Judge cancels $4M fracking award to Dimock, Pa. families

Dimock resident Scott Ely at a protest in 2012. A judge overturned a jury award for him and other Dimock plaintiffs.

Dimock resident Scott Ely at a protest in 2012.  Photo credit: Susan Phillips -StateImpact

Jon Hurdle and Susan Phillips report for StateImpact:

A federal judge on Friday struck down a jury’s award of
more than $4 million to two Pennsylvania families who claimed their well water was contaminated by gas drilling, saying the award bore little or no relationship to the evidence presented at the 2016 trial.
U.S. Magistrate Judge Martin Carlson of the Middle District
of Pennsylvania ordered a new trial of the case brought by the families in Dimock, led by Scott Ely, who said at the original trial that their water had been contaminated since 2008.
The verdict in March of 2016 was hailed as a major victory
by critics of the gas industry, who argued that the rural community of Dimock was a poster child for the hazards of shale gas development.
But the judge, in a 58-page opinion released late Friday, reversed the award of $4.24 million against Cabot Oil & Gas which the jury determined had been negligent in its extraction of natural gas in the community.
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He may be the most anti-Trump politician in New York

Aaron Elstein writes for Crain’s:
There’s an undeclared competition underway between New York’s top elected leaders: Who is the most anti-Trump? And the city comptroller is firmly in the lead.
So far this month, Mayor Bill de Blasio has issued 70 press releases, seven of which criticized Donald Trump’s policies, according to his office’s website. Gov. Andrew Cuomo’s office has put out 176 March press releases, only five of which expressly mention the president. Ten of Attorney General Eric Schneiderman’s 49 press releases assail the president or his administration.
Which brings us to Comptroller Scott Stringer, who has slammed Trump in 50% of his press releases issued this month. While that’s only 14 releases, Stringer has criticized the president in three of the last four, and the steady stream of criticism could help raise his profile should he run for mayor in a city where 80% of voters backed Hillary Clinton.
In Thursday’s salvo, Stringer took Trump’s tax policies to task. He said if the president’s tax plan is adopted by Congress, 40% of all single parents in the city would see their taxes go up while 90% of millionaires would get a decrease. That said, Trump’s tax plans appear to be in flux and Stringer staffers acknowledged in the report’s footnotes they had analyzed a plan accessed from the Trump campaign website that has since been taken down.
Stringer has criticized the president more frequently since the attempted Obamacare repeal fell apart and polls showed Trump’s popularity sliding into the Mariana Trench.
On Wednesday, Stringer warned that amid “anti-immigration messages and policies from the White House,” employers with city contracts must not underpay immigrant workers. On Tuesday, he called the president’s signing of an executive order to roll back environmental safeguards “backwards and wrong.” That statement broke 19 days of silence about Trump. Stringer evidently rested up after criticizing the president on March 9 for threatening to eliminate funding for the arts.
As comptroller, Stringer’s actual job is to monitor city spending and serve as a trustee to the municipal employee pension plans. That means his platform to criticize Trump is smaller than the governor’s, mayor’s or the attorney general’s. But he is clearly trying to make the most of the space he’s got.
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Does pollution from Fort Dix threaten downstream water?



Contaminants in groundwater exiting Fort Dix in New Jersey have been discovered at levels far exceeding national safety standards. This is causing concerns for private and public drinking water downstream from the base.  



In our latest podcast episode, we discuss the issue with Jon Hurdle, a Philadelphia-based freelance writer, who reports for StateImpact, NJ Spotlight and The New York Times.


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EPA announces $14M cleanup of Gibbsboro (NJ) dump site

This news release just in from the Environmental Protection Agency (EPA)


(New York, N.Y. –  March 30, 2017) The U.S. Environmental Protection Agency today announced a legal agreement with the Sherwin-Williams Company to clean up lead and arsenic contaminated soil and sediment at the Route 561 Dump site in Gibbsboro, N.J. The site is near a former paint manufacturing plant and was used as a paint waste dump. The Route 561 Dump site includes businesses, a vacant lot, White Sand Branch creek, and wetlands. Sherwin-Williams will pay an estimated $14 million to clean up the site, and pay the EPA’s expenses in overseeing the work.
“This agreement allows us to move forward on this much needed cleanup of contaminated soil and sediment and to protect the health of people who live and work in this community,” said Catherine McCabe, Acting EPA Regional Administrator. “Cleanup of the Route 561 Dump Site is being paid for by Sherwin-Williams, not the taxpayers, which is an important feature of EPA’s site cleanup program.”

The soil and sediment cleanup at the Route 561 Dump site builds on previous work conducted at the site to address immediate risks. For this phase of cleanup, the EPA will oversee the removal of contaminated soil and backfilling of excavated areas with clean soil. Contaminated soil will be properly disposed of at approved facilities that are licensed to handle the waste. In total, approximately 23,000 cubic yards of contaminated soil will be removed.  Following excavation and backfilling, a soil cover will be placed over vegetated areas and an asphalt cap will be placed over portions of commercial properties. The remedy also requires excavation of contaminated sediment from White Sand Branch. The EPA will coordinate with property owners and occupants to ensure that the work is done with minimal disruption. The EPA will monitor the air near work areas throughout the process to ensure the safety of workers and the surrounding community.

EPA is requiring that deed notices be placed on the land to inform the public and limit their exposure to contaminated soil. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.

The Route 561 Dump site, the Sherwin-Williams/Hilliard’s Creek Superfund site, and the United States Avenue Burn Superfund site are all sources of contaminated soil and sediment, which has spread onto a number of residential properties within Gibbsboro and Voorhees, N.J.  Under previous orders by the New Jersey Department of Environmental Protection and the EPA, Sherwin-Williams has:
  • removed 8,096 cubic yards of sludge from a former lagoon area
  • removed 44,785 gallons of liquid waste
  • installed a soil vapor extraction treatment system to reduce the volatile organic compounds in soil near two former plant buildings
  • installed fencing to limit access to some source areas, and
  • started soil cleanup at residential properties, which is ongoing.
Lead is a neurotoxin and increasing amounts build up in the body. Even at low levels, lead in children can lower I.Q.s, cause learning disabilities, damage hearing, reduce attention spans, and cause hyperactivity and other behavior problems. Arsenic is toxic, can damage people’s health, and can cause cancer. This cleanup reduces the potential for harm to people’s health from coming into contact with, or accidentally ingesting, soil or creek sediment contaminated with lead and arsenic.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. The EPA searches for parties legally responsible for the contamination and it seeks to hold those parties accountable for the costs of investigations and cleanups.

The EPA held a public meeting in Gibbsboro in June 2016 to take public comment on cleanup options for the Route 561 Dump site and EPA’s proposal.  The cleanup plan was finalized by the EPA in September 2016.

The Administrative Order on Consent can be viewed at https://semspub.epa.gov/src/document/02/413752. Project documents for the Route 561 Dump cleanup can be viewed at https://www.epa.gov/superfund/route-561-dump. Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2.

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NJ court approves road along Pinelands hiking trail


DEP reverses earlier decisions to deny construction permits; court upholds agency, frustrating ‘greens’ who argued against project

lacey railtrail

Parts of the popular Lacey rail trail are located near the Pinelands National Reserve.
A state appeals court yesterday tossed out a suit brought by conservationists who sought to block the construction of a nearly two-mile road on portions of a popular biking and walking trail near the Pinelands National Reserve.
In a unanimous decision, the three-judge panel found that the state Department of Environmental Protection, which previously had twice denied permits for the project, acted within its authority in granting approval for a slightly revamped version.
The project had been opposed by four conservation organizations, which had argued in court that the state agency had failed to justify its reversal on the proposal and neglected to recognize the trail as public open space. The court rejected those assertions in a 43-page unpublished decision.
The 1.9-mile bypass road, designed to ease congestion on the busy Route 9, has been under consideration for the past decade. The road runs along an abandoned rail line, once operated by the Central Jersey Railroad, and now used as a recreational trail.
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The trail winds its way through pine and oak forests with indirect access to many parks and recreation areas, including the Forked River Game Farm and Double Trouble State Park.

In its decision, the court essentially bowed to the expertise of the state agency in deciding to grant a Coastal Area Facility Review for the project, noting the DEP had insisted on a number of adjustments in the route of the project.
“We accord deference to a final agency action, and will not substitute our judgment for the expertise of an agency so long as that action is statutorily authorized and not otherwise defective because arbitrary or unreasonable (or not supported by the record),” the court said.
As for whether the land was designated for open space, the court noted that the DEP, in granting the permit, concluded the land was not public open space after finding it was purchased by Lacey Township “for the purpose of construction of the road project’’ and was not “dedicated for conservation, public recreation, public access, or wildlife protection.’’
The case is the latest in which environmental groups are challenging decisions they believe are undercutting protections to safeguard the Pinelands, a 1-million-acre expanse of pine forests set aside for preservation four decades ago. Yesterday, the Pinelands Preservation Alliance announced it was going back to court to try and prevent construction of a 22-mile pipeline, 10 miles of which would traverse the forested area of the preserve.
“What we’ve seen with Gov. (Chris) Christie, it’s been death by a thousand cuts. It’s a roadway here, a pipeline there, and just one thing after another,’’ said Jeff Tittel, director of the New Jersey Sierra Club, one of the organizations involved in the Lacey lawsuit. Lacey Rail Trail Environmental Committee; Save Barnegat Bay; and the American Littoral Society were the other appellants in the lawsuit.

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Monmouth, NJ residents RAGE over high-voltage line plan

A large and vocal crowd are attending a public meeting tonight in Monmouth County to oppose a high-voltage power line proposed by JCP&L.They say, if approved, the project would ruin their property values and put their children at risk. Brenda Flanagan covers the story above for NJTV News.


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