EnviroPolitics Blog

President Trump’s Invocation of Emergency Authority to Streamline Environmental Review for Infrastructure Projects

U.S. Construction and Infrastructure, and Environment, Land and Natural Resources Alert

By K&L Gates attorneys : Ankur K. Tohan, Cliff L. Rothenstein, Tim L. Peckinpaugh, David L. Wochner, Molly K. Barker, Endre M. Szalay June 9, 2020

The Trump administration issued two executive orders (EO) in the past month seeking to encourage economic development through regulatory reform and relief as the United States navigates the reopening of business and activities throughout the country after the peak of COVID-19. Both EO’s offer potential opportunities and risks to stakeholders. Our regulatory and policy team is well-positioned to help stakeholders navigate the implementation of these important EO’s.

Last week, on June 4, 2020, the President issued an EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities (“Infrastructure EO”) directing federal agencies to waive environmental laws to speed up federal approval for new mines, highways, railways, pipelines and other projects given the current economic “emergency.” Specifically, the Infrastructure EO calls on the Departments of Transportation, Defense, Interior, and Agriculture, along with the U.S. Army Corps of Engineers, to use all relevant emergency and other authorities to expedite work on, and completion of, all projects that are within their authority to perform or to advance.

Just three weeks ago, on 19 May, the President issued an Executive Order on Regulatory Relief to Support Economic Recovery (Regulatory Relief EO) in the wake of the lifting of COVID-19 shelter-in-place orders across the country. As we discussed in our prior alert, the Regulatory Relief EO directs all federal agencies to identify regulations that may inhibit economic recovery and consider taking measures to temporarily or permanently rescind, modify, or waive those standards, or exempt entities or persons from them, consistent with applicable law, and consider exercising temporary enforcement discretion.

In the environmental context, both EOs offer the potential for significant gains to the regulated community if agencies shorten or simplify permitting and approval processes. While the Regulatory Relief EO focused on revising regulations that inhibit economic recovery, the Infrastructure EO issued last week directs federal agencies to use their lawful “emergency” authorities and other powers to respond to the national COVID-19 emergency and to facilitate the nation’s economic recovery. The Infrastructure EO also directs agencies to streamline environmental reviews under the National Environmental Policy Act (NEPA) and consultation under the Endangered Species Act (ESA).

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For more updates on issues in the Energy & Utilities, and Regulatory & Policy Industries, visit K&L Gates Hub.

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Pennsylvania advises residents to prepare for a severe summer

By Brian Myszkowski
Posted Jun 9, 2020 at 6:29 PM

Governor Tom Wolf’s administration is encouraging Pennsylvanians to get ready for severe summer weather in the midst of the COVID-19 pandemic by preparing ahead of time.

At a Tuesday press conference, PEMA Executive Deputy Director Jeff Thomas and Department of Health Deputy Secretary for Health Preparedness and Community Protection Ray Barishansky offered advice and resources for Pennsylvanians as scalding summer heat and the hurricane season set in.

Thomas noted that the National Oceanic and Atmospheric Administration’s 2020 Atlantic hurricane seasonal outlook has called for a 60% chance of an above-average season, which runs from June 1 through the end of November.

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Pennsylvania normally sees about 12 named storms per year, Thomas said, and around three major hurricanes. The 2020 outlook calls for significantly more events.

“The prediction for this year is 13 to 19 storms, with as many as six of those categorized as major hurricanes,” Thomas said. “Regardless of how many storms form in the Atlantic, we all know too well that it only takes one to cause significant issues for us in Pennsylvania.”

While the commonwealth experiences few direct strikes from these storms, flooding, devastating winds, tornadoes and other issues can come up as well. As such, Pennsylvanians should begin preparing for a potentially rough season now, Thomas said, specifically noting that flood insurance is a great option.

“Regular homeowners’ insurance doesn’t cover damage from flooding,” Thomas said. “The data from the Federal Emergency Management Agency shows that just a single inch of water on the first floor of your home will cause about $25,000 of damage. That’s $25,000 of repairs that you would need to cover out of your own pocket, and that’s a financial hurdle many people simply can’t overcome.”

Thomas said that federal assistance for weather-related damage to property has become “more stringent than ever,” and even before that, it was not meant to “make you completely whole,” making flood insurance something of a necessity for homeowners and renters — even if you don’t happen to live in a flood plain.

“There’s a common misconception that flood insurance is available only to those who live in federally designated flood plains, but that is just not true,” Thomas said. “As a matter of fact, since 1993, more than 90% of the flood reports to the National Weather Service in Pennsylvania have happened outside of those identified flood zones.”

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New Jersey Governor decrees: Ye may go forth!

Gov. Phil Murphy lifts COVID-19 stay-at-home order

MOLLY BILINSKI Staff Writer Asbury Park Press

Murphy addresses criticism over rallies during pandemic — Gov. Phil Murphy/Chris Pedota

Gov. Phil Murphy on Tuesday announced that the stay-at-home order, aimed at mitigating the spread of COVID-19, has been lifted.

“These orders complement the actions we have already taken to begin our restart and recovery and will set the stage for the days to come,” Murphy said.

Murphy’s stay-at-home order was put in place March 22.

In addition, effectively immediately, indoor gatherings will be permitted at whichever number is lower – 25% of a building’s capacity or 50 people total, Murphy said.

In addition, the limit on outdoor gatherings is raised from 25 to 100 people.

“With both of these orders, social distancing will remain our watch words. While they will allow for greater movement and greater flexibility, our No. 1 concern must remain protecting public health,” Murphy said.

School districts planning graduations should prepare for a 500-person limit to be in place by the time graduations can resume July 6, Murphy said.

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Sending the kids off to Camp Corona? Here are the rules

By Amanda Hoover | NJ Advance Media For NJ.com

When New Jersey summer camps and educational reopen on July 6, they will be required to screen campers for illness, use masks and increase sanitation among other restrictions to protect against the spread of the coronavirus, officials announced Monday.

Health Commissioner Judith Persichilli said summer day camps must submit their COVID-19 policy plans 24 hours before opening, and include details for maintaining social distancing and sanitizing facilities.

Groups should include the same children and staff when possible each day, and the campers should not engage in full-contact sports, she said. Camps should also stagger meal times, as well as arrivals and dismissals to avoid large groups packing one area at a time.

The health department guidance also calls for staffers to wear cloth masks, unless they have a health condition, are in extreme heat or are swimming. Children under the age of 2 should not wear masks, but older campers should when they are less than six feet away from those outside of their group.

The guidance does not allow for overnight camps. In addition, off-site activities are also not permitted.

“Opening of camps is important for New Jersey families who are in need of childcare services as a viable option in additional to traditional childcare centers,” Persichilli said. “As we open up more activities, we have guidance in place in order to protect the public’s health.”

Gov. Phil Murphy also made the announcement during his coronavirus briefing in Trenton that municipal and privately-operated pools can open for the summer season starting June 22. Officials will announce guidance for pools on Tuesday, he said, but he noted that summer camps may use pools.

Murphy gave the green light to summer day camps and educational programs late last month as New Jersey continues to move toward Stage 2 of his multi-phase reopening plan. That stage begins June 15 with the reopening of outdoor dining at restaurants and allowing customers inside nonessential businesses at half capacity.

The rules will “ensure that everyone has a safe but memorable summer,” Murphy said Monday.

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A whale of a tale from the Jersey Shore

‘Out of Nowhere:’ Brick Shorebeat talks with the man who got hit by a whale while boating Monday

By Daniel Nee Brick Shorebeat – June 9, 2020

Friends Jay DeBenedict and Robert Riley made it to shore in this boat after being hit by a whale, June 8, 2020. (Photo: Jay DeBenedict)

Jay DeBenedict was livelining bunker and settling in for a day of fishing with buddy Robert Riley off the coast of Seaside Park on Monday when the pair got the surprise – and the scare – of their lives.

“We saw whales throughout the day, but we didn’t see this one,” DeBenedict, 62, said. “Out of nowhere, this whale breached and I thought he was going to land in the middle of the boat. He hit right against the T-top.”

Friends Jay DeBenedict and Robert Riley made it to shore in this boat after being hit by a whale, June 8, 2020. (Photo: Marine Mammal Stranding Center)

The men’s 23-foot center console boat was rocked by the weight of the whale to the point where it tipped over, sending both into the ocean. Then, the terror of being immersed in the water got even more bizarre.

“When I stepped down, I was on the whale,” said DeBenedict, a Surf City resident. ” I pushed off him and got away from him, but I didn’t want to get too far away from the boat either.”

“We swam back, got on the boat, and it had a lot of water in it,” said DeBenedict. “I said, ‘let’s just point the boat toward the shore.’”

Amazingly, the boat had righted itself after the trauma of the hit, which DeBenedict said could only be compared to the sound of a car wreck. The swamped boat’s engine stayed on, in neutral, and the pair called police and pointed the bow directly west – toward the Seaside Park beach.

“If we had been near the inlet, I wouldn’t be talking to you right now,” DeBenedict told Shorebeat a few hours after the incident.

The episode also merited a call to the Marine Mammal Stranding Center in Brigantine, who dispatched a marine biologist to see if the whale could be located. Indeed, the whale is thought to have been a juvenile – had it been an adult, the biologist theorized, the boat would have been fully destroyed and neither man would likely have been able to get back to shore.

Whales have been sighted commonly along the New Jersey coast this spring, including one that took up residence inside the Navesink River in Monmouth County. Anglers, both on boats and from shore, have reported seeing whales almost every day in recent weeks.

“I really thought we were going to be crushed,” DeBenedict recalled. “There was no time for fear, no time for jumping out of the water, not that it would’ve done any good.”

The strangest part of the whole experience: “I knew I was safe in the water, but I was standing on the whale, that was a little freaky,” he said. “When I got back to shore, I knew it wasn’t funny, but I was laughing – like, ‘did this just happen to me?’”

Almost just as amazing as the entire experience was a stroke of good luck during the incident. While climbing back onto the boat, DeBenedict and Riley’s personal items floated right up to them, allowing DeBenedict to grab his prized fishing rod as well as his wallet from the surf.

He said the pair was helped by Seaside Park police officers who guided them safely through the breakers onto the beach. From there, a pickup truck with a trailer took the boat onto dry land where it can be repaired.

“It just came out of nowhere,” he said.

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Pennsylvania coronavirus update: 351 new cases, lowest daily increase since March 25

The number of coronavirus cases in Pennsylvania increased by 351 to 75,943, according to new data from the state Department of Health on Monday showing the lowest daily increase in infections since March 25. Pennsylvania reported 10 new deaths, bringing the statewide toll to 5,953.

An individual walks by a COVID-19 sign holding a cooler that will be used to place sealed swabs after they used on patients at Easton Hospital in Wilson Borough Wednesday. The drive-thru testing exclusively for Northampton County residents is scheduled to run from 10 a.m. to 4 p.m. (Rick Kintzel/The Morning Call)

By LAURA OLSON THE MORNING CALL
June 8, 2020 12:20 PM

Thirty new cases were recorded in the Lehigh Valley — 13 cases in Lehigh County and 17 in Northampton County. The case counts are now 3,871 in Lehigh County; and 3,168 in Northampton County. State officials did not release county-by-county figures for coronavirus deaths Monday.

Most of the deaths have occurred in patients 65 years or older. In nursing and personal care homes, there are 16,167 resident cases of COVID-19, and 2,807 cases among employees, for a total of 18,974 at 615 facilities. Out of the total state deaths, 4,094 have occurred in residents from nursing or personal care facilities.

The updated tallies follow the first weekend in which Lehigh and Northampton counties moved from the red, most restrictive shutdown phase to the yellow phase. In the yellow phase, restrictions on work and social interaction ease, though schools, gyms and hair salons remain closed and large gatherings aren’t permitted.

A dozen counties, including Carbon, will move into the green, or final, reopening phase Friday. In that phase, which 46 of the state’s 67 counties will be in next week, people can gather in larger groups, albeit while wearing masks and social distancing.

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