Pinelands Commission to Begin Reform of MOA Rules At Issue In Pipeline Battle

First Meeting In Wake of Bruising Battle over Bob Barr’s Senate Confirmation

Embarrassing Emails Sure To Reignite Debate

Tomorrow the Pinelands Commission’s Policy and Implementation Committee will meet to discuss, among other things, reforms to the current regulations governing Intergovernmental Memoranda of Agreement (MOA).

Chairman Lohbauer recently called for creation of an Ad Hoc Committee to reform MOA rules in response to disclosure of a series of highly improper emails between pipeline applicant South Jersey Gas, Governor Christie’s Office, and Executive Director Wittenberg and legal Counselor Roth.

The trove of emails were obtained by the Pinelands Preservation Alliance, who had to file a lawsuit after their OPRA request was denied.

Prior to that, I also filed a simialr OPRA request that also was denied, see: What Does the Pinelands Commission Have to Hide?

Those emails reveal, at best, a compromised review process, and have generated embarrassing press and critical editorials, see:

• Agency and utility under scrutiny for proposed Pinelands gas pipeline 
• BEHIND-SCENES STRUGGLE SHADOWS SENATE PINELANDS VOTE, PIPELINE PROJECT
• Christie, Pinelands staff, industry too chummy (Asbury Park Press)
• Emails Show Gas Company Virtually Owned Executive Director of Pinelands Commission (Wolfenotes)

I recently predicted that any MOA reform process needed to be closely monitored:

I suspect that the overall game plan is to not oppose Chairman Lohbauer’s proposal to form an Ad Hoc MOA rule reform Committee, but rather to install Tony on the inside, delay and co-opt the MOA reform process, and divert the focus while SJG pursues an alternate pipeline route outside the Pinelands.

I will attend tomorrow’s meeting and repeat my prior recommendations or MOA reforms:

I spoke and recommended that the Commission strengthen the CMP MOA rules by developing more detailed standards and criteria to beef up the current vague and excessively discretionary CMP regulatory standard for MOA’s (@ NJAC 7:50-4.52(c)2.) that sets the following standard:

afford an equivalent level of protection of the resources of the Pinelands than would be provided through a strict application of the standards of this Plan.  

I suggested that the Commission look to NJ DEP’s Guidance and Technical Manual regarding reductions in the 300 foot C1 stream buffers, which require demonstration of “equivalent ecological function” (see: NJAC 7:8 -5.5(h)1.ii.) which sets this standard:

The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable.

I also recommended stronger standards and definitions of public projects and public entities, to avoid the abuse of using BPU to cover for the private SJG project.

I also recommended that the Commission impose an administrative moratorium on review of any applications seeking a MOA or Waiver of Strict Compliance until CMP regulations are strengthened, so we don’t repeat the mistakes made during the SJG review process.

The model for a moratorium was the Delaware River Basin Commission’s moratorium on review of fracking applications until new safeguards were developed to address gaps and weaknesses in current DRBC regulations.

We’ll keep you posted on what transpires.