WolfeNotes.com

I readily admit that I’m a sucker for political rhetoric, but I just listened to Kamala’s speech in Philadelphia and intro of Minnesota Gov. Walz as VP and portions of his remarks.

I think I almost heard – based on the Nebraska upbringing of Gov. Walz  – ghosts of Jefferson’s yeoman farmer.

Walz is a High School football coach and teacher raised on a Nebraska Farm. He celebrates and can talk to his neighbors.

Was I hallucinating?

“Liberal governments cannot plan. Planning requires the authoritative use of authority. Planning requires law, choice, priorities, moralities. Liberalism replaces planning with bargaining. Yet at bottom, power is unacceptable without planning.” ~~~ Theodore Lowi, “The End Of Liberalism”

Ted Lowi is smiling from his grave.

The recent passing of Ingrid Reed perfectly validates Lowi’s work, particularly the thesis of his classic book, “The End Of Liberalism” (see above quote).

And the NJ Spotlight Tribute (obituary) to Ingrid Reed ironically portrayed the failures it illustrates, see (emphases mine):

• The enduring legacy of Ingrid W. Reed

So many words of praise and distinction come to mind when thinking about Ingrid Reed — feminist pioneer, civil rights advocate, public policy expert, supporter of the arts, environmental leader, planning proponent, to name just a few.

That tribute set me to reflect upon how Reed’s work validates Professor Lowi (full disclosure: In graduate school, I studied regional planning and took Lowi’s courses on government at Cornell (’83-’85). I’ll never forget that he once criticized my work as “spewing drivel and parroting lectures”. But he also praised a paper I wrote on the Toxic Substances Control Act and offered to help get it published in an academic journal).

In addition to validating Lowi, Reed’s work also overlaps with my academic work and some of my own most significant professional battles on land use and regional planning in central New Jersey, Reed’s own back yard and career turf.

I want to expand upon the following key career milestones highlighted in the Spotlight tribute (emphases mine):

In 1972, she ran for West Windsor Township Committee on the platform of forming a master plan for the community. Her bid was unsuccessful but her focus on planning led to 18 years on the Mercer County Planning Board as the first woman appointee and where she served as chair for 11 years.

In 1987, Governor Tom Kean established the Capital City Redevelopment Corporation with Reed as chair, a position she held until 2010.

Reed’s commitment to improving the state was her motivation in helping to establish New Jersey Future in 1987, an organization dedicated to advancing policies and practices to curb sprawl and promote redevelopment. […]

In 1992, Reed became vice president for public affairs and corporate secretary at The Rockefeller University in New York City. During this time, she was elected to the National Academy of Public Administration and served on the New Jersey committee of the Regional Plan Association.

At a time when Reed lived in Princeton, she had a major role in a critical period of the possibility of Capital City Trenton’s redevelopment, land use controls, and regional planning in central NJ and Mercer County.

During this time (1987 – 2000), the major land use battles in Mercer County – Reed’s backyard – became the most important opportunity for Trenton’s redevelopment, for government regional planning efforts to curb sprawl, and as a test of the policies of the State Development and Redevelopment Plan to deliver results.

The regional planning debate centered on 3 massive proposed corporate Office park developments in Hopewell Township, the neighboring town of Reed’s Princeton. They were: 1) Merrill Lynch’s proposed 3.5 million square foot office park on a soybean field in Hopewell; 2) Bristol-Myers Squib (BMS) huge expansion off a rural farm road in Hopewell; and 3) major corporate office park expansion by Berwind on a rural road connecting Hopewell and Princeton. In turn, this development and regional growth were supported by and used by Mercer County and the State to justify major transportation infrastructure development, including a new bridge across the Delaware River and Mercer airport expansion

These corporate office park developments included extension of water and sewer infrastructure out of Trenton to rural Hopewell portions of Mercer County to serve those developments plus additional capacity thousands of units of new residential sprawl development. This infrastructure would not only promote sprawl but it would deprive Trenton of a key strategic asset: finite water and sewer capacity.

Mercer County Executive Bobby Prunetti (R) and NJ Governor Christie Whitman (R) strongly supported these developments. So did the Mercer County Planning Board, The State Planning Commission, and the NJ DEP.

Here’s a 2014 retrospective overview of the controversy by the Trenton Times:

• Merrill Lynch: Smart growth vs. sprawl

HOPEWELL TOWNSHIP — A few years ago, the 450-acre expanse of rolling farmland seemed to stretch endlessly as you exited from the bustle of Interstate 95 onto sleepy two-lane Scotch Road.

One could hardly visualize how Merrill Lynch’s planned 3.5 million-square-foot office complex might transform the landscape. […]

Bill Wolfe of New Jersey’s Sierra Club launched the argument in 1998 that eventually helped persuade Whitman to express regret over having aided Merrill Lynch’s Hopewell bid.

The very State Plan for Development and Redevelopment that calls for building along corridors such as I-95, he said, also calls for directing investment back into New Jersey’s cities.

It’s an argument that holds sway with State Planning Commission Chairman Joseph Maraziti Jr. He calls Merrill Lynch a “missed opportunity,” saying the state should only have provided millions in incentives to help revitalize Trenton — even if the corporation fled to Pennsylvania in response.

“The census says New Jersey has the highest (median) income in the nation,” Maraziti says. “I wonder the extent to which we need to sell our souls to maintain or enhance the wonderful economic position we have in this state.”

Keep that quote about “selling our souls” in mind, particularly in light of Lowi’s quote about “bargaining”.

And consider just who did government officials sell their souls to?

These corporate development proposals prompted public outrage, the formation of a large and powerful local activist group in Hopewell (The Coalition to Save Hopewell Valley), and the replacement of an entirely 5 member Republican Township Committee to a completely 5 member Democratic committee and Democratic control of the local planning board.

This Statewide debate included an extraordinary national front page story in The NY Times on the emergence of women leading an anti-sprawl campaign, one of whom (Marylou Ferrara) would become Mayor and another (Peggy Snyder) a planning board member. (see NY Times 12/27/98)

• Suburban Sprawl Becomes a ‘Mom’s Issue,’ Altering Township Politics

Another major political outcome sparked by this battle was the election of Rush Holt to Congress in an historically Republican district. Holt ran on an anti-sprawl, pro-regional planning, pro-environment platform.

Yet, despite the fact that this battle involved all her key career objectives – regional planning, Trenton redevelopment, environmental protection, public policy, feminist pioneers – Ingrid Reed was nowhere to be seen. Nowhere. AWOL.

[I’m being too kind. The reality is actually far worse. If you read this retrospective case study by Reed’s corporate planning group NJ Future, it shows that Reed’s groups all supported the Merrill Lynch development.]

The reasons for that takes us back to the Ted Lowi quote above about why liberals can’t plan.

Ingrid Reed could not stand up and take on corporate interests and powerful politicians. Period. She could not plan. Period. She was the epitome of the Lowi liberal.

And the elite organizations she formed and worked for – including NJ Future and NJ Spotlight – either actively promote corporate interests – as Joe Maraziti says, they “sell their souls” to economic interests – or they fail to challenge corporate interests.

If you need any more evidence to reach these conclusions, just check out how Merrill Lynch reveals the corruption, in their own words, from the mouthpiece for corporate interests, NJBIZ:

• Merrill Lynch Works to Win Over Hopewell

[…]

“Sewer systems apart, the larger issue for groups like the Sierra Club is regional development. “We are not trying to stop Merrill Lynch from constructing its complex, says Bill Wolfe, policy director at Sierra Club’s New Jersey chapter in Princeton. “We”re fighting the whole explosive growth of Hopewell Valley and all the induced growth of housing it”s going to have, including in Hunterdon County, and the effects on the city of Trenton. Trenton is not going to be able to see any private sector location and development if it can all happen eight miles away on the farm fields of Hopewell.”

Amid all this, Merrill Lynch is ardently playing the role of good corporate citizen. Last year it helped Hopewell Township raise $1.2 million for the purchase of a 167-acre tract on the Washington Crossing-Pennington Road, considered significant for environmental and historical reasons. While Mercer County brought in $365,000 and the non-profit Delaware and Raritan Greenway contributed $100,000, Merrill Lynch put up the rest. When we become part of the community as we do everywhere we do business, the community will find we”re excellent neighbors, says Cowan.

This isn”t just a philanthropic calling for Merrill Lynch. It makes sense as part of a corporate human resources strategy, as well. The fact is that a large number of our people live in and around Hopewell today, says Cowan. The community will find that we are an attractive and pleasant neighbor to deal with. Merrill Lynch will also open some of its facilities for the community to use and promises to participate in every aspect of community life, whether it is schools or charitable organizations.”

See how that works?

Spread a little corporate money around to the right places and get results. You’ll find many of the Ingrid Reed types that are willing to “bargain” to provide cover. (BMS did the exactly the same thing from their role as Board member at the Stonybrook Millstone Watershed Assc. And I know that from the horses mouth – George Hawkins, former Director, told me he stood down due to pressure from BMS.)

That my friend is corruption, not regional planning, environmental protection, or expert public policy.

Some of us stood up when it mattered and called that corruption out.

We didn’t mouth the slogans of feminism, we worked with strong smart women who  assumed leadership roles.

We didn’t mouth vague Foundation slogans about “environmental justice” and “sustainable development”, we demanded that Gov. Whitman’s State government cancel the $260 million in corporate subsidies to Merrill Lynch and instead walk the talk by reinvesting that money in Trenton.

We didn’t receive Rockefeller and Dodge Foundation grants and we didn’t get invited to the Foundation sponsored meetings and we weren’t asked to speak at conferences on “Sustainable Development” and “regional planning”. We worked with local activists to make that vision real.

Others, like Ingrid Reed and her elite well fed institutional and Foundation crowd did not.

Instead, they “sold their souls”.

And here we are.

*** I was unable to locate a photo of Bill Neil, Conservation Director at NJ Audubon and Leslie Kramer, at a press event about 2 years prior this same site, which was published by Hopewell Valley News. If anyone has a copy, please shoot me an email

Bill Wolfe (left), then-policy director of the Sierra Club’s New Jersey chapter, and Jeff Tittel, the director of the environmental advocacy group, discuss farmland in Hopewell, Mercer County, that they hoped to preserve in 2000.
(text to the caption and Photo: Courier-News file)

“This goes against – 100% – the grain of the intent of the bill.” ~~~ Senator Ruiz, Senate Majority Leader

Senator Ruiz – Source: NJ Spotlight screenshot

NJ Legislators are shocked – just shocked! – that the highly touted “historic” environmental justice law is riddled with loopholes, large enough to drive a new fossil gas power plant in Newark through! (watch NJ Spotlight coverage).

And this goes for the prime co-sponsor of the law, Senior Ruiz, the Senate Majority leader.

So, given the strength of their publicly broadcast outrage over DEP’s approval of an “environmental justice review” – falsely purported to be “required” by the EJ law – of a proposed new fossil gas power plant in Newark, I thought I’d seek their support for legislation to close those loopholes.

See the letter to Senator Ruiz and Senate Leadership below. If Senator Ruiz, as Senate Majority leader, were to back legislative amendments, a bill might have a chance of passage. Democrats hold a majority in both houses and the Governorship.

I am not holding my breath for a reply or for support from the NJ environmental justice “leaders” who supported the flawed loophole riddled environmental justice law and declared victory for justice.

Or critical coverage by the NJ press corps, who have cheerled and misled the public about this law.

From: Bill WOLFE <b>

To: “senruiz@njleg.org” <senruiz@njleg.org>

Cc: senbsmith <SenBSmith@njleg.org>, sengreenstein <sengreenstein@njleg.org>, “sengill@njleg.org” <sengill@njleg.org>, “senmckeon@njleg.org” <senmckeon@njleg.org>, “ferencem@njspotlightnews.org” <ferencem@njspotlightnews.org>, “jonhurdle@gmail.com” <jonhurdle@gmail.com>, “shawn.latourette@dep.nj.gov” <shawn.latourette@dep.nj.gov>, “senscutari@njleg.org” <senscutari@njleg.org>

Date: 08/02/2024 7:42 AM EDT

Subject: Bill to close EJ law loopholes

Dear Senator Ruiz:

I am writing to request that you sponsor legislation to close loopholes in the environmental justice law. I am copying friendly members of the Senate Environment Committee and Senate leadership to urge their support as well.

I noted your comments broadcast by NJ Spotlight news on 7/25/24 regarding your criticism of the DEP’s approval of an environmental justice review of the proposed PVSC fossil power plant in Newark. You said:

“This goes against – 100% – the grain of the intent of the bill.”

As prime co-sponsor of that bill, perhaps the lack of application of the law to this facility was an oversight. As you know, the proposed facility was planned long before the drafting and consideration of the bill by the Legislature, so that was a considerable oversight indeed. And this is not the only loophole.

I would be glad to work with you and OLS staff in drafting the necessary amendments to assure that the law actually achieves its stated intent.

Additionally, for your information, I filed an ethics charge (see below) in order to get clarity on these issues. Misleading statements by government officials frustrate an informed citizenry, which is necessary for democracy.

Had the public known of these loopholes at the time the bill was under consideration, perhaps public pressure would have been brought to bear and we would have had a better bill.

I look forward to your timely and favorable reply.

Bill Wolfe

Ethics Violation Involves Repeated False and Misleading Public Statements On The Effect Of NJ Environmental Justice Law On Pending PVSC Power Plant Air Pollution Permit

Shawn LaTourette, NJ DEP Commissioner

On July 19, 2024, NJ Spotlight reported on the Murphy DEP’s approval of an “environmental justice” review and approval of the pending Title V Operating air pollution control permit for the Passaic Valley Sewerage Commission’s proposed new fossil power plant in Newark.

That story made significant errors regarding the applicability of NJ’s environmental justice law on the pending PVSC air permit and included false and misleading statements – upon which the highly misleading story was based – by DEP Commissioner LaTourette.

Specifically, LaTourette created the false impressions that the EJ law applied to the pending air permit application and that his toothless Administrative Order on EJ could establish binding regulatory requirements as conditions in the final DEP issued air permit.

This was not the first time that LaTourette had made false and misleading statements in this matter.

I am so sick of the lies. If LaTourette said that in a Court, he would be disciplined for it. The same standard should apply in the “court of public opinion”. And the same standard should apply in a regulatory proceeding (i.e. the DEP permit process).

I immediately emailed Commissioner LaTourette and requested, if he was quoted accurately, that he publicly correct the record by issuing a public statement. I gave him a week to respond. He has not done so. I warned that if he failed to do so, that I was prepared to file ethics complaints, including to the NJ Courts who supervise NJ’s ethics code for lawyers.

Today, I filed the following “ethics grievance” to the NJ Supreme Court’s Office Of Attorney Ethics:

Dear Office Of Attorney Ethics – see attached form as a PDF.

The text of the complaint follows. Please be advised that this is purely a matter of law and ethics, not merely a policy dispute:

“Shawn LaTourette, Esq. currently serves as the Commissioner of the NJ Department of Environmental Protection (DEP). In that capacity, he has made knowingly false and misleading public statements regarding the applicability, binding regulatory effect, and DEP enforcement powers of the NJ Environmental Justice Law (P.L. 2020, C.92), DEP’s implementing regulations (NJAC 7:1C), the DEP “Technical Guidance” (‘”EJ map”), and the DEP ADMINISTRATIVE ORDER NO. 2021-25 with respect to a pending “Clean Air Act Title V Operating Permit Modification” sought by permit applicant Passaic Valley Sewerage Commissions (PVSC), Project ID # 07329, BOP 190004.

The DEP’s permit review process constitutes an “adjudicative proceeding” and “tribunal” pursuant to RPC 3.6(a) (“Trial Publicity”) and RPC 3.3(a)(1) (“Candor towards the Tribunal”), respectfully. This complaint alleges violation of these provisions of the RPC.

Specifically: 1) the EJ Law and DEP implementing regulations do not apply to the subject PVSC permit application; 2) The DEP’s Technical Guidance does not apply to the subject PVSC permit application and furthermore is guidance and therefore not enforceable even if it did; and 3) the subject DEP Administrative Order, issued by LaTourette, is not binding and enforceable as a matter of law and regulation, in terms of mandating technical permit requirements with respect to the subject PVSC permit application.

Yet despite these legal facts, DEP Commissioner LaTourette has repeatedly made false and misleading public statements that: 1) the EJ law and DEP regulations apply to the subject permit application; 2) the technical Guidance provides the substantive basis for DEP regulatory review and approval of the subject permit application; and 3) the DEP Administrative Order applies and provides the regulatory basis for DEP to issue mandatory and enforceable technical conditions in the final permit for the subject permit application.

Among the many examples of these false and misleading statements is provided in a NJ Spotlight news story on 7/19/24. That story stated, in pertinent part (emphases mine):

“DEP’s approval was made with conditions that significantly restrict how the sewerage commission would be able to use its proposed power plant. … “This is a precedent-setting action,” LaTourette said. “There are always opportunities to reduce a facilities (sic) overall pollution, and the environmental justice law requires this analysis and that that effort be made.” The newly released environmental justice approval is a key part of the DEP’s consideration of an air pollution permit application the sewerage commission first submitted for the project in 2020. That permit is required for PVSC to operate the power plant. This sort of environmental justice review, which examines how proposals for pollution impact communities and considers the cumulative impact of that proposed pollution when combined with existing pollution sources, is required under New Jersey’s landmark environmental justice law.”

There have been many other examples I could cite and reserve my right to do so.

Commissioner LaTourette is the final decision-maker in issuing final agency action with respect to the subject pending permit application.

As a lawyer and DEP Commissioner, LaTourette is fully aware of the legal and regulatory applicability of EJ law, regulation, Guidance, and Administrative Orders regarding the subject pending permit application.

In conclusion, it is unethical behavior for an attorney to knowingly mislead the public regarding the regulatory applicability and binding legal effect of NJ laws, DEP regulations, DEP Guidance documents, and DEP Administrative Orders with respect to a pending permit application that has enormous potential impacts on public health and the environment.

I am available to provide clarification or additional documentation.

Respectfully submitted,

Bill Wolfe