WolfeNotes.com

False and unsourced claim that private voluntary “local action” is more effective than government regulation

Absurd claims used to attack government regulation

NJ Spotlight should have labelled today’s story by Jon Hurdle as “sponsored content”, see:

• NEW FUNDS FOR NJ GROUPS TO COMBAT THREATS TO DELAWARE RIVER BASIN’S WATER QUALITY

I almost fell off my chair when I read this factually false and unattributed claim (written in the passive voice too):

Local action underpins the program because it is seen as a more effective response to major threats to water quality like “nonpoint” source pollution — such as runoff from parking lots — than government regulation.

Just who views “local action” as more effective than government regulation?

The incompetent ideologues at the Wm. Penn Foundation?

The Delaware watershed has benefitted from decades of nationally leading state and regional government regulation of land use and water resources – by the Delaware River Basin Commission, the NJ Department of Environmental Protection, and the Highlands Council.

The DRBC, the Highlands Act, and DEP’s “Category One” (c1) stream buffer/anti-degradation regulatory program are national models that establish the most stringent and effective land use and water resource protections in the country.  By far. Period.

Those protections dwarf any “local action” – and specifically were imposed to block irresponsible “local action”.

To appease the deep pockets at the Penn Foundation, NJ Spotlight stands this historical and legal reality on its head.

It is an outrageously false claim to say that “local action” is more effective than government regulation, and I will not let that ideologically manufactured falsehood stand.

The NJ Highlands Coalition (HiCo) did not exist prior to passage of the NJ Highlands Act, and is basically a well fed Foundation funded parasite on that Act and the Highlands Regional Master Plan.

HiCo Policy Director Eliot Ruga has a background in TV sports production, not land use planning, water resource protection, or environmental management. To rely on Ruga to support that claim is absurd.

The facts overwhelmingly demonstrate the absurd falsehood of the local action claim.

The US Forest Service Report on the Highlands led to passage of the Highlands Act. The key finding of that USFS Report was that “local action”, i.e. local zoning, would promote and allow massive development that would fragment Highlands forests, destroy critical habitat, and devastate water quality.

A simple way to consider future change would be to simply answer the question, “How much could be built today under the existing zoning and environmental constraints?” Basically, that is the question that build-out analysis seeks to answer. The analysis was expanded to include a few different future policy scenarios to demonstrate different future population distributions. …

Fragmentation and alteration of habitat continue to pose the greatest threat to the biological communities in the Highlands. The rapid expansion of urbanization encroaches on and fragments habitat, destroys individuals as well as populations, and potentially threatens the continued existence of many biological communities. Degradation of habitat by direct destruction or indirectly through pollution,erosion, introduction of invasive species, or fragmentation threatens the existence of species, diminishes natural communities, and reduces genetic variability.  ~~~ NJ/NJ Highlands Regional Study (US Forest Service, 2002)

The Highlands Act and DEP implementing regulation, strictly regulates a 400,000 acre Preservation Area, bans extension of infrastructure, prohibits any reduction in water quality, and set the strictest land use density standard in the country: a whopping 88 acre “septic density standard”.

That one regulatory protection has preserved far more Highlands region Delaware watershed land – and protected water quality from non-point source pollution – than the measly 20,000 acres of “local action”, i.e. purchased lands across the entire 4 state region, cited by NJ Spotlight:

Across the four states, the program’s land-protection efforts have included the purchase of some 19,600 acres since 2014, and an anticipated 20,000 acres in the next three years.

Just one DEP water quality regulation, the Category One buffer program which protects water quality from non-point source pollution via 300 foot wide buffers on each side of C1 designated streams, has done far more to protect water quality, habitat, and restrict land use in the Delaware Watershed than the pathetic “local action” NJ Spotlight cites:

It also works to restore land through projects like planting trees on river banks to control erosion, or building rain gardens to curb stormwater runoff and improve the quality of water-replenishing aquifers.

Remarkably, NJ Spotlight relies on “local action” along Lopatcong Creek as an illustration:

An action plan for the DRWI program in the Highlands cluster, for example, includes work on Lopatcong Creek where advocates aim to reduce pollutants by stepping up public education, using residents to monitor water quality, educating people about water use, and seeking policy change at local government level.

NJ Spotlight fails to note that in 2003, DEP designated Lopatcong Creek as a Category One (C1) “exceptional quality” stream (I worked on that designation while at DEP).

That C1 designation protects land use, habitat and water quality from pro-development local government zoning (read the DEP proposal which also designated C1 for Pohatcong Creek. A prior C1 DEP rule making designated several other Delaware River tributaries as C1 – almost all NJ tributaries downstream to Hopewell Township, Mercer County. Almost 2,000 miles of additional C1 designations, protecting over 100,000 acres of environmentally sensitive lands in the Delaware watershed. Links forthcoming.)

Those C1 State government regulatory protections have done FAR more than the “local action” the Penn Foundation supports.

And I haven’t even mentioned the DRBC regulatory role, the federal EPA regulatory oversight under the Clean Water Act, the NJ DEP water quality planning and permit programs, NJ DEP groundwater standards, permits, water allocation, and natural resource protection programs, the Highlands Council’s regulations, or federal and state water resource infrastructure investments.

Penn’s press release even mentions the Kirkwood Cohansey aquifer depletion issue (a stretch for Delaware River impacts). But the best was to address that problem would be for the Pinelands Commission to implement their own scientific findings and establish long delayed new restrictive water allocation limits to preserve ecological functions. But, no, all that is regulatory, and ignored by Penn.

The DEP’s water quality monitoring network is far more spatially comprehensive and samples for more parameters and the DEP water quality assessment is more scientifically rigorous (and has regulatory teeth) than the meager effort touted as “Highlights to date” by the Penn Foundation:

If Wm. Penn were serious, they would invest their big money in science, advocacy  and activism to export the NJ DEP C1 buffer and anti degradation program to Pennsylvania tributaries; establish a Highlands Council like regional planning entity in the long neglected Delaware Bayshore region (and include climate adaptation in its mission); and seek a moratorium of commercial logging of forests under the guise of “stewardship”.

Federal, state and regional government regulatory protections are ORDERS OF MAGNITUDE more  protective of water resources, habitat, and land use than all the private, voluntary “local action” in the entire 4 state region.

Penn Foundation can take its money and shove it.

It is a disgrace that NJ Spotlight would print such blatant falsehoods.

[End Note: NJ Spotlight reporters and the folks at Wm. Penn Foundation should read the entire USFS Highlands Report – and focus on these findings, which “local action” does nothing to influence and are directly controlled and protected by government regulation:

Christie DEP organization, personnel, and slogans still in place

Murphy policy reforms not yet developed

“Green” groups AWOL – not making public demands

Christie collaborators, rehabilitated, fill void & pitch failed voluntary local programs

[Update – 4/11/18. I stand corrected (with no apologies): Murphy DEP climate webpage is new and improved, but they still have not taken down all the Christie garbage I wrote about.

Read that page and notice that it makes no new commitments and substantively, it relies on the prior policies and programs of the Christie DEP and continues to outsource climate adaptation work to Rutgers. THAT’S STATUS QUO BS – NOT LEADERSHIP ~~~ end update]

Additional Updates below]

Thus far, after numerous campaign pledges of bold leadership – particularly on prioritizing climate change and restoring DEP’s Office of Climate policy – and promises to reform Gov. Christie’s irresponsible climate, energy and environmental policies, the Murphy Administration has not announced it’s overall climate plan to attain the emissions reductions targets of the Global Warming Response Act.

The DEP issued the legislative mandated Report on recommendations to implement the GWRA way back in 2009. That Report has fallen into a black hole.

In contrast to Murphy’s inaction, Gov. Christie hit the ground running and in his first day in office, issued a slew of executive orders to declare a regulatory moratorium (EO#1) and to provide “regulatory relief” (EO#2) and slash red tape (EO#3) and defer to local government (EO#4).

The moratorium killed, among others, the Corzine Administration’s proposed new rules on monitoring and reporting of greenhouse gas emissions.

At the same time – again in contrast to the Murphy Administration – Gov. Christie’s DEP Commissioner  – prior to his confirmation – began his dismantling agenda, including, among many other things, the abolition of DEP’s Office of Climate Change and purging of climate experts.

So lets compare that Christie/Martin aggressive agenda to Gov. Murphy and his DEP Commissioner McCabe.

In the one (see update below, it’s now two) formal climate initiative(s) that Gov. Murphy has begun to implement, i.e. rejoining the northeast State’s “Regional Greenhouse Gas Initiative” (RGGI), we hit the links on the DEP press release to review the substance and just learned that the Murphy DEP is implementing that RGGI initiative through the Christie/Martin Office of Climate Denial (which they called: “Air Quality, Energy and Sustainability”)

Read the mission of that Office and  the organizational chart and note that it does not mention climate change, renewable energy, adaptation, or the Global Warming Response Act: (but does recognize “affordable power”)

What We Do

The Office of Air Quality, Energy and Sustainability’s (AQES) mission is to evaluate, develop and implement clean, secure and resilient energy systems and sustainable environmental practices that complement our on-going efforts to ensure New Jersey has clean air and a safe environment now and for future generations. Our vision is to build a nationally recognized organization that ensures clean, reliable, safe and affordable power without sacrificing clean air and a protected environment.  Since energy generation and fuels are the primary sources of New Jersey’s continuing air pollution problems, the merging of these programs under one Office enhances and expands the effectiveness of DEP’s ability to meet its mission to preserve and protect New Jersey’s environment and the public health.

[Note: The AQES website was updated most recently on March 27, 2018, to simply include a page on RGGI, so Murphy/McCabe own it. And that simple update reveals troubling thinking – e.g. don’t make waves, don’t challenge Christie policy, and don’t think synthetically.Worse, the McCabe DEP is regurgitating the Christie Energy Master Plan goals and policies and continues the failure to even mention climate change – read this page!]

That bureaucratic silence is a form of climate denial.

But it is far more than just silence on climate science and policy.

The Christie Administration – and it’s corrupt collaborators about whom we will write in depth in a future post – have denied climate change and instead substituted the slogans “sustainability”, “reliability” and “resilience”

Those slogans provide political cover and are used to justify abdication by DEP on the planning and regulatory front and replacement of the State role by a failed voluntary, market based, and local government program that relies solely on incentives (in the form of corporate subsidies and grants to feed the collaborators).

Slogans “reliability” and “resilience” have also been used to justify an Energy Master Plan that drove a massive expansion in fossil fuel infrastructure – gas power plants and pipelines.

“Resilience” has served as the cover not only for regulatory approvals of fossil infrastructure but as a way to avoid having to address climate adaptation planning (and the reality of climate change).

[Update 4/3/18 – for an egregious example of this abuse read this “sponsored content” for nuclear power bailout, based explicitly on reliability and resilience. It reads like a rebuttal of this post!]

“Sustainability” has allowed DEP to abdicate its State responsibility and essentially outsource climate planning to private groups that promote poorly designed and demonstrably failed local voluntary solutions and taxpayer subsidized corporate incentives.

“Affordability” was used to kill off shore wind (the “cost test”) and block the expansion of solar.

Words matter. They can sharpen focus on real problems and real policy solutions or obfuscate to justify sham.

For 8 long years, non-profit groups Sustainable NJ, NJ Future, and others have collaborated with and been funded by the Christie DEP to provide these political services, support these slogans, and advocate for token and demonstrably flawed local programs (more to follow on that).

It is a disgrace that these same groups are now coming out of the woodwork and are being rehabilitated by media outlets like NJ Spotlight.

Those same groups and people are now working behind the scenes to pitch their failed policies to the Murphy Administration and DEP Commissioner McCabe.

At the same time, there is a virtual silence by the groups that are doing good work on climate and that backed the Gov. politically during the election.

We’ll post a more detailed analysis after we get past the shock and have time to collect our thoughts.

[Update: 4/4/18 – The Murphy Administration announced its second climate initiative, see today’s NJ Spotlight story: NJ TO JOIN CLEAN CAR INITIATIVE, AS EPA EASES FUEL-ECONOMY STANDARDS

So I took a quick peek at the Multi-State ZEV Task Force Memorandum of Agreement and the Action Plan – as suspected, it’s a lot more show than substance.

Not being a clean car wonk, my initial reaction was to Tweet a question to NJ Spotlight:

How does the regional compact goal of 3.3 million ZEV over the region by 2025 compare to California 15% sold in state by 2025? Is the regional pact WEAKER than California? DATA? How are goals ENFORCED?

But then I read quickly the MOU and noted this, which basically says the MOU is a market based alternative to traditional regulatory policy and is instead a corporate oriented framework with no teeth:

7. PUBLIC – PRIVATE PARTNERSHIPS The Signatory States will cooperate with automobile manufacturers, electricity & hydrogen providers, the fueling infrastructure component industry, corporate fleet owners, financial institutions and others to encourage ZEV market growth.

Similarly, the Action Plan relies exclusively on market tools (no mention of regulations, mandates, or implementation funding) and is not really a action plan at all – it is not even binding on the signatory states:

It is not intended to provide a uniform pathway for all states to follow. Each state will promote ZEV market growth in ways that best address its own needs and advantage its unique opportunities.

And there was no quantitative or comprehensive analysis to demonstrate if and how the ZEV compact program would meet the goals of the NJ GWRA. This crap from a NJ Gov. that stresses the need of “data” to evaluate performance.

We need regulatory mandates, deadlines, money and enforcement sanctions – with emissions reductions quantified and tied to GWRA goals and timetables.

We don’t need more symbolic gestures and PR, especially when the Trump EPA is dismantling the existing weak regulatory apparatus.

RGGI & voluntary measures won’t secure science based emissions reductions. ~~~ end update]

Does the Murphy Administration want “continuity” with Christie DEP Policy?

Acting DEP Commissioner McCabe missed another opportunity to contrast the Murphy Administration’s policy reform agenda with Governor Christie’s DEP policies, this time regarding private concessions in State Parks, see:

DEP INVITES EXPERIENCED VENDORS TO SUBMIT PROPOSALS TO OPERATE
CONCESSIONS AT NINE STATE PARKS AND FORESTS

It seems obvious that McCabe either: 1) doesn’t know the controversial history of the DEP’s leases and concessions program (e.g. that it was subject to several negative State audits and targeted by Legislation to mandate market based leases & concessions) or 2) she got duped again by Christie holdovers in Parks management and the press office (for background on those issues, see:

• DEP Park Funding “Plan” Can Start By Collecting the Rent
• NEW JERSEY FORFEITS MILLIONS ON PARK LEASES AND CONCESSIONS
• Christie Parks Funding Policy: Oil & Gas Pipelines and Electric Transmission Lines Get Cheap Leases, While River Tubers, Kayakers, and Boaters Pay New Fees

Does McCabe know that the Legislature mandated that DEP adopt market based lease and concessions? (see: Fair Market Value Leases for Energy Infrastructure Could Fund Park System):

DEP has failed to collect fair market value for energy infrastructure easements across state lands as required by 2008 legislation that specifically mandated the DEP submit a plan by July 1, 2009.

That law mandated that DEP:

“conduct a re-appraisal of the rents and fees charged for all residences and other buildings and structures, and for utility easements and right-of-ways, located on State park or forest lands to ensure they reflect current fair market values and will continue to do so;”

Does McCabe know that Gov. Christie had a revenue and privatization driven State parks policy (see: “Sustainable Parks Funding Strategy”).

Dos McCabe agree with all that?

Does McCabe know that the allocation of lease and concession revenue to State Parks was a huge problem with the recent Green Acres ballot question? (was it ever fully resolved in the implementing legislation?) (i.e. see the Bergen Record story: Budget Cuts Doom State Parks to Disrepair)

If McCabe did understand these policy controversies, she would have used the opportunity to include statements in that press release to distance herself from the Christie – Martin policy and make the point very clear that the Murphy Administration disagrees with those policies and does not view State parks are revenue mills and privatization opportunities.

Is McCabe being duped?

Is she just lazy?

Or does the Murphy Administration want “continuity”?

Former Fossil Industry Lobbyists Is Sabotaging Murphy Renewable Energy Goals

Role As Fossil Energy Lobbyists Creates Gross Conflicts of Interest

Today we filed a petition with NJ Gov. Murphy’s Attorney General Gurbir S. Grewal to remove BPU Commissioner Richard Mroz for gross conflicts of interest and a continuing pattern of conduct that evidences political partisanship and a lack of required objectivity, impartiality, and independence.

The petition also was filed with the State Ethics Commission pursuant to 52:13D-12 et seq, which provides these Legislative findings

The Legislature finds and declares:

(a) In our representative form of government, it is essential that the conduct of public officials and employees shall hold the respect and confidence of the people. Public officials must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

The petition was also filed with BPU President Fiordaliso:

The Board is considered a quasi-judicial body, meaning that it functions similar to a court or judge. Anyone may file a petition (or a request for action) asking the Board to consider a matter within its jurisdiction

Commissioner Mroz has both the appearance of and actual conflicts of interest (i.e. meets the ethics standard of “a justifiable impression among the public”), is biased in favor of fossil energy and against renewable energy, fails to recognize the science of and act upon climate change, and lacks independent judgment and impartiality required to fulfill his quasi-judicial role as a BPU Commissioner in accordance with NJ law, including the Administrative Procedure Act, State Ethics Act, and BPU’s enabling authority.

BPU Commissioners must have no relationship to regulated entities:

48:2-8. Connection with public utilities or governmental office prohibited

No member or employee of the board shall have any official or professional relation or connection with, or hold any stock or securities in, any public utility as herein defined, operating within this State, or hold any other office of profit or trust under the government of this State or of the United States.

The NJ Supreme Court has highlighted the importance of impartiality and objectivity in quasi-judicial regulatory deliberations:

The primary reason for establishing the Office of Administrative Law was “to bring impartiality and objectivity to agency hearings and ultimately to achieve higher levels of fairness in administrative adjudications.” Horn, 85 N.J. at 650, quoted in N.J. Civil Service, 88 N.J. at 609. Through the OAL, the Legislature intended to provide “a new system of administrative adjudication, promoting justice through uniformity and independence.”

We argue that Mroz has engaged in a pattern of conduct that fails to comply with his legal obligations in a manner that evidences bias and lack of impartiality and objectivity. Based on recent public statements regarding development of offshore wind (see NJ Spotlight, 3/1/18), Mroz persists in a biased and partisan fashion.

Mroz can not remedy his bias and conflicts via case-by-case recusals and therefore must be removed.

Commissioner Mroz served as former Gov. Christie’s BPU President and aggressively pushed a series of controversial fossil fueled pipelines and gas power plants through the BPU approval process.

He presided over BPU approvals that provided special favors to politically connected fossil fuel projects represented by the notorious criminal law firm Wolff & Samson, including subsidies, exemptions from various special charges, and secret “confidentiality agreements”, all contrary to the public interest and benefiting his former industry colleagues he represented as a lobbyist.

Mroz was a loyal Christie Lieutenant, who justified these fossil approvals as part of Gov. Christie’s Energy Master Plan, while virtually ignoring climate change and the greenhouse gas emissions reduction goals established by the NJ Legislature in the Global Warming Response Act and more specifically by NJSA 48:3-87 Environmental disclosure requirements; standards; rules.

(2)By July 1, 2009, the board shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), a greenhouse gas emissions portfolio standard to mitigate leakage or another regulatory mechanism to mitigate leakage applicable to all electric power suppliers and basic generation service providers that provide electricity to customers within the State.

Mroz also failed to implement the mandatory requirements of the Off Shore Wind Act, PL 2010, c.57:

Mroz also destabilized the solar industry during his BPU leadership.

Mroz is former gas industry lobbyist. He has a gross conflict of interest and has abused ethical norms by failing to disclose his conflicts and recuse himself from BPU decisions that benefit his former legal and lobby clients and members and associates at NJ Energy Coalition.

Specifically, Mr. Mroz was a founder, lobbyist, and senior advisor to the NJ Energy Coalition. 

Here is how Ed Salmon, the current Chairman NJ Energy Coalition describes the founding in testimony to the NJ Senate:

In August 2007, my partner Richard Mroz and I launched a new statewide organization – The New Jersey Energy Coalition. The Coalition’s focus is to provide a reliable third-party voice in the discussion on New Jersey’s energy needs. The Coalition was very involved in the New Jersey Energy Master Plan and has provided discussion and educational initiatives on energy conservation, energy efficiency, renewable energy, generation needs, and transmission challenges, to name a few.

Here is the 2007 launch press coverage – note that specific existing corporate energy facilities are mentioned, so the Coalition was far more than some generic “reliable third party voice”. They represented specific corporate interests and continue to do so. The Link to then existing NJEC is dead

Here are just some of the members of the NJ Energy Coalition, which include the law firm that represented South Jersey Gas and corporate interests in the Pinelands pipeline and BL England battles, including pipeline and natural gas companies that regularly appear before BPU and economically benefit from BPU approvals:

Cozen O’Connor: Cozen O’Connor is one of the top law firms in the country, employing over 600 attorneys in cities spanning two continents. This international firm has practices in litigation, business law and government relations.

New Jersey Natural Gas: New Jersey Natural Gas is a New Jersey Resources company dedicated to providing safe, reliable, and competitively priced natural gas services including transportation, distribution, and asset management.

NJ Petroleum Council: The New Jersey Petroleum Council is a state council of the American Petroleum Institute, that helps companies follow the status of regulatory and legislative issues impacting the oil and natural gas industries.

Orange & Rockland: Orange and Rockland is a gas utility headquartered in New York, and with its two subsidiaries serves over 750,000 people in New York, New Jersey, and Pennsylvania.

PennEast Pipeline Company: PennEast Pipeline Company is made up of six companies; AGL Resources, NJR Pipeline Company, PSE&G Power, South Jersey Industries, Spectra Energy, and UGL Industries. The company has plans to create the PennEast Pipeline that will provide customers with savings due to the reduced price of the transportation and the cost of natural gas.

Public Service Enterprise Group: Public Service Enterprise Group (PSEG) is a publicly traded diversified energy company headquartered in New Jersey, and one of the ten largest electric companies in the U.S. PSEG’s principal subsidiaries are: Public Service Electric and Gas Company (PSE&G), PSEG Power and PSEG Energy Holdings.

RC Cape May Holdings: RC Cape May Holdings is an entity formed by Rockland Capital, Energy Investors Funds and other investors in order to acquire the BL England Power Station.

South Jersey Gas: South Jersey Gas serves customers in 112 municipalities spanning over 2,500 square miles, or one-third of the geographic area of New Jersey. This service area includes all of Atlantic, Cape May, Cumberland and Salem counties and parts of Burlington, Camden and Gloucester counties. The majority of new home construction on their mains choose to heat with natural gas.

Here is Mr. Mroz’s BPU bio: note boldface:

Before becoming President of the NJBPU he worked in private practice as a lawyer and lobbyist as Managing Director of Archer Public Affairs in Trenton, New Jersey and Of Counsel to Archer & Greiner P.C., in Haddonfield, New Jersey.

Here is how Archer Public Affairs describes their work (emphasis mine):

 HELPED ENERGY CO. SUCCESSFULLY RESPOND TO CRUDE OIL SPILL CRISIS

• Represented energy company regarding multi-million gallon crude oil spill at a refinery, a high-profile event because fumes reached neighborhoods for miles around.
• Served as liaison between the company and state government regulators.
• Conducted numerous conversations, conferences and correspondence with ground-level regulatory staff and high-level elected and appointed officials, keeping them apprised of issues and progress, and relaying information to the client as needed.
• Cleanup and state inspection went smoothly; government officials appreciated easy access to updates and information.
• Importantly, about a month before the spill, the firm had arranged a meet-and-greet with state officials, a recent contact that helped immeasurably during the emergent situation.

Here is “Sourcewatch” database on the NJ Energy Coalition which cites the group’s website:

Leadership

From the group’s website: [16]

• Dr. Edward H. Salmon, chairman – He also founded Salmon Ventures, “a strategic consulting firm based in New Jersey.”
• Richard S. Mroz, senior advisor – He “served as Chief Counsel to Governor Christie Todd-Whitman and was responsible for legislative affairs, negotiating the state budget, and advising the Governor and legal and policy matters. He also served as the Governor’s counsel and liaison for the state’s largest independent authorities including the Turnpike Authority, Water Supply Authority and New Jersey and the Environmental Infrastructure Trust.”

We urge our former colleagues in the NJ public interest community to join in our petition or file their own.

Christie Holdovers Now Openly Sandbagging Murphy’s Policy Commitments

No appointments in place at DEP, Highlands and Pinelands

Senator Sweeney’s Mole as Chief of Staff at DEP

What the hell is going on?

One way President Trump is radically dismantling government is by failure to make appointments to fill vacancies at key federal agencies: see NPR, “Hollow government by design” (a variant of Grover Norquist’s strategy of drowning government in the bathtub) and by appointing incompetent, unqualified, ideological hacks, and/or industry lobbyists to key policy positions (think EPA’s Scott Pruitt).

[Update 3/7/18 – Echoing the point I made above, today Propublica released this bombshell on Trump appointments, see:  Meet the Hundreds of Officials Trump Has Quietly Installed Across the Government , Fine minds do think alike, but some get ignored. ~~~ end update]

Something similar but not quite as extreme is happening in NJ due to inaction by Gov. Murphy.

He seems unwilling or incapable of getting his own people (or good people) in office and purging Gov. Christie’s holdovers who are sabotaging his agenda.

NJ Spotlight reports today that Gov. Christie’s BPU President and former fossil energy industry lobbyist Richard Mroz and patronage BPU appointment Dianne Solomon are openly sabotaging Gov. Murphy’s renewable energy commitments on wind.

[Clarification: a reader notes that BPU Commissioners enjoy 6 years terms and Mroz and Solomon have at least a year to go – thus Murphy can’t replace them. But that doesn’t absolve Murphy for DEP or Highlands or Pinelands inaction, or agreeing to Sweeney’s aid as DEP Chief of Staff, or not moderating Mroz & Solomon’s overtly partisan attacks. All are signs of weakness or lack of resolve. In contrast, I never recall Democratic appointee go along to get along Joe Fiordaliso attacking Gov. Christie policies. Or Democrat Commissioner Chivukula. Dems roll over again and again.]

Mroz threw an economic monkey-wrench into Murphy’s wind policy – the same rationale he used to kill  wind for 8 years. Spotlight reported:

BPU Commissioner Richard Mroz cautioned about those costs.

“As of this day, we have no foundation to know what offshore wind will cost,” said Mroz, who during a stint as agency president under Christie took no action to push the technology forward, nor the regulations to finance the offshore wind farms. “In the future, we will confront very tough decisions to make.”

Republican Solomon – wife of Lee Solomon, Gov. Christie’s climate denying first BPU President  and NJ Supreme Court pick– piled on: (Spotlight)

Fellow BPU Commissioner Diane Solomon agreed. Referring to offshore wind, Solomon, a fellow Republican, said: “It must be economically competitive and benefit ratepayers. It’s prudent to move ahead cautiously.”

And we predicted that Gov. Murphy’s BPU President, go along to get along “Pipeline Joe” Fiordaliso, would not be a leader at BPU. Latest evidence: check out this equivocation that inspires zero confidence in BPU’s ability to deliver on Gov. Murphy’s commitments:(Spotlight)

I believe we have a moral obligation to mitigate the effects of climate, change,” Fiordaliso said. “Will we be successful? I don’t know, but we won’t be if we don’t try.”

No timeframe

But Fiordaliso declined to project a timeframe for how long it would take to develop the regulations, nor the strategic plan for offshore wind.

What the hell is going on?

That open sandbagging and flaccid “leadership” prompted me to followup on a prior post about Senator Sweeney’s block on confirmation of Murphy’s DEP Commissioner, and McCabe’s own first mis-step in selection of her Deputy Commissioner .

The current reality is actually worse than I imagined.

I)  Let’s first look at DEP

Aside from Deputy Commissioner mis-step, Acting Commissioner McCabe’s only other personnel decision was installing Eric Wachter as Chief of Staff Government/Legislative Affairs. That’s actually worse than Debbie Mans.

Mr. Wachter is a policy lightweight – he has zero environmental science, law, or policy background or advocacy experience.

He was an administrative gopher and loyal paper pusher for Lisa Jackson at DEP and US EPA.

Worse, Wachter is a Sweeney mole. As Insider NJ reported on August 29, 2017:

Senator Sweeney also announced the hiring of Eric Wachter as a Deputy Executive Director in the Senate Majority Office.

“Eric brings experience at both the state and federal levels to the position and has the knowledge and background to hit the ground running. I know he will make a great addition to the Senate Majority Office staff and am pleased to have him join our team,” said Senator Sweeney.

…  Wachter earned a bachelor’s degree in political science and a master’s degree in nonprofit administration from the University of Notre Dame.

In addition to two bad personnel decisions, Acting Commissioner McCabe has not named her own management team.

There also are several Christie Administration “regulatory relief” policy Offices and political patronage appointees of “culture change” Bob Martin that remain at McCabe’s DEP, including: (these are just a few of the political appointees. And Bob Martin’s entire DEP management team and many lower level loyalists are still in place):

1) Bob Bostock – a former Christie Whitman hack and still head of Murphy DEP Commissioner’s Communications Office.

2)  Lawrence Hajna – still spinning the science and downplaying risks at Murphy DEP Press Office

3) Raymond S. Papperman – Martin patronage appointment and still working in McCabe’s Commissioner’s Office.

4) Bob Martin’s Office of Economic Analysis, headed by Director Ben Witherell, still advocating Martin’s policy that DEP’s mission includes promotion of economic development and Christie’s cost benefit analysis policy under EO#2.

There have been no public statements or mention of any DEP reform priorities or new policy initiatives.

II)  Let’s Look At Executive Orders

Worse, while Gov. Murphy has found the time to issue a series of hollow symbolic Executive Orders on promoting wind (just sandbagged by his BPU!), rejoining a lame RGGI – with a rhetorical EJ policy too – and another that establishes a Council on Economic Advisors that elevates the role of economics and undermines DEP’s role in climate, energy and water resource infrastructure policy, there are several really bad Executive Orders by Governor Christie that remain in place, including Executive Order #2 (“regulatory relief”; cost benefit analysis, and federal consistency policies) and Executive Order #3 (slash “job killing red tape”).

III)  Don’t Forget Appointment Powers – MIA at the Highlands and Pinelands

Finally, there has been no action by Gov. Murphy to deal with Gov. Christie’s horrible appointments at the Highlands Council and Pinelands Commission, including removal and replacement of Executive Directors Wittenberg and Nordstrom.

Like I said: What the hell is going on?