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Bridgegate jury finds both defendants guilty on all counts

Bridgegate defendant Bridget Anne Kelly and attorney Michael Critchley after jury found her guilty on all counts


Two former Christie administration insiders charged in a bizarre scheme of political retaliation against a mayor who refused to endorse the governor for re-election were found guilty Friday on all counts in the long-running Bridgegate saga.


Tedd Sherman and Matt Arco report for NJ.COM

In a seven-week trial that saw their own words used against them, Bill Baroni and Bridget Anne Kelly were convicted of helping orchestrate massive traffic tie-ups at the George Washington Bridge in September 2013. The plot was hatched to send a pointed message to Fort Lee Mayor Mark Sokolich, after he stepped back from his earlier public support of Gov. Chris Christie.
The jury began reading its findings just before 11:30 a.m. and delivered the guilty decisions in rapid fire. 
Baroni stared at the jury stoically as the verdicts were read.
Kelly cried and continued to sob as she heard the word guilty repeated time and again. Neither defendant stood as the verdicts were read.
Afterward, Kelly hugged her attorney and her mother.  

U.S. District Judge Susan D. Wigenton set the sentencing date for Feb. 21. Baroni and Kelly face a maximum of 20 years in prison, but are likely to serve far less under federal sentencing guidelines. 
Kelly’s attorney, Michael Critchley, said his client would appeal and that he would continue to pursue a mistrial.
“Obviously, we’re disappointed,” Critchley said. “My client is innocent. This was a unique theory of prosecution (and) obviously we’re going to appeal.”

U.S. Attorney Paul Fishman comments on Bridgegate verdict


Moments later, outside the federal courthouse, Critchley said his client “was a scapegoat” but he refused to answer any questions regarding Christie. Kelly, who did not speak, stood beside Critchley and appeared to be visibly quaking. 
A more upbeat Baroni also held a brief press conference outside the courthouse, claiming his innocence. He thanked friends and family here and in Ireland for their support, including members of the gay community. 
“I am innocent of these charges,” Baroni said. “And I am very, very looking forward to an appeal.”
Baroni’s attorney, Michael Baldassare, said “it was a disgrace” that the U.S. Attorney’s office did not charge “powerful people.”

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“In keeping with the disgrace that was this trial, one of the things the U.S. Attorney’s Office should be ashamed of is where it decided to draw the line on who to charge and who not to charge,” Baldassare said. “… They should have had belief in their own case to charge powerful people, and they did not.”
Moran: Christie is the culprit who got away
Moran: Christie is the culprit who got away
The jury’s guilty verdict was fair, but it leaves a sour taste. Gov. Chris Christie covered his tracks, and got away with it.





U.S. Attorney Paul Fishman praised the outcome and said he was “enormously proud” of his staff, members of the FBI and Office of Inspector General.

Pressed by reporters on why others, including Christie, were not charged, Fishman said, “We indicted only the people who we believed we had evidence beyond a reasonable doubt … to convict in this courthouse.”



Testimony in the trial likely wouldn’t be admissible in future cases, he said. But he didn’t close the door on future charges related to the scandal. “I never say what cases I am or am not going to bring,” he said. 
Christie’s office released a statement less than an hour after the verdict.
“Like so many people in New Jersey, I’m saddened by this case and I’m saddened about the choices made by Bill Baroni, Bridget Kelly and David Wildstein,” Christie said. “Today’s verdict does not change this for me.”
The governor’s statement went on to reiterate that “I had no knowledge prior to or during these lane realignments.”
Jurors were tight lipped as they left the courthouse. One female juror said “No comment.” Three others coming out of the courthouse together were silent and did not respond to questions as they headed to their cars. 


Related Bridgegate News:
The Bridgegate Verdict’s Preview of the Trump Adminstration 
VERDICT: Kelly, Baroni guilty on all counts in Bridgegate trial

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Second Bridgegate defense attorney grills Wildstein

On Friday, before the Bridgegate trial of Bill Baroni and Bridget Anne Kelly recessed for the weekend, it was Kelly’s attorney Michael Critchley’s turn to challenge the prosecution’s star witness, David Wildstein.


David Cruz has the story for NJTV NEWS. (See print stories below)

Related Bridgegate news stories:
Wildstein details political involvement in Christie campaign
Bridgegate snitch testifies about bromantic photo with Christie 
Star Bridgegate witness admits career of ‘lies and deceptions’

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LNG facility off coast slammed at NY and NJ hearings

Hundreds of people crowded a hearing at the Long Beach Hotel on Monday night to voice their opinions on a controversial plan to build a liquefied natural gas import facility roughly 16 nautical miles off Jones Beach, Matthew Ern reported in the LI Herald.

Port Ambrose, the facility proposed by Liberty Natural Gas LLC, would consist of a series of underwater pipelines and buoys that would facilitate the processing and pumping of tens of millions of gallons of natural gas through the Transco natural gas pipeline, which runs from South Texas to New York.

The company would need federal and state approval to build the terminal in federal waters, and Govs. Andrew Cuomo and Chris Christie are both expected to weigh in on the project. Either one of them could bring the planning to an end with a veto.

The governors will have their first opportunity to rule on the proposal on Friday, and the window will close on Dec. 21, though the project’s opponents have expressed the hope that Cuomo will reach a decision soon. If neither governor acts, the project will move forward.

Hundreds of residents, environmental groups and local officials presented near-unanimous opposition to the project throughout four hours of testimony on Monday. State Assemblyman Todd Kaminsky, Nassau County Legislator Denise Ford and all five members of the Long Beach City Council spoke out against it. County Legislator Laura Curran, who was unable to attend, sent a representative to speak on her behalf in opposition as well.

At a hearing held last night in Eatontown, NJ, Wayne Parry reports for AP:

Opponents…blasted the plan Wednesday as a dirty, dangerous boondoggle, while supporters hailed it as a source of cheap energy that will lower home heating bills in winter.

At the first of two New Jersey public hearings on the plan, environmental groups lined up against it. Cindy Zipf, executive director of Clean Ocean Action, said, “It is now time to put an end to this harmful, dangerous and unnecessary project.”

“They call it Liberty Natural Gas, but with this project, it’s the opposite,” said Jeff Tittel, director of the New Jersey Sierra Club. “Patrick Henry famously said, ‘Give me liberty or give me death.’ With this proposal, we may get both. If there is a storm or accident, this is a giant bomb off our coast.”

“The area that they are proposing to use is important fishing grounds for fluke and squid,” added Capt. James Lovgren of the Fisherman’s Dock Co-Op in Point Pleasant Beach. “Generations of fishermen have been working these areas for 300 years. Putting an LNG terminal on traditional fishing is taking money out of fishermen’s wallets and into the pockets of a greedy gas company.”

In addition to concerns over an accident or terrorist attack, environmentalists say, the terminal is not needed because the U.S. already has large supplies of domestically produced natural gas.

But Liberty says the project will help by bringing additional gas supplies to the New York metropolitan area during periods of peak demand, including extreme cold snaps. The company says the facility will be used solely to bring liquefied natural gas into the country and not to export it, as many opponents fear.

Roger Whelan, the company’s CEO, said the federal review “confirms that the project is needed, the location is safe, and the impacts to the environment are minimal.”

Capt. Steven Werse, an official with the International Organization of Masters, Mates and Pilots, said the project will help the maritime trades.

“This project creates good paying, local jobs — the kind of jobs you can raise a family on, the kind of jobs that are worth having,” he said. “This project will also reduce energy costs for working families during the cold winter months.”

First proposed in 2008, the plan is proposed for federal waters 19 miles off Jones Beach, New York, and 29 miles off Long Branch, New Jersey.

New Jersey Gov. Chris Christie vetoed a previous version of the proposal in 2011, and opponents want him to do so again. The governor, a Republican presidential candidate, has not said whether he will. But in a 2011 speech, Christie said, “My opposition to this will continue for as long as I’m governor.”

A final hearing will take place tonight in Eatontown. Details below.


November 5, 2015
Public Hearing on Port Ambrose LNG import facility 
Sheraton in Eatontown, NJ 
Open house: 4:30 – 5:30 PM 
Hearing: 6PM to 10PM
Click here to RSVP.

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Judge tosses New York City ban on foam containers



A New York state judge has overturned New York City’s ban on
plastic foam containers, finding the nearly 30,000 tons of dirty meat trays and
to-go cups now sent to landfills can be recycled in a cost-effective way,
according to a decision made public Tuesday.

The Associated Press‘s Jake Pearson reports:

The ban went into effect July 1 after lawmakers voted in 2013 to approve it
unless a yearlong inquiry found the foam could be effectively recycled. An
industry group of manufacturers, recyclers and restaurant-owners then sued,
arguing that the ban was based on politics, not policy, and that recycling was
feasible.


The environmental initiative was spearheaded by former Mayor Michael Bloomberg,
an independent, and supported by current Mayor Bill de Blasio, a Democrat.

But state Supreme Court Judge Margaret Chan ruled that Department of Sanitation
Commissioner Katheryn Garcia didn’t properly take into account industry
estimates of the market and recycling opportunities generated during the
yearlong review period when she decided that plastic foam couldn’t be recycled
economically and in an environmentally friendly way.

Garcia didn’t “clearly state the basis of her conclusions when the
evidence contrary to her findings were clearly before her,” Chan wrote,
noting industry estimates that 21 companies would buy used containers from the
city. She also noted the city would save $400,000 annually if 40 percent of its
wasted plastic foam wasn’t sent to landfills, though as much as 75 percent
could be recycled following machinery improvements.

The takeout containers popular with street vendors for keeping food warm are
actually made from a material called expanded polystyrene foam. Although
commonly referred to as Styrofoam, that Dow Chemical Co. brand isn’t used as a
food container, the company has said.

Related news coverage: 

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Big legal showdown tomorrow over NJ-Exxon settlement


The courtroom is expected to be jammed tomorrow as numerous New Jersey environmental groups and State Senator Ray Lesniak go to battle with the Christie Administration over the state’s proposed settlement of longstanding environmental damages caused by ExxonMobil refineries, tank farms and gas stations. 

A Superior Court judge sitting in Burlington County will hear lawyers from the state Attorney General’s office and from ExxonMobil argue why the senator and green groups should not be permitted to challenge the proposed settlement.

Here’s a piece of Tom Johnson’s story on the controversy that ran today in NJ Spotlight with additional coverage below:

In the past few days, the company and the New Jersey DEP have tried to block environmental groups and a prominent state lawmaker from intervening in the case to resolve the decade-old litigation.

The proposed settlement would require Exxon to pay $225 million arising from a natural-resources damage claim filed against the company by the Department of Environmental Protection, which initially sought $8.9 billion in damages. The tentative agreement has drawn intense criticism from legislators and environmentalists.

Yesterday, Sen. Raymond Lesniak (D-Union) filed a legal brief with the court, challenging efforts to prevent him from intervening in the case. The court will hear arguments on this issue tomorrow. The proposed settlement must be approved by the court. 

“Obviously, the administration and Exxon Mobil don’t want me to intervene in the case because I want to prevent them from settling for a fraction of the damage to the environment,’’ Lesniak said. “The people of New Jersey should not be left out of this case.’’

In its own briefs, the state argued the intervention by the environmental groups and Lesniak is unwarranted and would “serve to complicate and lengthen an already old and legally complex case.’’

 
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NJ out to block suit challenging Exxon pollution settlement

S.P. Sullivan reports today for NJ.com that New Jersey State officials are "looking to block a coalition of environmental groups and a ranking Democratic lawmaker from intervening in a multi-million dollar settlement agreement between the state and Exxon Mobil over pollution at industrial sites across New Jersey."

Oral arguments are slated for Friday in the dispute, which pits the state Department of Environmental Protection and attorney general’s office against critics who say they settled for pennies on the dollar in the decade-long pollution lawsuit.

In court papers filed Monday, lawyers for the state called the agreement — which stems from contamination at two refineries in Hudson and Union counties — an "historic resolution of natural resource damages."

They argue that separate motions to intervene in the suit filed by the environmental groups and State Sen. Ray Lesniak (D-Union) last month "would only serve to complicate and lengthen an already old and complex case."

The settlement, which still needs to be approved by a Superior Court judge, would require the Texas oil giant to pay $225 million to compensate the public for decades of contamination at the two refineries, as well as gas stations and industrial sites across the state.

Lawmakers and environmental advocates cried foul when the details of the agreement were made public because attorneys for the state argued at a trial last year that the damage wrought by Exxon was worth $8.9 billion.

National Resources Defense Council reaction: 

Throughout and following a long trial last year, New Jersey’s Department of Environmental Protection argued that ExxonMobil owed the state $8.9 billion in damages to restore and replace the damaged natural resources–and make New Jersey residents whole for their loss. That figure was based on calculations from extensive state-commissioned expert studies. In April of this year, however, the parties proposed settling for just $225 million, with no explanation for the drastic reduction. To make matters worse, the proposed settlement wraps in and releases Exxon from paying natural resource damages at all of its current and former gas stations (more than 800 total, according to news estimates) and sixteen other sites across New Jersey.

The proposed settlement is a giveaway to this big polluter, at the expense of the people of New Jersey. Exxon should be held accountable for its dirty legacy, and restore the area to its former glory, once and for all.                                  

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How did Delaware's rivers and ponds get so polluted?

Over the past century, Delaware’s industrial and agricultural past, poor wastewater management, as well as lax regulation over storm water runoff all had a hand in dirtying Delaware’s waterways.

Today, except for the beaches, nearly all of Delaware’s waterways are polluted.

WHYY is undertaking a two-year project to report on how the state’s rivers, ponds and streams. The first report with Shirley Min is an assessment of Delaware’s water health.

If the video above fails to appear, you can open it here 

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NJ ag, energy, environment bills posted for votes – May 11
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How did Delaware's rivers and ponds get so polluted? Read More »

Pa. among states aiming to thwart EPA Clean Power Plan

State legislatures in coal-dependent parts of the country, including Pennsylvania, are taking action to delay complying with the EPA’s Clean Power Plan.


Naveena Sadasivam writes in InsideClimate News:

Since the 2015 legislative session convened last month, at least a dozen states have introduced bills that effectively increase bureaucratic red tape and stall states from submitting compliance plans to the Environmental Protection Agency (EPA). And, in some cases, the bills grant legislatures the power to veto their states’ carbon emission reduction plans.

Three states­­––Kentucky, Virginia and Pennsylvania––have already enacted such laws.The bills introduced in West Virginia, Minnesota and Montana, for instance, require that state plans be submitted to the legislature for approval before they go to the EPA. In Colorado, legislators want the state utility commission to sign off on the plan before it goes to Washington.

"The overall strategy is to find ways to choke the state plan with red tape one way or the other," said Aliya Haq, a director in the climate-and-clear-air program at the Natural Resources Defense Council. "These bills are all misguided in that they ironically limit the state’s options," she said.

Under the Clean Power Plan, states have been assigned specific carbon reduction targets. Nationwide, the Obama administration aims to slash emissions 30 percent by 2030. The EPA is currently reviewing comments on the plan and is expected to finalize the regulations this summer. Once the rulemaking process is completed, states are on deadline to submit their plans by June 2016.

If a state does not submit a plan or submits one that fails to meet the EPA’s requirements, then the federal agency must formulate a plan of its own for the state.

Lawmakers have argued that they should be allowed to weigh in on any plan that significantly affects their states’ economies. They contend that the EPA is overstepping its authority and that the Clean Power Plan will lead to higher electricity prices for consumers.

Environmental groups see the recent onslaught of legislation as a delaying tactic. They say that trying to push back or prevent submission of a plan will not give states a free pass from reducing carbon emissions. Instead of choosing the most cost-effective plan agreeable to all stakeholders, the states will ultimately pigeonhole themselves and be forced to accept a boilerplate plan proposed by the EPA, they say.

Sadasivam writes that many of the states are basing their approach on "model legislation advocated by the American Legislative Exchange Council (ALEC), a conservative, business-backed group based in Virginia. ALEC routinely proposes legislation for states to adopt. While ALEC is secretive in its operations, leaked internal documents show that coal companies like Peabody Energy and their trade associations are bankrolling the group.

"The whole concerted national effort to have this pseudo-organic feel of legislative outrage about tackling climate change seems completely contrived by groups like ALEC," said David Masur, executive director of PennEnvironment, an advocacy organization based in Pennsylvania. But Masur cautioned that ALEC is not the only organization working to undermine efforts to address climate change. Segments of the Tea Party, the coal industry and mining unions are all hugely influential, he said.

Pennsylvania is one of a handful of states that have already enacted rules requiring legislative approval of the state plan to cut carbon emissions. The law does provide a loophole that allows the governor to submit a compliance plan without legislative approval. The legislation was signed last October under then Gov. Tom Corbett, a Republican who had been vocal in his opposition to the Clean Power Plan.

Since then, polls have confirmed that Pennsylvanians believe climate change is a real and immediate threat that requires swift action. A recent survey conducted by a bipartisan polling team found that 82 percent of Pennsylvanians want their state to implement its own plan to reduce carbon pollution. A majority support clean energy and doubt that renewable energy will mean burdensome costs to consumers.

Pennsylvania’s newly elected governor, Tom Wolf, a Democrat who ran on a pro-environment platform, has indicated that he will engage with the EPA to meet the state’s targets under the Clean Power Plan.

"It’s depressing that groups like ALEC have so much influence," said Masur. "When hundreds of thousands of people say that the time to tackle climate change is now and the state legislature and governor [Corbett] ignore that and say we will still do what we want, that’s a bad signal for democracy."

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Canada geese taking a bite out of Jersey/Pennsy farms

Canada geese taking a bite out of local farms – Akira Suwa (Inquirer)

Farmers call them “flying rats” or “deer with wings.”

They gather by the tens of thousands every year about this time to graze on sprouting winter wheat, rye, alfalfa, and barley. 

They’re voracious, persistent, and dirty, leaving behind a trail of droppings. 

Canada geese. 

“You see a couple, then 10, 50, 100, 300,” said farmer Ray Hlubik, 61, of Chesterfield, Burlington County. Soon, like a scene from Alfred Hitchcock’s The Birds, “they cover a whole field. 

“They decimated my alfalfa last year,” Hlubik said. And in the early spring, “they pulled the tops off my sweet corn.”

That’s how Philadelphia Inquirer writer Edward Colimore sets up his story about the “foul problems in New Jersey and Pennsylvania cost farmers hundreds of thousands of dollars a year in lost produce and force the replanting of geese-ravaged fields.”

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Jersey girl reports from yesterday’s D.C. climate rally

Bus loads of green-minded folks from New Jersey, Pennsylvania, New York and other states poured into Washington, D.C. yesterday for the Forward on Climate Rally on the National Mall. An estimated 40,000 people gathered, many of them marching to the White House to urge President Barack Obama to take action against climate change and to reject the Keystone XL pipeline.


One participant was New Jersey resident Lindsay McNamara, a 2012 graduate of the University of Delaware who publishes the 20-something environmentalist blog. Lindsay wrote in her blog today about the event. You’ll find it below, with permission, as a Guest Post.


What Democracy Looks Like: Forward on Climate Rally

 “Hey Obama, we don’t want no climate drama!” and  “Hey, hey, ho, ho, KXL has got to go!”  were two of my favorite chants from my first rally.  On Sunday, February 17, 2013, I traveled with Delaware Sierra Club and a student group I was involved with at the University of Delaware, Students for the Environment, to Washington, D.C. to urge President Obama to move “Forward on Climate.”

The idea behind Forward on Climate, organized by 350.org and the Sierra Club, is to call on Barack Obama to lead on climate and take responsibility as President of the United States to move beyond coal and natural gas, ignite a clean energy economy, limit carbon pollution from dirty power plants and most importantly, reject the Keystone XL tar sands pipeline.
Accepting tar sands oil from Canada through the Keystone XL pipeline has been called “game over for climate” by James Hansen, climatologist, activist and head of the NASA Goddard Institute for Space Studies.  Tar sands oil is considered “tough” or “unconventional” oil, which requires more water and energy than conventional oil extraction. Producing a barrel of oil from the oil sands produces three times more greenhouse gas emissions than a barrel of conventional oil.
I joined Forward on Climate because I want the man I voted for in my first election and in the 2012 election to leave a legacy of change, and begin solving the climate crisis.  I want President Obama to end fracking and mountaintop removal and reject Keystone XL, so I hopped on a bus to DC.
The bus we took from Delaware was one of 120 buses from all over the United States traveling to the nation’s capital for what was supposed to be “the largest climate change rally in history.”  On the bus, we were all excited and had no idea what to expect; we picked out our signs and talked about recent eco-political news (Obama’s nomination for the Secretary of the Department of the Interior, John Kerry as Secretary of State).
We arrived to a sunny, but brisk day in Washington, D.C.  As the bus pulled up near the Washington Monument, we could already see signs from environmentalists coming from as far as Maine and Kentucky.  Following the crowds, we began walking toward the Monument, taking part in small “pump-up” rallies along the way.  One group of students even brought a speaker that was carted around blasting Dubstep.

The rally spot on the field near the National Monument quickly filled with tons and tons of people.  It was hard to determine just how many of us there were.  We listened with starry eyes to the inspiring Bill McKibben say “All I ever wanted was to see a movement of people to stop climate change and now I see it,” a statement that was met with loud cheers.
Michael Brune, Sierra Club Executive Director, Van Jones, Rebuild the Dream President, and U.S. Senator Sheldon Whitehouse also spoke at the rally before the march yesterday.  It was refreshing to hear a climate hawk who also happened to be a politician.  One of my favorite moments from yesterday was when a Red-tailed Hawk actually flew over the stage.  It made me feel like the rest of my climate hawk friends who couldn’t make the rally were with us in spirit.
Maria T. Cardona, Lationvations Founder and the Rev. Leenox Yearwood, Hip Hop Caucus President and CEO kept the momentum going throughout the rally.  First Nation women, Chief Jacqueline Thomas (Saik’uz First Nation) and Crystal Lameman (Beaver Lake Cree First Nations) informed the massive crowd of their heritage and culture and the intimate connection their people have with the land.  I was also pleasantly surprised to hear California billionaire, Thomas Steyer, passionately describe the Keystone XL pipeline as a “bad investment.”  I was glad to see an economic perspective during the rally, to help strengthen our argument.
After the rally was over, we took to the pavement shouting, “Whose streets? Our streets!” and “This is what democracy looks like!”  It was amazing to be surrounded by so many people that were so passionate and invested in the health of the planet and the future of energy in America.  The Occupy Movement had a heavy presence, as well as representatives from over 160 environmental groups from across the country.  I was so happy to see ralliers from the Appalachian community speaking out against mountaintop removal, shouting “mountains are for climbing, stop the mining!”

In an e-mail from Michael Brune, Sierra Club Executive Director, he said, “They said we’d never get 10,000 on a frigid February day. Our staff laughed and said we’d get 25,000. Then you laughed and sent more than 40,000.”  I am proud to say that I was part of the largest climate rally in history, one of more than 45,000 on the National Mall yesterday. 
Across the country, there were also “solidarity rallies” taking place, for those environmentalists who want to speak out for climate action, but could not make it to Washington, D.C.  Over 20 rallies happened in Arkansas, California, Colorado, Florida, Illinois, Iowa, Kansas, Maine, Minnesota, Missouri, Montana, Nebraska, New Mexico, Oregon, Texas, and Washington State.  More than one million online activists joined in on Thunderclap! too, solidified the message to President Obama: we want to move climate forward.
See more pictures at Lindsay’s original post here
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Related environmental news stories:

Thousands rally in D. C. against Keystone Pipeline 
‘Forward On Climate’ Rally Brings Climate Change Activists To National Mall   
Climate activists rally in Washington against oil pipeline


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