Quick Tips from the Winter New Jersey WasteWise Bulletin


  • Sustainable Jersey’s municipal certification program now includes 83% of the state’s municipalities with 91% of New Jersey’s population living in these communities. www.sustainablejersey.com.
  • Staples stores accept a variety of electronic devices for recycling, as well printer cartridges, batteries, school supplies and more. There is no charge for this service. For details, visit www.staples.com/stores/recycling#rec.
  • While not financially or logistically feasible for all municipal recycling programs, a return to dual stream collection from single stream collection would make sense and be beneficial for some local recycling collection programs. For more information, visit www.nj.gov/dep/dshw/recycling/Dual% 20Stream%20Fact%20Sheet.pdf.
  • Repreve® is a 100% recycled polyester fiber, made from post-consumer plastic bottles, that is used to make a wide range of garments and other products. The company has recycled over 40 billion plastic bottles. Visit repreve.com.
  • Aero Aggregates North America, in Eddystone, PA, produces lightweight foamed glass aggregate made from 100% recycled container glass. The product can be used in numerous construction applications. Learn more at https://www.aeroaggna.com/.
  • In 2024, more than 150 colleges and universities from 39 states and Canada participated in the Campus Race to Zero Waste program. Rutgers University was the 2024 winner in the Electronic Waste Recycling category for total pounds recycled. For more details, visit https://campusracetozerowaste.org/.

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By Daniel T. McKillop, Scarinci Hollenbeck

On December 26, 2024, New York Governor Kathy Hochul signed into law the “Climate Change Superfund Act,” which seeks “to establish a climate change adaptation cost recovery program that will require companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of infrastructure investments and other expenses necessary for comprehensive adaptation to the impacts of climate change in New York state.”  New Jersey has introduced similar legislation known as the “Climate Superfund Act.”

These new environmental laws may be even more significant in the wake of the U.S. Supreme Court’s decision to allow a Hawaii state case seeking billions of dollars from fossil fuel producers to move forward. The Court recently denied certiorari, thereby clearing the way for the case to continue in Hawaii state court and potentially indicating the justices’ intent to allow state-law climate change cases to proceed.

New York’s Climate Change Superfund Act

New York’s Climate Change Superfund Act (Act) is now law. The Act, which is modeled after federal Superfund laws, seeks to transfer the costs of addressing climate change from local governments and taxpayers to fossil fuel companies that have contributed most significantly to the buildup of greenhouse gases. As stated by the New York Legislature,  its intent is to hold “companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of infrastructure investments and other expenses necessary for comprehensive adaptation to the impacts of climate change in New York state.”

Under New York’s Climate Change Superfund Act, strict liability is imposed on “responsible parties,” which are defined as those entities, including successors, that the New York State Department of Environmental Conservation (NYSDEC) determines to be responsible for more than one billion tons of greenhouse gas emissions during any part of the period from Jan. 1, 2000, to Dec. 31, 2018. Responsible parties will collectively be required to pay $75 billion ($3 billion annually) spread out over 25 years. Each party’s liability is proportionate to its share of the aggregate covered greenhouse gas emissions.

The NYSDEC is tasked with adopting implementing regulations to carry out the law, including the identification of responsible parties, the procedures for issuing notices of cost recovery demands and collecting payment on those demands, and procedures for identifying projects that would qualify as climate change adaptive infrastructure projects The agency must also adopt a “statewide climate change adaptation master plan for the purpose of guiding the dispersal of funds in a timely, efficient, and equitable manner to all regions of the state.”

New Jersey’s Proposed Climate Superfund Act

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NJ Assembly Environment Committee to meet on Monday, Jan 27

Monday, January 27, 2025 – 01:00 PM

Committee Room 9, 3rd Floor, State House Annex, Trenton, NJ

Chair: Assemblyman James J. Kennedy

Vice Chair: Assemblywoman Shavonda E. Sumter

BillSynopsisSponsor
A4627Allocates $7.5 million annually of constitutionally dedicated CBT revenue for preservation of land in Highlands Region; extends expiration date of special appraisal process for Green Acres and farmland preservation program; provides aid for watershed lands.Collazos-Gill, Alixon /DiMaio, John +7
A4902Directs DEP to select consultant to perform Statewide needs assessment regarding recycling of packaging products; establishes “Statewide Recycling Needs Assessment Advisory Council” in DEP; appropriates $500,000.Spearman, William W./Collazos-Gill, Alixon
A5067Requires appointment of alternate members of Peter J. Barnes III Wildlife Preservation Commission.Karabinchak, Robert J./Stanley, Sterley S.
A5153Makes annual allocation of $500,000 from Clean Communities Program Fund for public outreach concerning single-use plastics reduction program permanent.Haider, Shama A./Reynolds-Jackson, Verlina
S3466Extends expiration date of special appraisal process for Green Acres and farmland preservation program; provides aid for watershed lands.*McKeon, John F./Greenstein, Linda R. +4

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K&L Gates law firm assesses Trump’s energy emergency order

US Policy and Regulatory Alert – Date: 22 January 2025

By David J. RaphaelSamuel R. BodenMatthew H. LeggettLaurie B. PurpuroJohn W. Northington Jr.Cliff L. RothensteinTim L. PeckinpaughAndrew H. Tabler, and Varu Chilakamarri

On 20 January 2025, President Trump issued an Executive Order declaring a National Energy Emergency (Order).Under the National Emergencies Act,the president may declare a national emergency that allows the government to use statutory authorities that are reserved for times of national emergencies. In other words, a national emergency declaration does not suspend or change the law except as permitted by applicable statutory emergency authorities. The relevant statutory emergency authorities are discussed below.

In summary, the Order directs agencies to utilize their statutory emergency powers to speed up development and authorization of energy projects. Notably, however, the Order defines “energy” as: “crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals.” As such, the Order does not apply to solar, wind, batteries, or other energy sources not contained in the definition of “energy.”

The Order contains six substantive provisions:

Emergency Approvals

The Order directs the heads of executive departments and agencies to identify authorities to facilitate domestic energy production on Federal and other lands, including Federal eminent domain authorities and authorities under the Defense Production Act.This provision also directs the Environmental Protection Agency (EPA) to consider issuing emergency fuel waivers to allow the year-round sale of E15 gasoline.4

Expediting the Delivery of Energy Infrastructure

The Order directs agencies to use all relevant lawful emergency and other authorities to: (a) expedite the completion of authorized and appropriate energy projects; (b) facilitate energy production and transportation through the West Coast, Northeast, and Alaska; and (c) report on these activities to the Assistant to the President for Economic Policy.

Emergency Regulations and Nationwide Permits Under the Clean Water Act and Other Statutes Administered by the Army Corps of Engineers

The Order directs the heads of all agencies to identify planned or potential actions to facilitate energy production that may be subject to the Army Corps emergency permitting provisions and use these authorities to facilitate the nation’s energy supply.The Order also requires agencies to report on evaluations under this provision and directs the Army Corps and EPA to promptly coordinate with agencies regarding application of Army Corps permitting provisions.

Read the full post here


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Trump just declared an ‘energy emergency.’ What does it mean?

In Day 1 executive orders, President Donald Trump withdrew from the landmark climate accord and pushed to dismantle his predecessor’s environmental agenda.


By Maxine JoselowChico Harlan and Evan Halper, Washington Post

During his first moments as the nation’s 47th president Monday, Donald Trump moved to withdraw the United States from the Paris agreement, boost domestic fossil fuel production and reverse many of former president Joe Biden’s signature efforts to combat climate change and other pressing environmental problems.

The flurry of executive orders drew cheers from the fossil fuel industry but raised fears among U.S. allies about the future of global climate initiatives. The United States ranks as the largest historical emitter of planet-warming greenhouse gases, and its exit from the Paris accord threatens to derail emissions-cutting efforts during a critical four-year period.

Nations pledged in 2015 to limit global temperature rise to 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels — a crucial threshold for averting the most catastrophic climate impacts. But scientists recently confirmed that 2024 was the first year to surpass this threshold — and the hottest year on record.

Trump signed an executive order pulling out of the Paris climate accord during an event with supporters at Capital One Arena in D.C. He slammed the accord as “unfair” and “one-sided,” prompting loud applause from the crowd.

Later on Monday in the Oval Office, Trump signed additional executive orders declaring a “national energy emergency,” boosting oil and gas drilling in Alaska, “unleashing American energy” and stopping new offshore wind projects in federal waters. It was not immediately clear what government actions the energy emergency would entail, although Trump allies have suggested it could allow federal agencies to quickly approve pipelines and other fossil fuel infrastructure deemed important to national security.

In the orders, Trump directed agencies to review dozens of Biden’s environmental policies and, if possible, quickly reverse them. He instructed the Energy Department to end the Biden administration’s pause on approving new facilities that export liquefied natural gas, and he instructed the Interior Department to lift restrictions on oil and gas drilling across millions of acres of federal lands in Alaska, including in the Arctic National Wildlife Refuge.

“We will drill, baby, drill,” Trump declared in his second inaugural address Monday, adding that the United States has “the largest amount of oil and gas of any country on Earth, and we are going to use it.” (In fact, Venezuela and Saudi Arabia have the biggest oil reserves, according to the U.S. Energy Information Administration.)

It is common for presidents to sign executive orders on their first day that reverse some of their predecessors’ decisions. But the contrast between Biden’s climate legacy and Trump’s energy agenda is particularly pronounced, heralding a seismic shift in policy across the federal government.

Read the full story here


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