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Irresponsible Neglect Continues – Northern Portion of Island Overcome By Weeds 

Bulls Island – view from the boat launch, which is open

On March 19, 2016 we visited Bulls Island to see if anything had been done since our last visit to prepare the place for the spring season and open it to the public for passive recreational uses as a natural area.

DEP promised to develop a plan to restore and reopen the northern portion and received approval of the D&R Canal Commission to demolish buildings and remove infrastructure back in November of 2014.

We have not attended D&R Canal Commission meetings in awhile, so don’t know the current status of DEP’s park planning, but we saw no evidence of any progress on the ground.

[Update #2: John Loos, Vice Chair of D&R Canal Commission tweets that Bulls Island was on the March 16 agenda:

DRCC discussed at last meeting. Trying to push DEP to come forward with plan to reopen. I expect report at April meeting. ~~~ end update]

Way back on December 18, 2013, the D&R Canal Commission rejected DEP’s original insane plan to clearcut the northern portion of the island in response to the tragic death of a camper back on June 28, 2011.

Despite that fact, the DEP Bulls Island website has not been updated and continues to claim that the clear cutting plan is under development. There is no mention of the D&R Canal Commission’s rejection of the original DEP plan, or of DEP’s promise to develop another plan, or of the Canal Commission’s approval of DEP’s demolition plan. And there is no pledge or schedule to re-open the place.

This is a totally unacceptable situation.

[Update #1: my friend Scott Olson got the underlying cause exactly right, recalling and capturing the essence of the Keep it Green fraud in a series of tweets I had to share:

Again we were disgusted by the neglect we saw. The feel of abandonment was eery. See captions.

picnic benches rot

this is eerily reminiscent of Chernobyl style abandonment

DEP promised to demolish infrastructure and buildings. No progress to date.

ugly scar remains from where DEP illegally bulldozed riparian vegetation and disposed of sediments and waste along river. DEP’s restoration plan to USACE is a failure.

large sycamore down in river. We saw about 15 trees down, about 5 were sycamore. Almost all large trees slated for cutting remain standing.

fire rings rust

no respect for the dead – campsite where tragic accident occurred still remains untouched. I can’t imagine what the family must still feel and think about this. I was reluctant to post it but felt public should know.

Reform Faction Must Seize Control of Policy Agenda & Rein In Executive Director’s Power

We make the road by walking. ~~~  Paulo Freire

The Pinelands Commission switched their regular Friday meeting day to Thursday in respect of Good Friday, so lets begin with a Biblical metaphor.

Executive Director Wittenberg is so cynical that she threw her newest professional staffer to the lions, as a tactic to manipulate the Commission and the public.

The Torches of Nero, by Henryk Siemiradzki.

… they deserve the name of faction who conspire to bring odium on good men and virtuous, who cry out against innocent blood, offering as the justification of their enmity the baseless plea, that they think the Christians the cause of every public disaster, of every affliction with which the people are visited. If the Tiber rises as high as the city walls, if the Nile does not send its waters up over the fields, if the heavens give no rain, if there is an earthquake, if there is famine or pestilence, straightway the cry is, “Away with the Christians to the lion!” ~~~ “Apology”, c. 40 ~~~ Tertullian

That’s harsh, so let me explain.

Everyone knows that the most controversial and pressing issues now before the Commission are the destruction of the Pinelands resources by motorized vehicles (not just the “Mudders” and not just in Wharton State Forest), the NJNG and SJG pipelines, and the need to restore the Commission’s independence and integrity (for a sense of that challenge, see the recent Philadelphia Inquirer editorial: “Christie bullied Pinelands panel to get his way”)

For a sense of exactly how current these issues are, last week, BPU issued another approval of the NJNG pipeline and just the day before the Commission’s Thursday meeting DEP issued a major public announcement regarding their plan to address the motorized vehicle issue in Wharton State Forest.

Executive Director Wittenberg and two Commissioners attended the DEP’s March 22 “Stakeholder” meeting where the DEP’s plan was presented.

[*An important aside is necessary here: regular readers will recall that previously, in response to my questions during the March 11 meeting, Ms. Wittenberg stated that the DEP “Stakeholder” meeting was “by invitation only”, that she was representing the Commission, and that the Commissioners who expressed an interest were not invited and could not attend. I was outraged by that, testified calling it “radical”, and later wrote about it.

How is it possible for the DEP to block Pinelands Commissioners from a key meeting regarding the Pinelands?  How can Wittenberg, who reports to and serves at the pleasure of the Commission, defend DEP’s restriction and tell Commissioner that they could not attend?

So obviously, something changed and two Commissioners did in fact attend the DEP meeting.  This may seem a minor victory, but this is exactly how the Commission must claw back its powers from Wittenberg. I’d love to see the last minute revised invitation letters to those Commissioners! And so much for DEP’s bogus restriction in their “by invitation only” letter that “Due to space limitations, only one person per organization can attend.” – Eat those words DEP Commissioner Martin! ~~~ end aside]

Critically, DEP announced at this March 22 meeting that they had abandoned their initial “Motorized Access Plan” (MAP) initiative (which was based on and included a map) and would not be adopting any maps of areas or roads that would be closed to protect environmentally sensitive areas.

DEP’s abdication now makes it absolutely essential that the Pinelands Commission fulfill its responsibilities to designate areas that are not appropriate for motorized vehicles via a CMP amendment adopting a map (for a discussion of those CMP powers and the criteria to define environmentally unsuitable areas, see this February post and this more recent post.)

Stating the obvious: given this context and timing, at a minimum, the DEP’s plan and the Commission’s response should have been front and center on the Thursday meeting agenda.

Yet the Commission’s agenda completely ignored all these issues – and instead, the only substantive “Plan Review recommendation” – lingo for how the staff tee up policy issues and CMP amendments for the Commission’s review and approval – was a briefing by their newest professional staffer on “sign regulation in the Pinelands”

That’s right: signs. The poor staffer did a professional job, but make no mistake: he was thrown to the lions:

“Bread and circuses” (or bread and games; from Latin: panem et circenses) is metonymic for a superficial means of appeasement. In the case of politics, the phrase is used to describe the generation of public approval, not through exemplary or excellent public service or public policy, but through diversion; distraction; or the mere satisfaction of the immediate, shallow requirements of a populace,^[1] as an offered “palliative.”

In a classical diversion, the Commission spent almost an hour discussing signs – while ignoring the motorized access issue and the DEP’s abdication just the day before.

The agenda for the meeting seemed designed to divert and manipulate the Commission and the public and avoid discussing   far more important and controversial issues.

Only after I called them out on the failure to brief the public on the DEP “Stakeholder meeting” did acting Chairman Galletta reluctantly ask Wittenberg to brief the Commissioners and the public about the DEP plan. (Interestingly, new Christie installed Chairman Earlen and his partner Commissioner Avery were absent).

The Commissioners and federal Secretary on Interior representative DiBello responded with an excellent discussion and again indicated a strong and growing desire to provide planning and policy guidance to DEP about where DEP should enforce motorized vehicle access restrictions based on a map adopted by the Commission.

It is now obvious that Wittenberg does not want the Commission involved in motorized vehicle issues in deference to DEP and will do just about anything to throw up roadblocks.

This is just the most recent indications of her unilateral abuse of power, loyalty to Gov. Christie and DEP, and end run around Commission’s policy powers.

That abuse must stop.

But the abuse will end only if and when a majority faction on the Commission emerges and seizes control.

To accomplish real reforms will require confrontation – something many Commissioners are uncomfortable with – and it require Resolutions and Votes by the Commission setting policy. This may even trigger vetoes of the minutes by Governor Christie.

If so, so be it – at least the Commisssion will be on a road to redemption.

As Paulo Freire famously said: “We make the road by walking“.

So here are key first steps on that road this year:

1. Rescind delegation of power to the Executive Director to make unilateral decisions on major issues

2. Impose a moratorium on review of fossil infrastructure until a climate & energy  policy is adopted in the CMP

3. Restrict water use to protect ecosystems – implement the long delayed Kirkwood-Cohansey Study

4. Amend the CMP to adopt a map where motorized vehicles are prohibited

5. Put teeth in the new MOA policy by adopting standards to define equivalent protection – codify in CMP

We’ve previously written about each of those issues, so until we update them with more specific recommendations, readers that are interested in these 5 steps should use the word search function at top right.

Source: NASA

$2 Billion Endowed Duke Foundation Gets Million$ in EDA & Federal Subsidies

Christie DEP Quietly Gives NJ Audubon $500,000 In Green Acres Money at a Premium Price for Already Preserved Land

There was not much more for us to talk about
Whatever we had once was gone
So I turned my cab into the driveway
Past the gates and the fine trimmed lawns

And she said, “We must get together”
But I knew it’d never be arranged
Then she handed me twenty dollars for a two-fifty fare
She said, “Harry, keep the change” ~~~ “Taxi” (Harry Chapin, 1972)

Dukes of Hazard?

Duke Mansion – spent millions to restore a barn

Next time you’re stuck in traffic, or demolish your front end in a pothole the size of a garbage can, or the water main breaks and floods your town again, or the sewer line backs up into your basement, or the there’s standing room only on the NJ Transit train, or there’s no money for flood control, or you kid is diagnosed with lead poisoning from drinking water at school, consider this outrage: (Star Ledger)

There are more ironies. The Duke Foundation got a $58 million low-interest loan from the New Jersey’s Economic Development Authority to repair infrastructure in 2009, but didn’t spend a nickel on the mansion. It also took $2,309,800, from the federal government in 2010 to protect 528 acres along the Raritan River from development, and another such deal is in the works. Curious isn’t it, that tax dollars should go to preserve land already preserved and paid for by the Dukes?

Gee, we thought the EDA only took care of Christie’s corporate friends.

Dirty Deeds, Done Dirt Cheap

Sparta Mountain logging

You may have read or heard that NJ Audubon is proposing a controversial logging project in the highly protected forests of the NJ Highlands on lands purchased for preservation by the Green Acres program.

But you probably have not been told that the NJ Audubon logging plan, written by a private forestry consultant paid by NJ Audubon and with no public input, was put on the Christie DEP’s letterhead and that NJ Audubon’s logging plan was announced by DEP as a DEP plan.

Pretty clever, eh? But it gets much worse. Follow.

We’re sure that you are not aware that a billionaire’s private hunting club gave NJ Audubon $140,000 to write that plan.

And we’re fairly certain that you don’t know that, after hundreds of people expressed outrage and opposition to “DEP’s” logging plan, that Christie DEP Assistant Commissioner for Natural Resources Rich Boornazian – a former real estate man with no environmental training or experience – wrote an email to NJ Audubon thanking them for defending the DEP and providing cover:

But … drumroll … now for the pièces de ré·sis·dance:

Last April 15, 2015, the DEP quietly paid NJ Audubon $500,000 in Green Acres money for conservation easements on two tiny already preserved parcels of land on Sparta Mountain (about 70 acres, a price of over $7,000 per acre). (if that link does not work I will provide the PDF upon request).

Maintaining the land “forever predominantly in natural, scenic, and open conditions” of course does not include logging.

And of course, the Christie DEP’s press office, the most prolific ever, was quiet about this “open space” funding – no press release touting the Christie Administration’s commitment to open space preservation – despite the fact that the deal happened in the heat of the highly charged debate about the Open Space ballot question implementation legislation last year, when various folks were outraged by how little funds were available and how the Keep It Green Coalition (led by NJ Audubon) had duped voters about the diversion of existing funds.

So, next time your local historic preservation group loses a lovely building for lack of preservation money or the Environmental Commission recommends land acquisition and is told there is No Green Acres money, or your CITY council says there’s no money for urban parks, call DEP’s Boornazaian at DEP – or Eric Stiles at NJ Audubon or Mike Catania at Duke.

They may have some spare change you can keep, Harry.

Commissioners show contempt for democracy

BPU President Mroz is an unethical flat out liar

BPU President Mroz (Source: BlueJersey video)

Protesters disrupted the BPU rubber stamp approval of the NJ Natural Gas Co.’s Orwellian named “Southern Reliability Link” pipeline through the Pinelands today.

Showing their utter disregard and contempt for democracy, BPU President Mroz immediately gaveled the meeting into adjournment and the BPU Commissioners abandoned their seats and left the room to avoid listening to the protesters.

The protest marks a new and escalating tactical engagement in pipeline opposition in NJ. I applaud the protesters and look forward to more and greater events. I had planned to participate, but last minute problems beyond my control kept me away this morning.

The BPU approval pre-empted local government powers to regulate the pipeline, extinguishing the democratic rights of residents of six towns the pipeline passes through.

I’ve written extensively about the many flaws and frauds in the pipeline project and NJ Spotlight ran a set up story, and BlueJersey has good video to watch of the protest event, so I won’t go into much detail with this post.

I must note a few things in response to the lengthy statement read into the record by BPU President Mroz at the end of the hearing.

1. As a former advocate and employee of some of the corporations involved in this project, by any reasonable application of ethical standards, BPU President Mroz has a glaring conflict of interest.

His continued participation in approvals of pipelines and other infrastructure financed by his former corporate cronies is obscene.

2. Mroz repeated what he knows to be two false and manufactured justifications of the pipeline: a) so called “resiliency” as a response to Superstorm Sandy; and b) need for gas at Joint Base MDL.

There is ample evidence in the record that documents these false justifications, and the Joint Base rationale is fraudulent and may constitute criminal activity.

The PPA’s BPU petition destroys the false argument about “resilience” – no transmission pipeline has ever been knocked out by a storm – and documents the real purposes of the pipeline, which are to serve future growth and expand profits at the subsidy and expense of ratepayers.

[Note: there is very plausible speculation that the real goal of this massive 30 inch 722 psi pipeline is to serve a new gas plant at the Oyser Creek nuclear site when it closes in 2019.]

3. Mroz stated that the pipeline was “approved by the Pinelands Commission” as consistent with the Comprehensive Management Plan (CMP).

LET ME BE CLEAR: That is a LIE –

The Pinelands Commission NEVER VOTED TO APPROVE THE PIPELINE.

The so called approval and CMP consistently determination was issued unilaterally by Gov. Christie’s installed Executive Director Nancy Wittenberg – not the Commission – who was following Orders of the Governor’s Office, not the direction of the  Pinelands Commission or the requirements of the CMP.

Wittenberg also directly participated in the fabricated fraudulent military need justification to evade Pinelands regulations.

4. The BPU completely ignored climate change.

That is grossly irresponsible.

The debate now shifts to the Courts – let’s hope they uphold the law and reject this fraud and travesty.

Thanks to the Pinelands Preservation Alliance for filing the lawsuit. Maybe this can remain tied up in the courts long enough for the next Governor to kill it.

Christie’s Climate Defying Fossil Policy Must Be Stopped

[UPDATE – 3/18/16 – Game on! Protesters being dragged out of BPU meeting by police

Protesters being dragged out of BPU meeting by police -Photo by David Giambussso (Twitter) (3/18/16)

As the planet’s temperature just reached a “terrifying milestone” and scientific evidence mounts on the role of methane (natural gas) in warming, tomorrow the Christie Board of Public Utilities (BPU) is expected to rubber stamp approval of yet another major natural gas pipeline fossil fuel infrastructure project.

The NJ Natural Gas Co.’s “Southern Reliability Link” through the Pinelands is on BPU’s agenda – BPU will approve the pipeline AND preempt local control – extinguishing democratic rights – yet no public comment is allowed during the BPU’s hearing tomorrow:

2. Docket No. GO15040403 – In the Matter of the Petition of New Jersey Natural Gas Company for a Determination Concerning the Southern Reliability Link Pursuant to N.J.S.A. 40:55D-19 and N.J.S.A. 48:9-25.4.

It is simply insane to be approving more fossil infrastructure given the climate crisis, which demands a dramatic shift in energy infrastructure investments to renewable energy.

Scientists warn that we must leave over 80% of known fossil fuel reserves (coal, oil, & gas) in the ground to avoid exceeding climate tipping points and catastrophic warming that would threaten industrial civilization.

In addition to climate insanity, this pipeline would violate the Pinelands Comprehensive Management Plan and is based on fraud – the NJNG pipeline planners manufactured a false military need for the project to circumvent Pinelands CMP restrictions.

The Pinelands Preservation Alliance BPU petition absolutely demolished NJNG’s alleged “resilience” justification for the need of the project:

“The undisputed facts unequivocally show that NJNG is not seeking to install its pipeline for “reliability” in case of another natural disaster such as Hurricane Sandy or the Polar Vortex of 2014; it’s simply seeking to increase its profit margin. How do we know this? By simply looking at the numerous contradictions put forth by NJNG. (facts not presented here, full PPA brief provided upon request)

PPA also uncovered emails between NJNG and military officials that  reveal the fraud. PPA’s argued:

The facts show that there is no need for or demand on Joint Base for the NJNG pipeline.

Despite knowing of this NJNG fraud and despite huge public opposition, once again, Pinelands Executive Director Wittenberg went behind the back of the Commission and supported the NJNG pipeline.

The day before last Friday’s Commission meeting, without the knowledge or approval of the Commission (personal communication) or publicly disclosed during her monthly management report,  – just as she deceptively did for the South Jersey Gas pipeline – Wittenberg promoted Gov. Christie’s fossil agenda and wrote BPU in support of the pipeline (Burlington County Times):

In a letter sent Thursday from commission Executive Director Nancy Wittenberg to the BPU, she said that the staff reviewed the discovery documents, transcripts and legal briefs submitted by Chesterfield and the Pinelands Preservation Alliance to the BPU, and that their opinion of the project “remains unchanged.”

“The only new issue raised as part of the BPU process pertained to whether the proposed project was associated with the function of Joint Base McGuire-Dix-Lakehurst,” Wittenberg said in the letter. “The application record for the proposed project aptly supports the joint base’s need for the proposed project. Thus, the application has demonstrated that the proposed gas main is a permitted use in a military and federal installation area.”

We hope that BPU will hear from the public tomorrow – we’ll keep you posted.