewals. Trade unions have expressed fears about the implications that measure could hold for jobs, according to reporting by Politico. In the days since, lawmakers have said they are working with those groups to address their concerns.

The bill has buy-in from impacted communities and environmental groups, as well as Gov. Phil Murphy who has taken the unusual step of publicly throwing his support behind the effort. Other prominent names have also endorsed it. Sen. Cory Booker called into a virtual July 20 environment and solid waste committee hearing to speak in support of the legislation from his car while en route to Washington, D.C.

“We are in an extraordinary time in this country… a racial reckoning in our nation,” said Booker, blasting the “disproportionate injustices” that Black Americans in particular face from issues including environmental crises. “It is time that impacted communities are involved in correcting injustices,” he said.

Read the full story

Other news coverage:
Communities Would Get Power to Block Polluters (NJ Spotlight)
Legislature passes landmark environmental justice bill to protect minority communities (The Record)

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Chinese-backed wind project sparks Texas border brawl

Wind turbines are already part of the landscape in some areas of Val Verde County, Texas, but a wind proposal from a company linked to China is drawing heavy pushback.

By Edward Klump, E&E News reporter

A plan to generate wind power near the Texas-Mexico border is becoming a geopolitical flashpoint as national security and military training join concerns about wildlife and tourism.

At issue: A Chinese-backed project called Blue Hills Wind, which could bring more than 40 turbines to Val Verde County, Texas. The proposal’s future is in doubt as the Trump administration ramps up criticism of both renewable energy and China.

Blue Hills is drawing heat from wide-ranging opponents, including politicians like Sen. Ted Cruz (R-Texas) and Rep. Will Hurd (R-Texas) as well as landowners and conservationists. Even the Sierra Club, a strong supporter of renewable energy, doesn’t favor a wind farm at the current site. GH America Energy LLC, which is pursuing the project, said its plan would add to the clean energy investment in Texas.

“With so much private land in Texas, we would urge the company to look for other better locations for its wind project,” Cyrus Reed, conservation director of the Lone Star Chapter of the Sierra Club, said in a statement.

Texas remains the leader of installed U.S. wind capacity, and wind trailed only natural gas as a source of electricity in the state’s main power market through the first seven months of 2020. But challenges to emerging projects and transmission lines are apparent amid worries about costs, siting and security. At the same time, Blue Hills adds to tension between the United States and China over issues such as civil rights in Hong Kong, the Trump administration’s decision to close a Chinese consulate in Houston and the future of the TikTok social media app.

Much of the focus on Blue Hills centers on Laughlin Air Force Base, which helps pilots learn to fly military aircraft. While some wind turbines are already in the area, there’s worry among some public officials that training routes could be disrupted by a slew of new ones. A February letter to federal officials from Val Verde County Judge Lewis Owens and Mayor Bruno Lozano of Del Rio, Texas, suggested the turbines could have tip heights about 499 to 700 feet above ground level.

“Both the impact to U.S. Air Force’s mission and national security concerns are worthy conversations by all parties involved,” they wrote in the letter, obtained by E&E News. “We believe that this project and future projects of a similar nature will result in unacceptable risk to national security of the United States.”

GH America Energy responded to questions from E&E News with written comments from Stephen Lindsey, vice president of government and regulatory affairs. He said the company “has and continues to follow the applicable regulatory review process for onshore wind turbine development projects.” Lindsey said a business decision was made to invest in Texas given its renewable energy potential and the “long-term stability” of the U.S. business environment.

GH America Energy is based in Texas, Lindsey said, and is an indirect subsidiary of a company whose controlling shareholder is Xinjiang Guanghui Industry Investment (Group) Co. Ltd. Sun Guangxin, who appears on Forbes‘ list of billionaires, is chairman of Xinjiang Guanghui Industry Investment.

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Indian state refiners halt oil imports from Chinese companies

Indian state refiners halt oil imports from Chinese companies

By Reuters

NEW DELHI: Indian state refiners have stopped buying crude oil from China-linked companies, three sources said, after New Delhi’s recent regulation aimed at restricting imports from countries that it shares a border with.

The new regulation, put in place on July 23, comes after a border clash between India and China that killed 20 Indian soldiers and soured relations between the two neighbours.

Since the new order was issued, state refiners have been inserting a clause in their import tenders on new rules restricting dealings with companies from countries sharing a border with India, the sources said and the tender documents show.

Last week, Indian state refiners decided to stop sending crude import tenders to Chinese trading firm like CNOOC Ltd , Unipec and PetroChina, among others, one of the sources said.

Read the full story

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Morristown firm Porzio, Bromberg & Newman expands with Delaware office

By Gabrielle Saulsbery , NJBIZ

Porzio, Bromberg & Newman PC opened an outpost in Wilmington, Del. with the addition of Cheryl Santaniello, who will lead the new office, the firm announced Thursday.

Cheryl Santaniello; managing principal, Wilmington, Del. office; Porzio, Bromberg & Newman PC. — Cheryl Santaniello

This is the firm’s first Delaware location and is part of its long-term strategy to expand its services in Delaware and offer access to its widely-used bankruptcy courts.

Santaniello joins Porzio from three years at Cohen Seglias Pallas Greenhall & Furman PC in Wilmington. She started her legal career three decades ago at a firm in Haddonfield, according to her LinkedIn, and advises clients on complex business transactions and acquisitions.

Along with leading the Wilmington office as its managing principal, Santaniello is a member of Porzio’s Real Estate and Bankruptcy practice groups. She focuses her practice in the areas of business transactions, commercial real estate, lending and creditors’ rights, representing commercial purchasers, sellers, lenders, developers, landlords and tenants in Delaware, Pennsylvania and New Jersey.

“This is an exciting time for Porzio, as Cheryl’s transactional and creditors rights background aligns with our firm’s objective to provide local counsel to our clients’ bankruptcy matters in Delaware,” said Vito Gagliardi Jr., managing principal of Porzio and president of the firm’s three subsidiaries – Porzio Life Sciences LLC, Porzio Governmental Affairs LLC and Porzio Compliance Services LLC –, in a prepared statement.

“We welcome Cheryl to the firm, knowing that our clients will benefit from her significant experience representing regional lending institutions, commercial real estate owners, and developers. In addition, Cheryl’s strong connection to the Wilmington area will guide our bankruptcy clients on financial distress and restructuring matters in the Delaware courts,” he said.

Santaniello also serves as outside general counsel to clients in a variety of industries, helping them navigate their day-to-day operations and providing legal opinions to lenders and rating agencies on entity formation and existence, authority, bankruptcy-remoteness and non-consolidation.

“I am excited to work with my new Porzio colleagues and to be a part of the firm’s overall strategic growth into the Delaware legal community. The wide range of legal services and specialists Porzio offers businesses and individuals is impressive, and I am confident that local and regional clients will find Porzio’s attorneys to be strategic partners and allies,” said Santaniello in a prepared statement.

“I am particularly excited to help launch Porzio’s established bankruptcy practice into this region, offering local Delaware counsel to the firm’s clients on their critically important bankruptcy matters. I look forward to building the Porzio team here in Wilmington,” she said.

In addition to its Morristown headquarters, Porzio now has offices in Princeton and Ocean City; Westborough, Mass.; New York City; and Washington, D.C.; along with its most recent outpost before Delaware in San Juan, Puerto Rico, which came online in October.

The Wilmington office is located at 300 Delaware Ave., Suite 1220.

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Why is the USPS is telling people their mail is being held ‘at the request of the customer’ when it isn’t true?

By Julie Zauzmer, Washington Post

U.S. Postal Service customers across the country have been receiving a notification that often alarms and perplexes them: The message says packages they expected delivered to their home or business are being held at a post office “at the request of the customer.”

But customers who are receiving these notifications never requested that their mail be held.

The packages are delayed because of broad changes Postmaster General Louis DeJoy has implemented to the nation’s mail delivery operations, including policies that slow down package delivery. When a mail carrier cannot deliver a package on the day it was scheduled because their shift is ending, postal workers say, the system sometimes generates a misleading “held at the request of the customer” message.

Although the reality is that the mail carrier will deliver the package, sometimes the next day, customers say the message has prompted them to visit the post office to claim their items — even if they are concerned about venturing out because of the coronavirus pandemic — and has undermined their faith in mail delivery leading up to the 2020 election.

“Shouldn’t it say that the carrier couldn’t deliver it today because time ran out? … The message is incorrect,” said Jamaal Vetose of Baltimore County, who had lost his mask and visited the post office without it to pick up his package containing a new one after receiving the erroneous notification.

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Postal Service spokespeople did not answer questions from The Washington Post about why customers are getting this message. One spokesman said he could not answer without seeing the tracking numbers. When The Post provided tracking numbers from two packages, the Postal Service did not respond.

USPS veteran responds to Trump’s attacks on the Post Office Lori Cash, a 22-year USPS veteran, talks about the Trump administration’s influence on the Postal Service and how it is causing concerns for mail-in ballots. (Jhaan Elker/The Washington Post)

How Trump, Mnuchin and DeJoy edged the Postal Service into a crisis

Vetose, who works for an investment firm, teleworks most of the week but goes to the office on Mondays. He was anxiously tracking a mask that was supposed to be delivered on a Friday.

Late Friday evening, he saw the message saying his package was being held at his request. “I’m not sure if the carrier ran out of time, or to be honest they decided they didn’t want to deliver it,” he said. “I definitely didn’t request them to hold it.”

He lined up at his local post office first thing Saturday morning, ashamed of the looks that he got from fellow customers when they saw he wasn’t wearing a mask. “I’m here to pick the mask up. It was supposed to be delivered to my house,” he told a few people in explanation.

Vetose said the USPS employee at the counter told him that he need not have come — the carrier would probably have delivered the mask later that day.

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Postal employees in D.C., Maryland and California all told The Post or have told their customers that those who receive the notification do not need to come to the post office in person.

Amid national Postal Service crisis, D.C. area residents struggle without consistent mail

DeJoy, whose cost-cutting measures have provoked congressional hearings and the threat of a lawsuit by more than 20 states against the Postal Service, has said the changes are needed to fix the struggling mail delivery system.

Democrats say the rapidly implemented measures could make it difficult to deliver mail-in ballots to voters this November.

Read the full story

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