Enviros ask appellate court to approve Exxon intervention

EXXON Bayway Refinery
 
Several environmental groups are appealing a decision by a judge who had barred them from challenging a $225 million settlement between Exxon Mobil and the Christie administration.
 
 
 
James M. O’Neill reports in The Record:

The environmental groups filed their appeal with the New Jersey Appellate Division, asking that court to overturn Superior Court Judge Michael Hogan’s decision to deny them legal status to intervene in the case. If the Appellate Division agrees with the environmental groups, it would open the way for them to formally challenge the actual settlement.

 
The settlement is designed to compensate the public for contaminated wetlands around two of Exxon’s former refineries in Linden and Bayonne. It goes beyond any costs incurred by Exxon to clean up the wetlands.
 
Governor Christie has defended the settlement, saying it was by far the largest of its kind in state history. But environmentalists and Democrats in the Legislature have been critical, saying the settlement is small compared with the $8.9 billion the state originally sought when it filed suit in 2004.
 

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FTC limits use of product term ‘biodegradable’

Photo Credit: biodegradable label via Shutterstock
Manufacturers can no longer use the term “biodegradable” on any product unless that product is shown to completely break down into elements in nature within five years after customary disposal, according to a Federal Trade Commission decision released yesterday.
Environmental Leader reports: 
The FTC’s decision reverses its administrative law judge and sets new national environmental policy. It follows the FTC’s recent crackdown on companies’ claims that their products are biodegradable.
In the FTC administrative law judge’s January decision, Judge D. Michael Chappell ruled that ECM Biofilms, maker of an additive that accelerates the biodegradation of conventional plastics, had proven the effectiveness of its product based on generally accepted, competent and reliable scientific evidence, including more than 20 gas evolution tests that prove intrinsic biodegradability.
The FTC on Oct. 19 rejected the ALJ’s decision without a scientific explanation and without identifying any other form of testing generally accepted in the scientific community that could suport a biodegradable claim, according to ECM Biofilms’ attorney.
“This is an egregious instance of abuse of agency discretion,” said Jonathan Emord of Emord & Associates, the firm representing ECM Biofilms. “The ALJ correctly ruled on the record evidence that the ECM product renders plastic intrinsically biodegradable and accelerates plastic biodegradation — in other words that it works. By forbidding ECM from claiming that its product makes plastics biodegradable despite overwhelming evidence that it does, and by erecting an arbitrary and unscientific five-year cut off for use of the term ‘biodegradable,’ the FTC has imposed a constitutionally forbidden prior restraint on truthful speech.”
ECM will appeal the FTC’s decision, Emord said.

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NJ Senate to vote on energy, environment bills-10/22/15

The New Jersey Senate has scheduled a voting session for Thursday, Oct 22, in Trenton.
On the agenda are the following eight energy and environment bills.


A-3849  DeAngelo, W.P. (D-14); Eustace, T. (D-38);
Mazzeo, V. (D-2);
Pintor Marin, E. (D-29); Benson, D.R. (D-14)
Requires BPU to provide links to pricing information to
customers from electric and gas public utilities, and third-party electric
power and gas suppliers.
Related Bill: S-2466
     Oct 16, 2014  – Proposed for Assembly
introduction
     Oct 23, 2014  – Introduced in Assembly
     Oct 23, 2014  – Referred: Assembly
Telecommunications and Utilities
     Dec 4, 2014    – Reported with Assembly committee amendments
     Dec 4, 2014    – 2nd reading in Assembly
     Jan 29, 2015   – Assembly amendment (voice
vote) (voice vote) (DeAngelo)
     Jan 29, 2015   – 2nd reading in Assembly
     Mar 9, 2015   – Assembly amendment (voice vote) (voice vote) (DeAngelo)
     Mar 9, 2015   – 2nd reading in Assembly
     May 14, 2015 – Passed by the Assembly (70-0)
     May 18, 2015 – Received by the Senate
     May 18, 2015 – Referred: Senate Environment
and Energy
     Sep 21, 2015  – Posted: Senate Environment
and Energy
     Sep 24, 2015  – Reported with Senate
committee amendments
     Sep 24, 2015  – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate
A-3851  DeAngelo, W.P. (D-14); Eustace, T. (D-38);
Mazzeo, V. (D-2);
Pintor Marin, E. (D-29); Benson, D.R. (D-14)
Imposes contract standards between customers and
third-party electric power and gas suppliers.
Related Bill: S-2468
     Oct 16, 2014  – Proposed for Assembly
introduction
     Oct 23, 2014  – Introduced in Assembly
     Oct 23, 2014  – Referred: Assembly
Telecommunications and Utilities
     Dec 4, 2014    – Reported with Assembly committee amendments
     Dec 4, 2014    – 2nd reading in Assembly
     Jan 29, 2015   – Assembly amendment (voice
vote) (voice vote) (DeAngelo)
     Jan 29, 2015   – 2nd reading in Assembly
     Mar 9, 2015   – Assembly amendment (voice vote) (voice vote)
(DeAngelo)
     Mar 9, 2015   – 2nd reading in Assembly
     May 14, 2015 – Passed by the Assembly (72-0)
     May 18, 2015 – Received by the Senate
     May 18, 2015 – Referred: Senate Environment
and Energy
     Sep 21, 2015  – Reported by committee
(wo/quorum)
     Sep 24, 2015  – Reported by committee
     Sep 24, 2015  – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate
A-4307  McKeon, J.F. (D-27); Quijano, A. (D-20);
Schaer, G.S. (D-36)
Increases required public notice from 30 days to 60
days for settlements entered into by DEP pursuant to Spill Compensation and
Control Act.
Related Bill: S-2919
     Mar 16, 2015 – Introduced in Assembly
     Mar 16, 2015 – Referred: Assembly Judiciary
     Mar 19, 2015 – Reported by committee
     Mar 19, 2015 – 2nd reading in Assembly
     Mar 26, 2015 – Passed by the Assembly (70-3)
     May 7, 2015   – Received by the Senate
     May 7, 2015   – Referred: Senate Environment and Energy
     Jun 8, 2015    – Reported by committee
     Jun 8, 2015    – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate
S-1341  Van Drew, J. (D-1); Madden, F.H. (D-4);
Andrzejczak, B. (D-1);
Gusciora, R. (D-15); Spencer, L.G. (D-29)
Establishes penalty for failure to include bittering
agent in antifreeze.
Related Bill: A-2961
     Feb 25, 2014  – Proposed for Senate
introduction
     Feb 27, 2014  – Introduced in Senate
     Feb 27, 2014  – Referred: Senate Environment
and Energy
     Apr 28, 2014  – Reported by committee
     Apr 28, 2014  – 2nd reading in Senate
     Apr 28, 2014  – Referred: Senate Budget and
Appropriations
     Sep 15, 2014  – Reported by committee
     Sep 15, 2014  – 2nd reading in Senate
     Sep 22, 2014  – Passed by the Senate (38-0)
     Sep 22, 2014  – Received by the Assembly
     Sep 22, 2014  – Referred: Assembly
Agriculture and Natural Resources
     Oct 9, 2014    – Reported by committee
     Oct 9, 2014    – 2nd reading in Assembly
     Dec 15, 2014  – Posted but not considered:
Assembly
     Dec 18, 2014  – Assembly amendment (voice
vote) (voice vote) (Diegnan)
     Dec 18, 2014  – 2nd reading in Assembly
     Jan 26, 2015   – Meeting canceled: Assembly
     Jan 29, 2015   – Substituted for another
bill: A2961
     Jan 29, 2015   – Passed by the Assembly
(70-1-0)
     Feb 5, 2015    – Received by the Senate
     Feb 5, 2015    – 2nd reading in the Senate to concur with
amendments
     Oct 22, 2015  – Posted: Senate
S-1413  Smith, B. (D-17); Bateman, C. (R-16)
Requires BPU financial incentives for photovoltaic
equipment for residences that are Energy Star compliant receive preferred
treatment.
Related Bill: A-2531
     Feb 25, 2014  – Proposed for Senate
introduction
     Feb 27, 2014  – Introduced in Senate
     Feb 27, 2014  – Referred: Senate Environment
and Energy
     Sep 21, 2015  – Reported Sca (wo/quorum)
     Sep 24, 2015  – Reported with Senate
committee amendments
     Sep 24, 2015  – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate
S-2466  Turner, S.K. (D-15); Singer, R.W. (R-30)
Requires BPU to provide links to pricing information to
customers from electric and gas public utilities, and third-party electric
power and gas suppliers.
Related Bill: A-3849
     Oct 9, 2014    – Proposed for Senate introduction
     Oct 14, 2014  – Introduced in Senate
     Oct 14, 2014  – Referred: Senate Environment
and Energy
     Sep 21, 2015  – Reported Sca (wo/quorum)
     Sep 24, 2015  – Reported as a Senate
committee substitute
     Sep 24, 2015  – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate
S-2468  Turner, S.K. (D-15); Singer, R.W. (R-30)
Imposes contract standards between customers and
third-party electric power and gas suppliers.
Related Bill: A-3851
     Oct 9, 2014    – Proposed for Senate introduction
     Oct 14, 2014  – Introduced in Senate
     Oct 14, 2014  – Referred: Senate Environment
and Energy
     Sep 21, 2015  – Reported Scs (wo/quorum)
     Sep 24, 2015  – Reported as a Senate
committee substitute
     Sep 24, 2015  – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate
S-2919  Greenstein, L.R. (D-14); Bateman, C. (R-16)
Increases required public notice from 30 days to 60
days for settlements entered into by DEP pursuant to Spill Compensation and Control
Act.
Related Bill: A-4307
     May 7, 2015   – Proposed for Senate introduction
     May 14, 2015 – Introduced in Senate
     May 14, 2015 – Referred: Senate Environment
and Energy
     Jun 8, 2015    – Reported by committee
     Jun 8, 2015    – 2nd reading in Senate
     Oct 22, 2015  – Posted: Senate

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NJ Stevens students shine in national energy competition

 

Those smart engineering students at Stevens Institute of Technology in Hoboken made their school and New Jersey proud this week by capturing first place in a prestigious national Department of Energy competition. Laura Herzog of NJ Advance Media reports that the winning entry was a "futuristic, hurricane-resistant and energy-efficient coastal home that was inspired by Hurricane Sandy and Hoboken’s long history of flooding."

"We were very hopeful that we were going to get first," said graduate engineering student A.J. Elliott, 24, soon after the official win was announced Saturday afternoon.

"We think this really sparks the conversation as an alternative to raising homes up on stilts. We’re certainly going to be doing more research at Stevens, continued research on coastal resilience, and we hope that more people continue (to do research)."

Dozens of students, with guidance from faculty, built the home to withstand Hurricane-force winds and flooding. Named the "Sure House," their design won top honors this week at the 2015 competition in Irvine, California.

The prestigious competition charged the "best and brightest minds from around the world to create innovative, highly energy-efficient homes that will change how we build," U.S. Energy Secretary Ernest Moniz said in a statement.


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Christie team: Nothing to say on Liberty State Park plans


New Jersey officials said Friday they will not participate in a Senate hearing Monday in Trenton on the Christie administration’s plans to bring more private development to Liberty State Park, Scott Fallon reports in The Record.

The hearing was called after the state Department of Environmental Protection repeatedly denied requests by legislators and advocates, as well as The Record and other news organizations, to release a report by a contractor that assessed privatization possibilities for the state’s most visited park.

Although the report was submitted almost a year ago to the DEP, the agency has said it is not subject to the state’s Open Public Records law because it “has not been finalized, is in draft form and deliberative.”

Bob Considine, a DEP spokesman, said Friday that the report will not be released for Monday’s hearing by the Senate Environment and Energy Committee in Trenton.

“We have been invited to the hearing, but declined because, as we’ve said repeatedly, there are currently no plans for development or amenities at Liberty State Park to discuss,” Considine said.

“When and if there are plans for any kind of enhanced amenities at Liberty State Park, the public will be part of the process.”

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Fishermen’s Energy to reconfigure offshore wind project

After learning that the New Jersey Supreme Court will not hear its appeal, embattled offshore wind developer Fishermen’s Energy will reconfigure its Atlantic City, N.J.-based pilot project using Siemens 4.0-130 wind turbines in an effort to appease state regulators, NAW reports.

According to Fishermen’s Energy, moving to Siemens’ 4 MW offshore wind turbine will address the objections raised by the Board of Public Utilities (BPU), the state regulator with which the developer has been locked in a stalemate since 2013.

The BPU has noted that Fishermen’s frequent switching of turbine suppliers has hurt the wind developer’s application. In its initial June 2011 project application, the BPU says the developer was considering three possible turbine manufacturers: Siemens, GE and China-based XEMC New Energy.

When Fishermen’s opted to go with the China-based XEMC, the BPU questioned the effectiveness of the XEMC turbines. By switching to Siemens, Fishermen’s hopes it has done enough to convince the BPU.

“We have been working with Siemens to utilize their 4 MW turbine – a turbine that is the class leader around the world and one that is ideally suited for waters off the coast of New Jersey,” says Chris Wissemann, CEO of Fishermen’s.

“We actually heard the BPU a long time ago, but the legalistic nature of the process has hindered our ability to work collaboratively with the BPU to agree on a solution.”With the legal challenges behind us, we can now announce progress we have made to reconfigure the project to address the issues that the BPU raised in denying approval last year – namely cost, using proven turbines and traditional sources of project financing.”

Read the full story here 


Related news: It’s day in court over, Fishermen’s energy revamps offshore-wind proposal

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