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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After fracking ban enactment, NYDEC chief steps down

NYDEC Commissioner Joe Martens outlining priorities before joint budget committee A day after enacting a promised ban on fracking, New York Department of Environmental Conservation Commissioner Joseph Martens has announced that he’ll step down this month, the Associated Press reports.

The Open Space Institute, a Manhattan-based non-profit land preservation group, said Wednesday that Martens will join the group this summer as a consultant focusing on national climate change policy. Martens headed the group before he was appointed by Gov. Andrew Cuomo to head the DEC in 2011.

Martens said in an email to DEC staff that his executive deputy, Marc Gerstman, will serve as acting commissioner until Governor Cuomo appoints a successor.

Fracking ban now official On Monday, Martens finalized the state’s ban on high-volume hydraulic fracturing for natural gas, a decision he had announced in December. The ban, culminating seven years of environmental and health impact reviews, makes New York the only state with significant shale gas resources to prohibit the technology.

The state has had a moratorium on fracking since the environmental review began in 2008, before Cuomo took office. The technology has produced new jobs, created economic growth and reduced energy prices but has triggered concern that it could pollute air and water, cause earthquakes and pose long-term health effects that aren’t yet known.
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Recent Blog Posts
Obama offers solar for low-income homes if NJ approves 
Pa. Gov. Wolf names members of pipeline taskforce 
NJ out to block suit challenging Exxon pollution settlement
Christie signs bill paving way for development of Liberty State Park 
The greening of the Big American Beer supply chain 

After fracking ban enactment, NYDEC chief steps down Read More »

Obama offers solar for low-income homes if NJ approves

Hoping to increase access to solar energy, particularly for low- and moderate-income families, the Obama administration yesterday announced an initiative to develop community-based solar projects, Tom Johnson reports today in NJ Spotlight
The concept, already adopted by some states, aims to provide solar power to the nearly 50 percent of households in the United States that rent or do not have adequate roof space or enough capital to install renewable-energy systems. The initiative also applies to small businesses.
These types of community-based programs do not exist in New Jersey and would require legislative action to be set up, according to solar executives. The state has more than 35,000 solar systems installed, most of them rooftop arrays on single-family homes and businesses.

The effort could be aided by more than $560 million in independent commitments from philanthropic and other investors, as well as from states and cities looking to promote community solar, according to the administration.

 
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Pa. Gov. Wolf names members of pipeline taskforce


Governor Tom Wolf yesterday announced the appointment of 48 individuals to participate on the Pennsylvania Pipeline Infrastructure Taskforce, chaired by Department of Environmental Protection Secretary John Quigley.

The group of experts and stakeholders will recommend policies, guidelines and best practices to guide the anticipated and unprecedented build-out of pipeline infrastructure expected to take place across Pennsylvania during the next decade.

According to a news release from the Governor’s Office, the members will "define a set of recommendations and best practices for: planning, siting and routing pipelines; amplifying and engaging in meaningful public participation; maximizing opportunities for predictable and efficient permitting; employing construction methods that reduce environmental and community impacts; and developing long-term operations and maintenance plans to ensure pipeline safety and integrity. The task force will provide a report of recommendations to Governor Tom Wolf by February 2016."

More than 200 people applied to participate on the task force.

The task force will be informed by an additional 101 individuals, serving on 12 workgroups, who will focus on such issues as pipeline safety and integrity, siting and routing, environmental protection, conservation, agriculture, emergency preparedness, natural gas end use, county government, local government, public participation, workforce and economic development, and historical, cultural and tribal issues.
The first meeting of the task force will be held from 1-4 PM, July 22 at DEP’s South-central Regional Office, 909 Elmerton Ave.,Harrisburg. The meeting will be open to the public and streamed live and will also available on DEP’s website. Access information will be posted here prior to the meeting.
Following is the list of task force appointees:
State Government:
  • John Quigley, Secretary, DEP (task force chair)
  • Dennis Davin, Secretary, Department of Community and Economic Development
  • Karen Murphy, Secretary, Department of Health
  • Leslie S. Richards, Secretary, Department of Transportation
  • David Sweet, Special Assistant, Governor’s Office
  • John Hanger, Secretary, Policy and Planning, Governor’s Office
  • Dan Devlin, State Forester, Department of Conservation and Natural Resources
  • Michael F. Smith, Executive Deputy Secretary, Department of Agriculture
  • Richard D. Flinn, Jr., Director, Pennsylvania Emergency Management Agency
  • Heather Smiles, Chief, Division of Environmental Services, Pennsylvania Fish and Boat Commission
  • Michael R. DiMatteo, Chief, Division of Environmental Planning and Habitat Protection, Pennsylvania Game Commission
  • Sarah Bellew, Deputy State historic Preservation Officer, Pennsylvania Historic Museum Commission
  • Paul Metro, Manager, Gas Safety Division, Pennsylvania Public Utility Commission
  • David Smith, Property Management Administrator, Pennsylvania Turnpike Commission
Federal Government:
  • David Hanobic, Federal Energy Regulatory Commission Outreach Coordinator
  • Colonel Ed Chamberlayne, Baltimore District, U.S. Army Corps of Engineers
  • Steve Tambini, Delaware River Basin Commission
External Stakeholders:
Agriculture
  • David Messersmith, Penn State Extension, of Honesdale, Wayne County
Conservation and Natural Resources
  • Mark Gutshall, LandStudies, of Lititz, Lancaster County
Conventional Oil and Gas
  • Nicholas Geanopulos, Geanopulos Representations, of Mount Lebanon, Allegheny County
County Government
  • Kathi Cozzone , Chester County Commissioner, of Exton, Chester County
Emergency Preparedness
  • William Kiger, PA One Call System, of West Mifflin, Allegheny County
Environmental Protection
  • Davitt Woodwell, Pennsylvania Environmental Council, of Pittsburgh, Allegheny County
  • Kenneth Klemow, Wilkes University, of Wilkes-Barre, Luzerne County
  • Michael Gross, Post & Schell, P.C., of Philadelphia, Philadelphia
  • Michael Helbing, Citizens for Pennsylvania’s Future, of Archbald, Lackawanna County
Historic/Cultural/Tribal
  • Curtis Biondich, BL Companies, of Oakmont, Allegheny County
Local Government
  • Marvin Meteer, Wyalusing Township, of Wyalusing, Bradford County
Natural Gas End User
  • Cristina Jorge Schwarz, Apex Companies LLC, of Malvern, Chester County
  • Wayne Gardner, W E Gardner Company, LLC, of Downingtown, Chester County
Pipeline Industry
  • Duane Peters, American Council of Engineering Companies – PA Chapter, of Harrisburg, Dauphin County
  • Joe Fink, CONE Midstream Partners LP, of Canonsburg, Washington County
  • Thomas Hutchins, Kinder Morgan, of Tomball, Texas
  • Dave Callahan, MarkWest, of Canonsburg, Washington County
  • Joseph McGinn, Sunoco Logistics Partners LP, of Philadelphia
  • Cindy Ivey, Williams, of Houston, Texas
Pipeline Safety and Integrity
  • Keith Coyle, Van Ness Feldman, of Arlington, Virginia
Unconventional Oil and Gas
  • Fredrick Dalena, EQT Corporation, of Pittsburgh, Allegheny County
  • Justin Trettel, Rice Energy, of Canonsburg, Washington County
  • Mark Reeves, Shell, of Sewickley, Allegheny County
  • Sarah Battisti, Southwestern, of Camp Hill, Cumberland County
  • Walter Hufford, Talisman Energy/Repsol, of Warrendale, Allegheny County
Workforce/Economic Development
  • Anthony Gallagher, Steamfitters LU420, of Philadelphia
  • Don Kiel, of SEDA-COG, of Lewisburg, Union County
Legislative Appointments:
President Pro Tempore of the Senate
  • Terry Bossert, Range Resources, of Mechanicsburg, Cumberland County
Minority Leader of the Senate
  • Andrew Dinniman, Pennsylvania Senate, of West Chester, Chester County
Speaker of the House
  • Lauren Parker, Civil and Environmental Consultants, of Pittsburgh, Allegheny County
Minority Leader of the House
  • William F. Keller, Pennsylvania House, of Philadelphia

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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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NJ Gov. Christie signs legislation paving the way for private development of Liberty State Park; park lovers concerned


“Governor Christie signed into law Monday night a bill intended to quell concerns over the future of Liberty State Park – but his signature did anything but that,” Dustin Racioppi and Scott Fallon write today in The Record.

Instead, environmentalists and park
enthusiasts say, the so-called cleanup bill would plot a course toward private
development of the state’s most-visited park, despite its many changes the last
several weeks. The sprawling park along the Hudson River has been eyed over
four decades for private development but each proposal has been fended off by
advocates. Christie, a Republican running for president, has viewed the park as
a revenue generator and commissioned a report last year on possibilities for
development there.

“It would be like a president privatizing the National Mall in
Washington, D.C.,” said Sam Pesin, president of the Friends of Liberty State
Park advocacy group.  

The law would allow the NJ Sports & Exposition Authority to review and
possibly finance private development at Liberty State Park — a goal of the
Christie administration, which has long seen the park, its 5 million annual
visitors and its spectacular views of Manhattan as an untapped revenue
source.  
The bill would give the final decision to the Department of
Environmental Protection commissioner, who oversees state parks. Pesin said
that was one of the bill’s positive changes, but Jeff Tittel, director of the
Sierra Club’s New Jersey chapter, said, “that’s not a fix because the DEP
commissioner works for Christie.”



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