WolfeNotes.com

Steal Money From Existing Environmental Programs To Fund Pet Projects

Give Green Cover To Corporations, The Wealthy & Politicians Who Serve Them

Cannibalism is the act of consuming another individual of the same species as food…. Human cannibalism is well documented, both in ancient and in recent times ~~~ Wiki

Let me first briefly set the context for the point I want to make about another egregious abuse by what I will call The Green Cannibals of Trenton (TM) – AKA The Green Mafia.

For 40 years, since the Reagan administration, corporations and the wealthy have benefited from a set of policies known as Neoliberalism; e.g. tax cuts for corporations and the rich (AKA “trickle down”), corporate subsidies, deregulation, privatization, “liberalization” of trade policies (AKA “globalization”), financialization, deindustrialization, disinvestment, attacks on unions, and austerity for the public sector (AKA as “make government small enough to drown in the bathtub”).

These policies have resulted in a huge transfer of wealth from the poor and middle class to what is commonly known as the “1 percent”. These policies have created the largest wealth and income inequality and concentration and consolidation of corporate economic and political power since the Gilded Age.

At the same time, social safety net programs have been slashed and government – particularly its regulatory functions – has been neutered.

Those massively destructive Reagan initiated national Neoliberal policies have been emulated in NJ, by both Republicans and Democrats.

We can observe those policies in action with respect to environmental programs and the DEP, perhaps most clearly under the “Open For Business” Whitman and Christie administrations, who both waged war on environmental programs, slashed DEP’s budget and staffing levels, rolled back and/or abandoned regulatory enforcement, and privatized and deregulated.

At the same time, climate science has made it imperative that we undertake a massive transformation of our energy and economic systems, make huge new investments in public infrastructure, and greatly reduce economic and political inequality and injustice.

So, with this policy context in mind, how has the mainstream NJ environmental community and their corporatized Foundation Funders responded to these multiple crises?

• They have completely ignored corporate power and economic inequality – and taken steps to actually increase it.

• They cynically have paid lip service to what has become merely a slogan known as “environmental justice”.

• They have compromised and sold out on climate and energy programs, by supporting piecemeal, small bore, deeply flawed, and ineffective market based programs that won’t make a dent in greenhouse gas emissions.

• They supported strict numeric caps on renewable energy that make it impossible to achieve their stated clean power and climate goals.

• They supported the $300 million/year corporate PSEG nuclear bailout.

• They have gone along with even more crippling budget and staff cuts at DEP.

• They supported a sham cost-benefit test that blocks expansion of renewable energy.

• They have lied to and misled the public.

• They have promoted privatization and/or deregulation, or failed to challenge it.

• They have formed corporate partnerships – including one with Donald Trump and Wall Street billionaire Peter Kellogg and Walmart – and supported sham logging projects on public lands and dirty deals with Christie.

• They cut self serving corrupt corporate “mitigation” deals.

• They have given the Murphy DEP a pass for failing to regulation GHG emissions.

I have written in depth about and can provide numerous specific examples of all of the above, but that would make this already lengthy post far too long (hit the links above – I’ll try to link more).

So, with all that in mind, let me explain the justification for the Green Cannibals meme.

Readers will recall the following recent actions by the Green Cannibals:

• The Keep It Green (KIG) Coalition stole hundreds of millions of dollars previously Constitutionally dedicated to DEP clean water, State Parks maintenance, and toxic site cleanup programs. They diverted these funds to the Open Space program. On top of this theft, they lied to the public about all this and engaged in self dealing by allocating funds to support their own organizations.

• The recent electric car legislation stole $300 million from funds previously earmarked for greenhouse gas emission reduction programs (RGGI) and energy efficiency and low income energy assistance programs (Clean Energy Fund – SBC).

Now, after all these thefts, they are again trying to steal money from environmental programs instead of fighting for new revenues and equitable sharing of the burdens of funding these programs.

Specifically, I just learned that for their first hearing of the new legislative session, on Monday the Senate Environment Committee will hear legislation S864 – a bill that:

Did you get that? Here’s the legislative text (see page 11)

in each of the first three years after the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), $500,000 of the estimated annual balance of the Clean Communities Program Fund shall be appropriated to the department and made available on July 1 of each year to the organization under contract with the department pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) for the Statewide public information and education program developed pursuant to subsection b. of section of section 8 of P.L. , c. (C. )(pending before the Legislature as this bill).

The Green Cannibals are proposing another act of cannibalism on a very popular and effective DEP program known as “Clean Communities“, a program designed to:

To provide financial assistance for the implementation of litter abatement programs in eligible municipalities and counties within the State. …

All 21 New Jersey counties and 558 of the 565 New Jersey municipalities receive funding

Note that the Green Cannibals – just like in the Open Space and Electric vehicle thefts – are not supporting an increase in the tax that funds the current clean communities program in order to fund their pet program.

If the plastic program is important, then it should be funded with new revenues, not existing revenues. Like how about a tax on the polluters who make all the plastic crap?

The cannibals – or are they parasites? – must be stopped before they do more damage.

Privatization And Corporate Subsidies Again Discredited

Stealth Attempt To Ram Major Controversial Bill Through Lame Duck Fails

NJ Gov. Murphy just pocket vetoed a very bad bill we – after listing a litany of abuses – called “an egregious example of a rigged system“.

It would have been a mind boggling example of hypocrisy for the Gov. to have signed that bill into law, given his Executive Orders (i.e EO #3 and EO #52), the findings of Gov.’s own Taskforce, and all the criticism he’s correctly given to EDA “corporate financial incentive programs”, which he himself called part of a “rigged system”.

It is a huge embarrassment for the bill’s sponsors, especially Senator Sarlo and Senate President Sweeney, who tried to ram this bill down our throats in the lame duck session.

Thankfully, sometimes good public policy and the public interest prevail over the corrupt private greed in Trenton.

Remarkably, although I did not confirm this by listening to the tapes of the legislative testimony, I was told that the bill faced virtually no opposition by environmental, energy and climate groups, not even the usual vocal opponents of privatization, like Food and Water Watch.

Heckofajob, all you foundation funded Democratic Party cheerleaders and cowards!

Even worse than the ENGO”s being AWOL, NJ Spotlight ran a very favorable puff piece, just as the bill quietly made its way through the lame duck session, including passage by both houses on the last day of the lame duck session.

Clearly, NJ Spotlight was cheerleading for corporate sponsors and not reporting in the public interest when they wrote this set up story on January 13, 2020, just 9 days ago:

• Private Sector Poised to Get Go-Ahead for Investment in NJ Public Energy Projects

I guess the private sector and NJ Spotlight were not poised in anticipation of the Gov.’s veto!

So, it was no surprise that today, NJ Spotlight buried Murphy’s pocket veto in their story and euphemistically described the bill as designed to “promote private investment in government energy projects” – note how the use of the word “government” energy projects dampens the privatization aspects.

NJ Spotlight plays the same dishonest game by again downplaying the privatization issue, when they report on another lame duck bill on recycling used paint that was pocket vetoed by the Gov. That bill effectively was an attempt to privatize what had previously been a public responsibility and program managed by County and local governments, but NJ Spotlight described it thusly:

Murphy’s vetoed bills included one (A-4382) that would have established a statewide program to recycle and reuse paint

Note how NJ Spotlight makes no mention of the fact that the bill – as they reported in another puff piece quoting Dennis Hart of the NJ Chemistry Council in support – was another privatization bill.

We originally flagged and criticized this ALEC energy privatization bill almost 7 years ago, see:

• ALEC Energy Industry Model Bill Passed By NJ Assembly, Sponsored by Democrats

So, my question to NJ ENGO’s, the liberal NJ foundations who fund them, and NJ Spotlight is:

How they hell did you miss this bill?

I’m out here in the wilderness of the Sonoran desert and I flagged this.

Or were you aware of the bill and were too cowardly or incompetent to oppose it publicly?

Nuclear Bailout Got New Money That Increased Electric Bills, But Not EV’s

NJ Spotlight Again Makes Huge Fact Error In Reporting

I never intend to adjust myself to economic conditions that will take necessities from the many to give luxuries to the few, and leave millions of God’s children smothering in an airtight cage of  poverty in the midst of an affluent society. ~~~  Dr. Martin Luther King, Jr.,  1967 – quoted here

I previously wrote about why I think the electric vehicle legislation that Gov. Murphy will sign today is flawed, see:

• Electric Vehicle Advocates Risk Backlash By Ramming Through Regressive Funding Bill In Lame Duck

• NJ Electric Vehicle Campaign Is An Astroturf Operation Driven By Corporate PR

Aside from the lame duck and process issues, the law is deeply regressive and very likely – just like the current NJ “California Car” law and complex credit scheme– will fail to meet it’s goals due to a lack of adequate funding, the absence of enforceable mandates, and no enforcement provisions and/or sanctions for failure to meet the aspirational goals for the number of EV’s on the road. 

(and the bill does nothing to reduce the proliferation of internal combustion engines, or the huge growth in vehicle miles traveled, or otherwise guarantee reductions in greenhouse gas emissions from the transportation sector. It is likely that more economic growth and sprawling land development (and redevelopment) that Gov. Murphy is pushing and his DEP is permitting will stimulate more truck & car travel, leading to more cars & trucks on the road, traveling more miles, and emitting more GHG’s that will more than offset the avoided growth in GHG emissions (not emissions reductions) from the small fleet of EV’s, leading to a continuing increases in GHG from the transportation sector, even if the numerical EV goals of the law are met, which is unlikely. Similarly, there are no mandates that an EV displace an internal combustion engine. There are no mandates addressing land use and transportation, or for reducing trips and VMT, or enhancing and expanding public transportation (other than a slow conversion of the NJ Transit bus fleet.) For every EV sold, 3 or more internal combustion vehicle should be retired. EV charging stations should be mandated. But there are no plans for any of these necessary actions even on the table. The EV program under this bill won’t make a dent in GHG emissions from the transportation sector, which will continue to grow. Yet the law is being wildly praised by all the usual sycophants.).

We’re not gonna slow the climate catastrophe and transition to a zero carbon economy on aspirational goals, voluntary measures, market based solutions, corporate subsidies, “incentives”, and diversions of existing funding – which is what this EV bill epitomizes.

(and just like the recent Open Space scam – which created no new funds but instead diverted existing DEP clean water, State Parks, and toxic site cleanup money – the EV law diverts existing climate (RGGI) and low income energy assistance money (SBC)).

So for today, I just want to make one important point and correct another egregiously misleading story and major fact error about the EV law that was reported in today’s NJ Spotlight story.

As I have written, NJ Spotlight is obsessed with the so called high costs of and subsidies to renewable energy, and their alleged impact on ratepayers. Business sources are repeatedly quoted criticizing these alleged high costs. However, Spotlight rarely – if ever – publishes the benefits and subsidies to fossil, or the actual costs on individual ratepayers. That’s because, as I’ve noted, these costs are often paltry, while the climate catastrophe costs are so huge as to be incalculable (but the social costs of carbon have been quantified and estimated).

For example, the RGGI program costs a typical residential customer something like 50 cents per month  – while RGGI and solar cost about $1.05/month, according to the Christie Energy Master Plan.

Similarly, in a recent story about the Atlantic City Electric proposed EV program, after expressing major concerns about “a significant issue given the cost customers will have to absorb in shifting to a clean-energy economy”, Spotlight reported the actual cost:

Atlantic City Electric said the cost of the program, if approved by the BPU, will be paid by a delivery charge on customers bills — roughly 54 cents a month for the typical customer.

Do you think 54 cents per month is a “significant issue”?  (compared to other monthly expenses and the costs of climate catastrophe).

Repeating that misleading reporting about costs, today Spotlight falsely claims that the EV program will be funded by new revenues and ratepayers will see an increase in electric bills:

For ratepayers, the legislation will add another $300 million onto their monthly bills over the next decade to provide generous rebates of up to $5,000 to consumers who choose to purchase electric vehicles.

That is blatantly factually false and totally misleading.

In fact, the law provides no new money and appropriates no new money.

Instead it diverts existing money from existing revenues to fund the $300 million – 10 year rebate program, funds that are collected under the Regional Greenhouse Gas Initiative (RGGI) and via the Societal Benefits Charge (SBC).

The EV law includes provisions that anticipate that there could be future new revenues from 2 sources: legislative appropriations and a new special surcharge on electric bills established by BPU to fund the EV charging infrastructure.

But that money is NOT – repeat NOT – established by the law nor mandated by the law. There is no legislative appropriation, the entire $300 million EV rebate program is paid for via diversions of existing funds, and BPU “may” but is not required to increase rates in the future to pay for the charging infrastructure.

The Office of Legislative Services’ Fiscal Note on the bill confirms those claims:

Legislation establishing “indeterminate revenues” is not a serious policy and certainly is not the way to achieve billion dollar investments required to make the transition to a zero carbon economy.

So let’s break this down further.

NJ Spotlight’s claim that the program will be funded at a level of $300 million over a decade is correct.

But, Spotlight fails to call that expenditure an infrastructure investment – which is misleading – and worse, goes on to falsely claim that it is “another” new charge paid by ratepayers.

Let’s be clear: Section 14 of the law provides:

b. The board shall implement the rebate program until June 30th of the 10th year after the rebate program begins, or after $300,000,000 in rebate disbursements have been paid from the fund, whichever occurs first.

But the source of funds for that $300 millions is NOT new revenue. As the OLS Fiscal Note states:

According to OLS, BPU is required to allocate $30 million/year from RGGI and SBC funds. That $30 million/year diversion accounts for 100% of the $300 million funding for the rebate program. The rebate program is fully paid for. From existing RGGI and SBC money. No new money. No rate increases to pay for it. NJ Spotlight is full of crap.

In contrast to this mandate to divert exiting money, But BPU is merely authorized – but not required – to create additional new funding sources to pay for other EV incentives, like home and roadway and other charging stations.

The text of the law makes that very clear. Section 16 of the law established 3 sources of revenues:

16. (New section) a. There is established in the Department of the Treasury a special, nonlapsing fund to be known as the “Plug-in Electric Vehicle Rebate Fund,” also referred to as “the fund.” The fund shall be administered by the State Treasurer and shall be credited with:

(1) moneys deposited by the Board of Public Utilities pursuant to this subsection for the purposes of the fund;

(2) moneys as are appropriated by the Legislature; and

(2) (sic) any return on investment of moneys deposited in the fund.

The board may deposit into the fund moneys received from the societal benefits charge established pursuant to section 11 of P.L.1999, c.23 (C.48:3-60), moneys made available to the board pursuant to the implementation of the Regional Greenhouse Gas Initiative and P.L.2007, c.340 (C.26:2C-45 et seq.), and moneys available from other funding sources as determined by the board.

The RGGI and SBC money is earmarked for, among other things, low income energy assistance and other programs that are supposed to reduce greenhouse gas emissions.

So, Gov. Murphy is robbing Peter to pay Paul – taking money out of one pot of funds designed to reduce greenhouse gs emissions and diverting it to another pot of money designed to reduce greenhouse gas emissions.

But even worse, robbing Peter in Newark is taking money from low income energy assistance programs, while paying Paul in Tewksbury to buy a new Tesla.

In contrast, the nuclear bailout benefitted from new ratepayer money that increased electric bills, and merely to guarantee PSE&G’s corporate profits

Diversion of existing funds is NOT how were are going to finance the multi-billion dollar investments required to transform to a zero carbon economy.

And we can’t finance the program on the backs of poor and working class people.

Gov. Murphy Urged To Veto Corrupt Lame Duck Special Interest Bill

Tax breaks, eminent domain, fossil subsidies, exempt from bidding & OPRA

“We are not just dealing with a broken system; this is a rigged system,” Murphy, a Democrat, said at a Trenton news conference. “This was designed by special interests to benefit special interests.” ~~~ Gov. Murphy decries ‘rigged system’, pledges to veto legislation extending controversial tax programs (Philadelphia Inquirer)

Just months after Gov. Murphy issued Executive Order #52 “to conduct an in-depth examination of the deficiencies in NJ’s tax incentive programs” and the Gov.’s Task Force on EDA Tax Incentives issued its scathingly critical Report on what Gov. Murphy has called a “rigged system”, the NJ Legislature has poked a finger in the Gov.’s eye and passed a bill [A4535 [2R]–S2958[2R] that is an egregious example of exactly what the Gov. called a “rigged system”.

Before I get to the numerous major flaws in the bill – which is now on the Governor’s desk – let’s first hit the highlights of the Gov.’s Executive Order and Task Force Report.

I will then show how the energy privatization bill repeats exactly the same abuses that the Governor lambasted, e.g. a “rigged system” designed by and for the economic benefit of special interests.

EO#52 harshly criticized NJ tax incentive programs (plural):

The Gov.’s Task Force Report further documented these abuses, concluding:

• Special interests, which prioritized benefits to private parties rather than the State, had a significant impact on the design of statutes and regulations;

• The EDA did not have adequate procedures in place to ensure that it discovered relevant information, including applicant misstatements the would have led to rejection of some applications or a significant reduction in the amount of awards;

The corrupt “rigged system” promotes corporate profits over the public interest by ceding control of drafting tax incentive policy (AKA corporate subsidies), legislation, regulations and EDA oversight to private corporate interests, who literally write their own ticket.

This is not just about one or two tax incentive programs administered by EDA – the EDA has been discredited as an institution and the entire concept of tax incentives and corporate subsidies has been exposed as a fraud.

NJ Policy Perspective’s Report expands on these corrupt flaws and recommends reforms:

Reining in Corporate Tax Subsidies: A Better Economic Development Playbook for New Jersey

… by removing oversight safeguards and caps on awards, the economic development legislation enabled an unprecedented spike in corporate tax breaks with questionable benefits, depressing future tax revenue for years to come. Today, New Jersey is a national outlier in both the size of its corporate subsidy awards and how little the state receives as a return on its investments.

Now with this context of extreme abuse in mind, how is it even possible that the NJ Legislature just passed a bill – [A4535 [2R]–S2958[2R] – that would create another new huge corporate subsidy program, via tax breaks, and administered by the EDA?

Never mind the fact that the energy bill gives short shrift to climate change and would subsidize fossil energy production.

Never mind the fact that the energy bill ignores Gov. Murphy’s soon to be released Energy Master Plan and is “policy neutral” with respect to fossil versus renewable energy.

Never mind the fact that the energy bill is based on model legislation drafted by the right wing American Legislative Exchange Council and has floundered in the legislature for at least 6 years.

Never mind the fact that the energy bill would authorize private corporations to *benefit from the exercise of eminent domain authority, similar to the issue Gov. Murphy’s Attorney General Grewal has litigated in the PennEast pipeline case.

Never mind the fact that the energy bill would exempt the program from the Open Public Record Act, thereby destroying transparency and accountability and frustrating the ability of the public and media to oversee the program.

Never mind the fact that the energy bill would exempt private corporations and government from complying with open competitive public bidding laws, likely leading to gross financial ripoffs and other pay to play corruption.

Never mind that the energy bill could exempt billion dollar energy projects from local property taxes and payments in lieu of taxes (PILOTS). (I wonder if local governments are aware of this? Or NJ’s local taxpayers – who pay the highest property taxes in the country – are aware of this?

Never mind the fact that the energy bill, by classifying these projects as an “essential government function”, would over-ride NJ’s local home rule land use traditions and restrict local governments’ ability to protect local public health, safety and welfare.

Never mind the fact that the energy bill would divert millions of dollars from the Regional Greenhouse Gas Initiative (RGGI) Climate Solutions Fund, revenues that are targeted at reducing greenhouse gas emissions.

Never mind the fact that the energy bill would create all the problems associated with privatization of critical public infrastructure, including putting private profits over the public interest, consumer ripoffs and expanding corporate control.

Never mind the fact that the energy bill lacks any cost containment policies or mechanisms, like caps on energy capacity, economic costs, limits on total subsidies or corporate CEO or executive compensation, or requires that projects pass a cost-benefit tests.

Never mind the fact that the energy bill’s privatization of energy infrastructure conflicts with Gov. Murphy’s “community solar” program and would undermine the emergence of public power and preclude democratic community control of a critical public utility.

Never mind the fact that the energy bill repeats all the same mistakes of NJ’s deregulation of the solid waste industry (i.e. the 1985 “McEnroe” “negotiated procurement” law that eliminated BPU public utility regulation of garbage incineration) and NJ’s 1999 Energy deregulation law.

Never mind the fact that the energy bill lacks effective regulatory oversight and enforcement mechanisms.

Never mind the fact that the energy bill relies on a slogan and makes a sham argument about “resilience”.

Never mind the fact that the energy bill was rammed though, without debate, on the last day of the Lame Duck session.

We can ignore ALL THAT ABUSE.

The mere fact that the Legislature passed another corporate tax break program and housed it in EDA just months after EDA’s corporate tax break subsidy programs were exposed as a massive fraud, is sufficient basis for Governor Murphy to veto the bill.

This is the worst bill I can recall over a 35 year career in Trenton.

If Governor Murphy can’t veto this bill, then he is either part of the corruption or completely politically powerless.

[End Note: Does NJ Gov. Phil “Rigged System” Murphy even know that his own greenhouse gas plan allocates 60% of total funds (about $60 million/year) to EDA for grants, the same policy he has lambasted? See:

NJ Gov. Murphy’s RGGI Funding Plan Will Subsidize Fossil http://wolfenotes.com/2019/10/nj-gov-murphys-rggi-funding-plan-will-subsidize-fossil-threaten-nj-forests/

Of course, perhaps the Gov. supports his Democratic Party’s prior legislation to privatize NJ’s toxic site cleanup program and more recently promote privatization of local water and sewer infrastructure.

In that case, he may have green lighted this bill and will sign it. Time will tell. We are watching.

* revised – clarification of original

Six Years After Historic Tie Vote, Zombie Pipeline Is Still Alive

South Jersey Political Machine Refuses To Abandon Pipeline

The Commission’s failure to act makes a mockery of Governor Murphy’s energy and climate policies and invites litigation as well.

The bizarre saga of the proposed South Jersey Gas pipeline through the Pinelands continues.

The latest debacle was as if pipeline champion Senate President Sweeney – Boss George Norcross’ puppet – was in the shadows twisting arms and lawyers from South Jersey Gas were whispering in the ears of certain Commissioners.

It was equally obvious that Governor Murphy lacks the political will and/or the political power to implement his so called climate policies and transition to renewable energy.

In contrast to Gov. Christie, who aggressively strong armed this pipeline through BPU, DEP and the Pinelands Commission approvals, Gov. Murphy is a eunuch. Here’s what went down:

Exactly 6 years to the day after the infamous deadlocked 7-7 vote that rejected a proposed Memorandum of Agreement (MOA) to approve the pipeline, at their Friday (1/10/20) meeting to kick off a new decade, the Commission failed to muster the votes to put the final nail in the coffin of that pipeline.

After extracting concessions that neutered a prior strongly worded April 2019 draft Resolution that explicitly deemed the pipeline inconsistent with the Comprehensive Management Plan (CMP) and “invalid”, pipeline supporters on the Commission betrayed their prior compromise and shifted gears to instead oppose the compromise Resolution.

You can watch the latest embarrassment – public testimony starts at time 41:30 and the Commission’s deliberations start at time 50:00.

Commissioner Lohbauer, who opposed the pipeline, was unable to secure votes to pass the stronger April version of the Resolution. He then negotiated what he, Executive Director Wittenberg, and Commissioner Avery described as a “consensus” compromise Resolution.

But the so called “consensus” resolution only secured 3 votes in favor and was defeated (3 YES, 6 NO). [Correction: The Vote was 4 YES, 5 NO. Sorry about that!]

It was an egregious example of bad faith by the pro-pipeline faction.

Commissioners hid behind all kinds of smoke screens to rationalize and mask their support of the pipeline, as they voted to oppose a compromise, watered down, and vague Resolution.

But Commissioner Earlen, former Chairman appointed by Gov. Christie who aggressively championed the pipeline, was more honest. He said:

This Resolution does nothing. It does not rescind the application It does not revoke it. It does not terminate it.

Commissioner Earlen opposed the Resolution, stating he opposed any Resolution because it was not the role of the Commission, but rather the Executive Director. But he tipped his hand when he said it did a “disservice” – obviously he meant to South Jersey Gas.

Commissioner Christy was equally disingenuous. He spewed drivel that he had never seen a Resolution that rescinded a prior Resolution. He fails to understand that a “Resolution” is the Commission’s procedure for issuing what legally are regulatory approvals.

Of course a regulatory approval can be revoked, but must be revoked via formal procedures, the same that were used to issue the approval, in order to satisfy basic due process concerns. This is why the Commission can not rely on Executive Director Wittenberg’s April 2019 letter to SJG.

Executive Director Wittenberg obfuscated and manipulated again, by conflating the requirement to submit a completely new application and conduct a de novo review by the Commission and public, versus an amendment to the existing approval where the Commission and public have very little effective power. She said:

No way they (SJG) can do this without coming back in (before the Commission).

Wittenberg obviously knows that the real issue is under what regulations, standards, and procedures they come in under.

Chairman Pricket let the cat out of the bag and stated that the Attorney General’s Office, in anticipation of litigation, advised him that Commissioners should make a public statement on the intent of their vote in order to create a public record, because of flaws and lack of clarity in the Resolution itself.

The Court remanded the SJG prior Commission approval back to the Commission.

The Commission has failed to act, thus the prior Commission approval stands, as well as prior DEP and BPU approvals.

The failure to act keeps the door open for SJG to amend the application to provide a different rationale, to sell the approval, or to secure another owner or otherwise revise the BL England re-powering plan. And keep in mind that service to the BL England plant and capacity was not the sole or exclusive basis upon which the Commission approved the pipeline: there were the Cape May redundancy, “resilience”, and capacity to serve new growth in gas demand rationales.

Plus, natural gas exports are now expanding, and an approved pipeline connecting the fracked wells of Pennsylvania and an Atlantic Ocean port is an extremely valuable asset.

That’s why South Jersey Gas is still bullish on the project and misleading shareholders and investors about it.

Failure to act makes a mockery of Governor Murphy’s energy and climate policies and invites litigation as well.

What an awful start to a new decade.