Despite Gov. Murphy’s Vow To Stop The Project, DRBC Extends Expired Approvals And Fortress Energy Remains “Fully Committed” To LNG Export Plant On Delaware River

DRBC Extends Approvals With No Public Process

Murphy DEP Commissioner Previously Served As Lawyer On The Project

DRBC Extension Is Compelling Evidence That Gov. Murphy’s Opposition Is Not Genuine

The Delaware River Basin Commission (DRBC) recently granted a request by Fortress Energy to extend DRBC approvals for the controversial LNG export project along the Delaware River in Gibbstown, NJ.

The initial DRBC approval was slated to expire on June 12, 2022. Expiration could have forced the project back to square one to re-apply for DRBC approvals, or at least seek DRBC approval after additional rounds of DRBC technical review and public hearings on the extension request.

This is a massive new fossil infrastructure project that would expand fracking and cause significant increases in greenhouse gas emissions, especially highly potent methane.

As such, the project directly contradicts NJ Gov. Murphy’s numerous (toothless) Executive Orders and personal public commitments to reduce greenhouse gas emissions (read the Fortress request and DRBC approval here – documents provided by Delaware Riverkeeper).

Fortress Energy emphasized that they remain “fully committed” to the project:

The DRBC extension was granted for an additional 3 years, until June, 12, 2025

In an unusual move, particularly on a project that has generated such huge public opposition, DRBC Executive Director Tambini issued the extension unilaterally by letter on June 16, 2022 (with an unusual retroactive provision, i.e. the extension was issued after the original approval had expired), and he did so with no public process, a move that was harshly criticized by Delaware Riverkeeper.

The DRBC extension is particularly egregious, given NJ Gov. Murphy’s high profile public vow to do everything in his power to stop the project. (NJ Spotlight wrote:

“The Administration, however, remains unwavering in its commitment to continue advancing critical initiatives to protect the environment and public health for future generations. It will explore all avenues within its authority to prevent the use of this dock for LNG transport,” the statement said. Murphy did not say how he would do that.

His vow to block the project came after his DEP issued permits to approve the project.

Gov. Murphy is a Co-Chair of the Commission – his DEP Commissioner is a voting member (which raised obvious ethical conflict and recusal issues, given DEP Commissioner LaTourette’s legal work for the project in securing DEP permits).

Obviously, DRBC denial of the extension request was a regulatory opportunity to block the project.

There is no way DRBC Executive Director Tambini would have issued this extension on his own without consulting with Gov. Murphy’s Office, with his DEP Commissioner, or over the objection of Gov. Murphy or DEP, so the extension itself is compelling evidence that Gov. Murphy’s opposition is not genuine.

The fact that Fortress Energy remains committed to the project and continue to spend a lot of money developing the project is also compelling evidence that that have no fear of Gov. Murphy’s threat to kill the project.

The Fortress commitments and DRBC approval make a mockery of Gov. Murphy’s gestures to stop the project.

As we revealed, Gov. Murphy’s DEP Commissioner Shawn Latourette was the lead lawyer for the Fortress LNG project to secure DEP permits and he was installed at DEP just 2 weeks after leaving his law firm legal post for Fortress.

The Tambini secret extension is another example of special treatment and secrecy on this project, see:

• Murphy DEP LNG Permit Approval & Suspension Exposes A Rigged And Corrupt DEP Permit System

• Did Senate President Sweeney and/or NJ Gov. Murphy Pressure Regulators To Keep Delaware LNG Export Terminal Under The Radar?

• Murphy DEP Denies Request For Public Records On DEP’s Review Of “Fortress Energy” LNG Export Project In Gibbstown, NJ

• Documents Show That Consultant For LNG Export Project Actually Wrote Portions Of DEP Responses To Public Comments 

None of this could have occurred if Gov. Murphy seriously wanted to kill the project.

So, why did the Delaware Riverkeeper’s scathing press release not even mention Gov. Murphy and instead punched down and targeted ED Tambini, and not Gov. Murphy?

That’s just another example of the lame lapdogs in the NJ climate activist community.

Where is the NJ press corps? Where is legislative oversight to hold the Gov. accountable?

[End Note:  I learned of the DRBC extension this morning in an email from Catskill Mountainkeeper. The mis-focused headline says it all: “BREAKING NEWS– DRBC Executive Director Breaks Protocol”

While they do mention the powerful NY State climate law (which NJ does not have), unfortunately they follow Riverkeeper’s lead and target ED Tambini with No mention of NJ Gov. Murphy or NY Gov: (red highlight mine, boldface in original)

New York State’s nation-leading climate law–the Climate Leadership and Community Protection Act (CLCPA)–clearly states that the approval of all new construction and development here must take climate impacts into consideration. The DRBC’s quiet approval of this permit extension behind closed doors not only violates public trust and governmental transparency, but also goes against the guidelines laid out in the CLCPA by supporting the fossil fuel industry’s behind-the-scenes dealings in toxic oil and gas. Mountainkeeper is extremely disappointed and concerned about this breach in protocol by Mr. Tambini, and we are working with our allies at Delaware Riverkeeper Network to hold the DRBC accountable.

Both groups need to hold their Governors accountable, not the puppet Tambini!