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 Plan would include 325 new housing units, plus new sewage treatment plant in violation of CMP

headwaters of Black Run, Evesham NJ

On Saturday, motivated by last Friday’s Pinelands Commission staff presentation of their Black Run Watershed Plan, I went down to Evesham in search of the headwaters of the Black Run, the environmentally sensitive lands targeted for preservation, and a place called the Black Run Preserve.

Meandering the rural roads, I came upon a huge scar on the land, with EPA and DEP Environmental Infrastructure signs, so I decided to take a tour of a place called Aerohaven:

old Aerohaven airport – site of wastewater impoundments

I was shocked by that disturbed landscape, which forms the headwaters of Black Run – more about that in a future post.

When I got home, I did a little Googling to learn the history of that place and a huge development called Kings Grant – again shocked by what I found there, again an issue I will discuss in a future post about the history of the watershed.

In the meantime, until I do more research on the original Evesham – Medford plan for Black Run, I thought I’d repost my initial impression of the staff’s presentation, with one update.

During the discussion of the staff’s plan, Commissioner Earlen asked a pointed question that again illustrated that the Commission’s staff are actively promoting and negotiating development schemes – much like they did in the South Jersey Gas pipeline debacle – prior to policy direction from the Commission and public awareness.

Why is staff only discussing option #3 – the development oriented density transfer, and not Option #2 – the forest preservation plan?

Why are they presenting their preferred option #2 without approval of the Commission and knowledge of the public?

Such staff manipulation makes a mockery of the public process and undermines the Commission’s role to set policy.

This is a repost of my initial take based on the staff’s presentation:

4) Black Run Watershed – Forest preservation or development scheme?

Staff made a presentation on the Black Run watershed, in portions of Evesham and undisturbed and preserved forested lands in  Medford.

The plan was designed to reflect a 2006 transfer of development plan developed by Medford and Evesham.

The plan involves protection of high water quality by re-designation of 4,000 acres of undisturbed forested lands from rural development area to Forest Area. The plan would reduce allowable development density from 1 unit per 3.2 acres to 1 unit per 25 acres (for a total maximum of just 70 units), and expand the boundaries of thousands of acres permanently preserved ecologically signifiant lands.

If that sounds too good to be true, you are right.

Staff found that

• the current rural development designation “does not reflect the ecological value of the area”
• the current rural development designation ”continues to create unrealistic development expectations“
• a Forest Area resignation would reflect the current CMP standards for Forest Area

Despite those findings, and in a complete contradiction to the above findings, staff also found that Forest Area re-designation would result in:

significant, uncompensated loss of property-owner’s value

How can the reduction of development potential be “significant” if the site has significant environmental and regulatory constraints to development at the allowable RDA density of 3.2 units per acre?

Why is staff’s recommendation so heavily influenced by greatly exaggerated diminution in development potential and property value?

Based what appears to be primarily on this “significant uncompensated loss of property-owner’s value”, the plan option recommended by staff would transfer the development density reduced in the Forest Area to a 175 acre parcel o the Evesham border with Voorhees Township. That parcel is currently zoned for 55 units – the new density transfer would allow 325 units.

Very bad deal – if the development potential of the current forested land is severely contained and is a maximum of 70 units, then there is no way 325 new units is a good plan.

Plus, the proposed planning option #3 would violate the current CMP standards regarding wastewater management.

Why is staff recommending options that violate the current CMP?

As Commissioner Jackson said:

If we keep straying from it [the CMP] we’re going to kill it. 

Commissioner Ashmum raised concerns that the staff presentation lacked the full history of the Medform Evesham Plan and a discussion of all the data, objectives, and programs that plan was based on.

Other Commissioners agreed and the staff recommendations thankfully were tabled for reconsideration at the new P&I meeting.

This is something to keep an eye on.

“leading us exuberantly to the precipice”

“an institutional logic that is deeply pathological”

The Real Mad Men Are Not On TeeVee

Last week, I listened to a brilliant talk by Noam Chomsky, in which he employed the metaphor of the Doomsday Clock for the climate crisis.

His analysis highlighted the contrast between public opinion and elite beliefs, and explained how the the policy decisions of governments reflect elite interests while ignoring democratic sentiments.

Pointing to energy industry propaganda in the Wall Street Journal, he ridiculed examples of how the press is helping to “lead us to the precipice”.

That being the case, the attitudes at the top of the [income/wealth] ladder are of very great significance.

These are revealed dramatically in a poll of CEO’s that was released last January at the Davos conference in Switzerland – a conference of “Masters of the Universe” as the business press describes them. By rather ominous coincidence, this was just at the moment when the Doomsday Clock was advanced to 3 minutes to midnight.

The poll revealed that climate change did not merit inclusion among the top 19 risks that concern CEO’s.

Worse still, at the top of their ranking of perceived risks was regulation – that is, the prime method for addressing environmental catastrophe.

Their overriding concern was with growth prospects for their companies. That’s not surprising. Whatever their individual beliefs, in their institutional role the CEO’s are constrained to adopt policies that are designed to pose extraordinary and undeniable threats to the continued existence of humanity, in the words of the Doomsday clock declaration. ….

The effects are before our eyes every day, so take last Sunday’s Wall Street Journal as a typical example.

There’s a Week In Review section. It features an article titled: “Fossil Fuels Will Save the World, Really“.

The lead story in the news section is headlined “US Producers Ready New Oil Wave”. The article glories in the thought of what they call an ocean of oil from US shale as American energy companies are poised to unleash a further flood, while they lead us exuberantly to the precipice.

Scientists are well aware that most of the oil must be left in the ground if there’s to be some hope for a decent life for our grandchildren, but who cares as long as there are spectacular profits for tomorrow.   ~~~ Noam Chomsky ~~~ Lannan (Santa Fe, NM, March 18, 2015)

I was reminded of Chomsky’s analysis today, particularly the greed and exuberance of the fossil industry and cheerleading by the media.

NJ Spotlight reports today on another gas pipeline expansion:

But the expansion of the natural gas pipeline system has been strongly endorsed by the Christie administration and most business interests. Not only has it delivered big savings for consumers and companies depending on the fuel to heat homes and businesses, it also has helped drive down the price of electricity in a state with some of the highest energy costs in the nation.

The steep drop in natural gas prices — some consumers have seen their heating bills drop by one-third or more — is pushing gas utilities to get access to the cheaper supplies. With tougher environmental rules proposed by the Obama administration, many older coal-fired plants will be retired, replaced by new or expanded natural-gas generation. …

But Droege [Williams] said increased capacity of the compressor station in Mercer County, will not create problems. “You will not even notice it,’’ he said.

Yup, there it is, just like Chomsky said, – American energy companies leading us exuberantly to the precipice.

I submitted the below comment, in what appears to be another futile attempt to inject sanity in the discussion and reframe the perspectives presented in the story:

First of all, the current market price of gas is artificially low – economists agree that it fails to consider “external” environmental, public health, social, and climate change costs.

Those costs are described and quantified in the EPA”s social cost of carbon” – when will we ever see a report on that?

Gas consumers and ratepayers are paying for these costs now, just not in the price of so called “cheap” natural gas – that is a huge lie.

Second, scientists warn that at least 80% of known reserve of fossil fuels must remain in the ground to prevent catastrophic climate change – so it is literally insane to be investing in fossil infrastructure instead of efficiency and renewables.

Third, the so called “cheap gas” is undermining the economics of efficiency and renewables and discouraging critically needed investments.

This is perverse – literally.

Pinelands Commission – Sheds Scandal Like Water off a Duck’s Back

I fell in love with the Pinelands … The Comprehensive Management Plan(CMP) is like the Constitution. … If we keep straying from it [the CMP] we’re going to kill it.  ~~~ (former) Pinelands Commissioner Robert Jackson (3/27/15)

In the first meeting after his decapitation by Gov. Christie and Senate President Sweeney, there was no tribute by the Pinelands Commission’s Policy & Implementation (P&I) Committee for former, deposed Commissioner Robert Jackson.

But, showing their true colors, like in the case of Commissioner Zeke Avery, the Commission did make haste to post the bio of his replacement on the Commission’s website, despite the fact that Bob Barr has not yet been sworn in yet and won’t officially become a Commissioner until the next full meeting of the Commission on April 10.

Interestingly, they left out the part of Barr’s bio where he served as Treasurer to the Cape May County Democrats and staff to Senator Van Drew (D-Cape May).

Jackson attended the hearing, from the audience, and spoke eloquently and was magnanimous, not bitter (you can watch the hearing here).

Jackson urged the public and Commissioners, rightly disgusted by the Trenton politics surrounding Barr’s appointment, not to take that out on him but to give the man a chance to listen, learn and grow into his Commission role, as Jackson said he did.

[Note: I have a very different view.]

In stark contrast, Mr. Barr continued his lack of curiosity about the Pinelands and was a no show.

Barr didn’t even attend the hearing to meet his new fellow Commissioner’s, find out what the P&I Committee actually does (he’s never been to a Pinelands Commission meeting) and meet the public who defend Pinelands preservation and the CMP.

I spoke after Jackson and focused on the emails and what I think are not only improper process, but actions by Wittenberg and Roth that are unprofessional, unethical, and warrant firing for insubordination.

Commissioner Earlen played the role of Commissioner Avery. Earlen defended Wittenberg/Roth by the same straw man claim: he encouraged the staff to communicate with applicants. He basically said that nothing unusual or inappropriate took place during the SJG MOA review.

Commissioner Lloyd disagreed, but limited his concerns to a lack of transparency and failure to include SJG communications in the administrative record. Lloyd failed to note the inappropriate role of SJG, as a regulated entity, played in the process; or the staff’s actions without authorization of knowledge of the Commission; or the staff’s false public statements; or the excessive discretion provided to staff under current MOA standard of “equivalent protection”.

Chairman Lohbauer also supported staff and created his own straw man, by claiming that “no violations of the CMP” occurred.

So, like water off a duck’s back, Wittenberg and Roth and the Governor’s Office all dodge the scandal and all accountability.

We did learn one thing new from a response by Counselor Roth to Georgina Shanley’s question about the status of the SJG litigation.

Roth said that the litigation was handled by the AG’s office and that a “statement of items comprising the administrative record” and briefing schedule had not been developed yet or approved by the Court – this makes me question whether SJG is serious about the lawsuit. A statement comprising the administrative record should have been approved by now – what explains the delay?

• Actions Taken

1) MOA Policy Advisory Committee formed

Chairman Lohbauer began by announcing the new 7 member MOA Policy Advisory Committee to the Commission.

It is comprised on Commissioners Ashmum (Chair) and Galetta, LLoyd & McGlinchy. County and local rep, plus Fred Akers as the public rep.

There was no aggressive schedule of clear objective expressed.

Ashmum quickly made it clear that the public could “listen” to the Committee deliberate, but not provide public comments to it.

I and others objected to the lack of an ability to comment on the COmmittee’s deliberations,  but Chairman Lohbauer refused to differ with Ashmum and said public comment could be provided when the full Commission considers the Committee’s recommendations.

Bad first step.

2) approval of controversial minutes

The P&I Committee approved the minutes of the January 30, 2015 meeting, where there was significant public outrage expressed over the PPA emails.

My remarks were summarized thusly:

NJ Environmental Leaders Missing Huge Opportunities

Climate Change Must Be A Central Focus in Fossil Infrastructure Battles

Public Education & Organizing Needed On The Science of “Leave It In The Ground”

(Source: The Guardian)

Right now in New Jersey, thousands of residents – many of whom were previously politically inactive or not affiliated with “environmental” groups or causes  – are turning out to public hearings and demonstrations to protest all forms of fossil infrastructure: pipelines, oil rail shipments, off shore LNG ports, electric transmission lines, and power plants.

The recent announcement by the Obama administration to open up the Atlantic coast to off shore oil and gas drilling has sparked huge public outrage, activating thousands more opponents of fossil infrastructure.

These battles provide enormous opportunities to inform, activate, and organize thousands of people to the common threads that link all these fossil infrastructure projects: climate change.

These battles provide “Occupy” like public platforms – events, protests, and formal public hearings – to gather huge groups of like minded people in a unified collective endeavor – politics and democracy in action – a means to build the climate movement.

These controversies can generate significant media coverage to shape public opinion and hold elected officials accountable.

As Bruce Dixon has written in his series: Organizing 101 in response to Ferguson and the “Black Lives Matter” movement:

It’s not a movement unless it’s organized, and it might never happen unless YOU organize it.

Unfortunately, I hope I’m wrong, but from where I sit, I don’t see this kind of advocacy and organizing happening.

I don’t see a unified climate campaign in NJ.

I don’t see dissemination of the science or policy analysis. I don’t see media message and talking points. I don’t see efforts to connect the various fossil infrastructure battles to a common set of related climate issue. And I don’t see efforts to educate and organize all the thousands of people now actively opposing these various fossil infrastructure projects.

I see little if any public eduction on the climate issue – particularly the most relevant science, which says that we must keep at least 80% of currently known fossil fuels reserves in the ground:

Leave fossil fuels buried to prevent climate change, study urges

The new analysis calls into question the gigantic sums of private and government investment being ploughed into exploration for new fossil fuel reserves, according to UCL’s Professor Paul Ekins, who conducted the research with McGlade. “In 2013, fossil fuel companies spent some $670bn (£443bn) on exploring for new oil and gas resources. One might ask why they are doing this when there is more in the ground than we can afford to burn,” he said….

“One lesson of this work is unmistakably obvious: when you’re in a hole, stop digging,” said Bill McKibben, co-founder of 350.org which is campaigning to get investors to dump their fossil fuel stocks. “These numbers show that unconventional and ‘extreme’ fossil fuel – Canada’s tar sands, for instance – simply have to stay in the ground.”

“Given these numbers, it makes literally no sense for the industry to go hunting for more fossil fuel,” McKibben said. “We’ve binged to the edge of our own destruction. The last thing we need now is to find a few more liquor stores to loot.”

Another strong climate related reason to oppose these fossil infrastructure projects is the impact that the massive capital investments and artificially low fossil fuel prices have on the economics and investment opportunities required for conversion to renewable zero carbon energy, see:

• The effect of natural gas supply on US renewable energy and CO₂ emissions

Climate issue are engaged in few, if any, of the arguments being advanced by opponents  of these various fossil infrastructure projects.

The climate issues are ignored in virtually all of the tons of media storied these controversies have generated.

NJ’s environmental leaders can and must do better – or new leadership and organizations must step up to fill the void.

And they will have to do it without funding from NJ’s elite foundations, who have abandoned politics and advocacy work.

NowTopia 

• Bordentown inks deal with Chesterfield, North Hanover – Pact will provide 100% local food

• Local Artists Occupy, Rejuvenate Shuttered Ocean Spray Plant

• NJ Transit announces Statewide Inter-City Rail and Urban trolley plan

• “Green Energy NJ Co-Op” formed – Public Agency Will Generate, and Distribute 100% Renewable Power By 2030

• Lisa Jackson Returns To NJ With Bill Gates To Announce Apple Computer Will Join Trek Bicycles to Finance GreenMotion – $ 200 Billion Joint Venture Will Convert Former NJ Urban Industrial Blight Into State of the Art Electric Car & Bicycle Manufacturing – Phase I to provide 10,000 jobs by 2020.

• US Steel and General Motors Announce Plan To Manufacture Wind Turbine Plants in NJ – Worker Owned Project Will Supply Atlantic Coast Wind, create 20,000 jobs

• PSEG and JCP&L Liquidate Assets – Sell Power Plants and Distribution System to “Green Energy Co-Op”

• US Attorney Fishman Indicts Gov. Christie and 7 Others on Conspiracy and Fraud Charges – Gov. Faces 20 Years In Prison, Resigns In Disgrace Claiming: “I am Not A Crook or a Liar”

• Legislature Enacts Package or New Revenues To Finance Infrastructure Deficits and Create 25,000 New Jobs – Will Generate $10 Billion/Yr From Set Of Millionaire Wealth, Carbon Fuels Phaseout, & Financial Transaction Taxes

• DEP Announces Plan To Require That All Drinking Water and Wastewater Discharge Plants Install State of the Art Pollution Controls

• New Water Supply Plan Will Reduce Water Consumption By 25% Over Next Decade

• BPU and DCA Finance $100 Billion Energy Efficiency Program – Will Reduce Energy Demand By 25% and Generate 40,000 Local Jobs

• NJ Department of Corrections Announces Phase Out of State Prison System – Joins With COAH and Habitat for Humanity In Affordable Housing Project – Former Prisoners Will Build Thousands of Housing Units At Living Wage

•  Port Authority Announces Closure of Regional Airports – Founding Member of National Inter-City High Speed Rail Consortium

• NJ National Guard Works Closely With Pentagon on President Obama’s “Bringing Them Home” Initiative – Military Bases Converted to Civilian Uses – Millions of former Troops Join New National Conservation Corps (NCC)

• National Conservation Corps Announces Plans to Plant 50 Million Trees In NJ Cities – NCC Will Create 10,000 Miles of Hiking trails and Bike Lanes Over Next 5 Years

• NJ Foundations Announce “People First” Initiative:  Funds To Be Reallocated To Small Local Grasroots Groups Serving Urban and Poor People

• School Development Authority Will Build Hundreds Of New Public Schools And Oversee Dismantling Of NJ’s Racist Apartheid School System: Racial Balance and Statewide Funding Equity By 2020

• NJ Uses Legislative Power To Seize Assets of Private Hospitals and Health Care Institutions – New Public Health Plan Expands Charity Care and Will Provide Single Payer Public Health System For All New Jerseyans

• NJ State Police Leads “Protect and Serve” Effort To Dismantle Militarized Police Forces – Disbands SWAT Apparatus and Forms Citizen Review Boards With Investigatory and Subpoena Powers

• NJ Department of Labor MAkes Adjustments to Comply with New National Requirements: Age 60 retirement; max. 28 hour work week, 7 hour workday, SS COLA payments

• NJ Department of Education Announces Free College Tuition Plan

• “Citizen -Green Party” Announces Slate of Candidates in 21 Counties and 120 State Legislative Races – New Public Campaign Finance Law Opens the Door to Fresh Blood

If you’ve read this far, you probably know that virtually none of this is happening.

Are any groups organizing on this kind of vision and program? Making these kind of demands?

If not, why such a lack of vision?

Are NJ Foundations, who make warm fuzzy liberal noises about social and environmental justice and sustainable development, funding any of this kind of work?

If not, why not?

None of this defies the laws of physics – and we have the wealth to make it happen.