[Update: 11/15/09 – please disregard any inference of bias or conflict of interest on the part of John Weingart, he just announced he is stepping down as Highlands Council Chair]

We have been following developments in the Christie administration, in hopes of promoting environmental interests and holding the administration accountable to its campaign pledges and environmental law (see this and this and this).

Today, we are again troubled by another disturbing signal. According to the Star Ledger (“Christie’s Chosen Few“), the Transition Team excludes environmental or public interest representatives.

Worse, although he excluded environmental and public interest group representatives, Christie appointed Jon Hanson, chairman and founder of the Hampshire Real Estate Companies, a major real estate mogul from Morris County (Highlands country); Alfred Koeppe, the former head of major polluter Public Service Electric & Gas; and Debra DiLorenzo, the longtime head of the notoriously anti-environmental Chamber of Commerce of Southern New Jersey .

The size and composition of Christie’s Transition Team contrasts sharply with prior Governor’s. Yet that contrast and what it means for governing and policy are not brought out particularly well in the Star Ledger coverage. So let me critique that article as a means to bring out the importance of having environmental and public interests represented on the transition team. Or the reader may examine and compare Corzine’s Transition Team Reports. (here’s press release) – Here is Environment Final Report

The Star Ledger article relied on John Weingart as a source – ostensibly an independent academic political scientist (without disclosing the fact that Weingart is Chair of the NJ Highlands Council, which is legally in (but not of) the state Department of Environmental Protection. This is an important omission, as Weingart soon will be part of the Christie Administration).

Weingart praised Christie for more effectively building relationships with Trenton by appointing insiders to the team. But Weingart failed to note the irony in the fact that Trenton is the place Christie attacked during his campaign as corrupt, and pledged to “turn upside down”.

That contextual omission is bad enough, but why does Weingart fail to note that many policy areas and interest groups are excluded and NOT represented on the Christie team? Christie failed to include critically important NJ issues and interests, like urban, land use, transportation, and environmental policy experts and community representatives.

One would think a political scientist would understand the importance of a Team comprised of a diversity of interests and expertises, versus a team representing primarily powerful corporate economic interests.

One would think a political scientist would understand inside top down elite corporate politics, versus broad democratic representation of the public interest.

But, no, Weingart cynically dismisses all that as empty “symbolism”. To do so, he goes out of his way to dismiss the 88 member diverse McGreevey Transition Team as not substantive, but symbolic. That is a slur on the dedicated citizens who served on those prior transition teams, many of whom were experts in their respective fields who would be surprised to be dismissed as “symbols”.

(ps – full disclosure: I was one of the “symbolic” “McGreevey 88” and testified to and worked with the Corzine Transition team’s environmental committee.  It is shocking that Weingart apparently fails to understand this history, because the McGreevey Transition process built the team, strategy, and the policy agenda that produced the Highlands Act. Weingart serves as Chair of the Highlands Council created by that Act. )

Gov. Jon Corzine appears at the April 2008 NJEF annual conference, where he was warmly received. Corzine was endorsed by NJEF in 2005. DEP Commissioner Lisa Jackson was praised repeatedly by NJEF and virtually never criticized, despite a spotty record that was critized by many local activists and policy analysts.

In the midst of the Clinton era’s “third way” political accommodation, in 1995 award winning journalist Mark Dowie wrote a tragically prescient book “Losing Ground – American Environmentalism at the Close of the Twentieth Century”.

It was a devastatingly honest and critical analysis of the ineffectiveness of national environmental groups. It was written as a warning and a clarion wake up call.

Jeff Tittel, head of NJ Chapter of Sierra Club. Trenton insider, and “Sultan of the Soundbite”. Despite withering criticism of former DEP Commissioners, I challenge you to find a negative quote or criticism of his pal Lisa Jackson.

Dowie argued that environmental leaders had badly lost their way, amidst a sea of compromise and insider political lobbying that alienated them from the grassroots activists and the actual field conditions and issues in environmental decline. Courting access to political players, they simply failed to tell the truth in order to retain that access:

Michael Fisher, a past director of the Sierra Club, spells out the problem in an interview with Dowie when he proclaims, “Sierra Club national leaders know that they can’t just walk into Congress and say no more clearcutting. So we are stuck with the incremental approach, which we hope will lead to slow progress in the halls of power. The problem is the incremental approach lacks the ability to stir people’s souls, to get them angry and fulfilled.” A reliance on the incremental or capitulation approach and the inability to stir up the masses creates a dependence on legislators for action. This makes the legislators so crucial to “success” that they are above reproach. (link)

Dowie documented that the environmental movement had not only totally failed to live up to its potential, but that they had caused damage and actually literally lost ground. Dowie described a national movement that is out of touch, too willing to compromise, and much too close to the industries and politicians they are trying to influence. Case after case of compromise, capitulation, and failed leadership had pushed the environmental movement “to the brink of irrelevance“.

Sadly – almost 15 years later, and for exactly the same reasons Dowie exposed – I must report that NJ Trenton based environmental leaders have gone over that brink and are in a free fall state of irrelevance.

Dave Pringle, NJEF.

Nothing can illustrate that irrelevance better than today’s contrasting headlines, first the Daily Record:

Environmentalists say they are looking forward to working with Christie (link)

“We are optimistic going forward that Christie will keep his promises to put an emphasis on science over politics and to ensure we are developing in the right places,” Pringle said. “He had the strongest environmental agenda and the most detailed plans.”

versus this news from the Star Ledger:

Frustrated N.J. business owners want Christie to bring regulatory relief (link)

While Christie did not provide many specifics on the campaign trail, he has vowed to take a hard look at the state’s regulations and taxes…. Keeping businesses in the state also means making it easier for them to navigate the “patchwork” of local, state and federal regulations, said John Sarno, president of the Employers Association of New Jersey. “There needs to be some harmonization. Its too complicated,” Sarno said. “If we made these laws more consistent with federal standards … Other groups like the New Jersey Chamber of Commerce are expressing eagerness to schedule meetings with the incoming administration and its transition team to get their message in front of the next governor.. … Builders are hoping Christie extends construction permits by another two years. When the bottom fell out of the housing market, they were left with a fistful of permits, which are expensive and time-consuming to win, said Tim Touhey, executive vice president of the New Jersey Builders Association.

Does anyone know (or remember) what “regulatory relief” means?

Here’s a taste:

A new genre of environmental reporting.

It started out as a typical government story — a look at the way the state’s efforts to institute business-friendly policies were playing out. But when two reporters for the Hackensack, New Jersey, Record began looking into the impact of budget cuts and loosened government regulations and found a morass of questionable insider politics, an award-winning environmental series emerged.

If the Trenton lobbyists are willing to give Christie a pass on this issue, the same one they have gone to war over with Whitman – and despite Christie’s own statements–  how can anyone believe them? And without credibility, how is it possible to be effective?

Don’t they realize that the Corzine history – and this past election’s endorsements – already have strained their credibility?

The Trenton environmental lobbyists have their heads in the sand and are far too willing to play the failed insider game. They are oblivious to the political landslide building around false claims about the current economic crisis – completely spurious but un-rebutted claims which are stoking efforts to rollback government and environmental protections.

Meanwhile the Daily Record reports (can that word be any more dismissive or a clearer example of irrelevance?) …

Meanwhile, Christie promised the mayors relief from affordable housing mandates and said he would overhaul the Department of Environmental Protection to make the agency more user-friendly.

While the Courier Post carried even harsher news:

So too will be a push to “reform the culture” at the DEP to speed up permit reviews and make the agency more responsive, Christie said. [My note: responsive to whom?)

“We’re going to continue to be aggressive in protecting the environment,” Christie said. [Note: “continue”? Continue what?]

For Barnegat Bay, Christie said he will seek a solution for the issue of cooling water discharge from the Oyster Creek Nuclear Generating Station, though he stopped short of an outright commitment to requiring that cooling towers be built at the 40-year-old reactor.” [My note: that sounds real aggressive now, doesn’t it Dave Pringle?]

Folks should know that installation of Oyster Creek cooling towers was considered a “promise” Christie made to secure NJEF endorsement. So, right out of the box, he’s already broken that key promise with absolutely no accountability by NJEF, who remain “optimistic” and look forward to working with him. Are you kidding me?

Matt Elliot, energy advocate, Environment NJ

Denial is too generous a term for what’s going on – as are “battered wife syndrome” or “Stockholm syndrome”.

The same failed insider tactics are what created the Corzine administration’s environmental train wreck.

Stating the obvious, rehashing some history, here’s is how that dynamic works:

1. As folks will recall, Corzine was endorsed in 2005 by environmental groups. In exchange for that endorsement, Corzine made specific promises to environmentalists. In exchange for those Corzine promises, environmental groups praised the Governor and Lisa Jackson, regardless of the facts and despite reality. The political deal required not only inflated (at times flat out false) Corzine/Jackson praise, but the withholding of criticism. As a result, Corzine & Jackson received very positive reputations as environmental leaders.

2. Reporters no longer read the find print to uncover the truth because they have no time or expertise to do so. Plus, it’s a lot easier to simply write a red meat quote from Jeff Tittel. This dynamic shut out local activists and marginalized critics.

3. This false positive reputation – built by the environmentalists themselves – created an accountability free zone. Environmental praise immunized (inoculated) Corzine from criticism. In turn, this enabled him to take anti-environmental positions without criticism or accountability.

4. In the last year or so of his Administration – and really only after Lisa Jackson, good friend of Jeff Tittel and thus immune from his criticism, had departed – the facts and the voices of the marginalized local activists and critics caught up with the Trenton crowd and forced their hand.

THE SAME THING IS HAPPENING NOW WITH CHRIS CHRISTIE.

Will anyone learn from this history?

Environmentalist praise Corzine during signing ceremony for Global Warming Response Act. They later denounced Corzine – but not Jackson – for DEP’s failure to implement the Act.

This year’s superb World Series saw at least 3 episodes of the “quick pitch” (none ruled a balk, and each one perceptively detected by Tim McCarver, a former catcher and the best announcer in baseball).

For those non fans out there, a quick pitch is just like its name implies. The pitcher throws before the batter is ready, disrupting his timing.  It is an illegal pitch (or balk), but a very effective tactic. Good hitting – like politics – is all about timing.  That’s why off speed pitches work – they mess up the batter’s timing and prevent the weight shift required for good hitting, but I digress on baseball matters, so I’ll get to my point.

Although I had written about the issue during the campaign (see this post), I felt quick pitched by Christie’s victory speech. Not expecting any policy statements, he blew a fastball right by me when he emphasized his plans to “turn Trenton upside down” and “cut onerous regulations”. Regulatory pitches being my forte, I swung from my heels for the fences, but missed.

So, I stepped out of the batter’s box, but was quick pitched again the next day when Christie told the NY Times that “ that he would move quickly to suspend new regulations on business…”.  I swung, was late on the pitch, but this time at least I hit a single to right with this post.

Christie’s quick pitch revelation in the headline and lede of the New York Times’ story was confirmed and reported in my more detail by Politicker: “Christie says first executive order will freeze unfunded mandates and regulations”

Dave Pringle, NJ Environmental Federation. Acting as the Christie Ambassador to the environmental community. NJEF endorsed Christie. It's unclear right now who Pringle is playing for - the Christie Team or the ENGO team.

The Christie Administration’s Ambassador to the Environmental Community, Dave Pringle of NJEF, was next to bat. But Pringle was quick pitched too, because his lame excuse for a swing in defense of Christie clearly was not prepared. Pringle simply spun out of the batter’s box and ducked from a high inside hard one.

But amazingly, again within 24 hours, the Christie pitch reported in the press changed dramatically.

What was initially characterized by the NY Times as a plan to “suspend regulations” and echoed by Politiker as a”freeze on regulations“, was softened considerably to a “90 day review” of regulations.

For those non governmental types out there,  that’s a HUGE difference in policy. Sticking with the baseball analogy, it’s akin to the difference between a 350 contact hitter and a 50 home run hitter with a 250 average.

Recalling the days of Dan Quayle (does anyone recall Quayle’s power on the Bush Council on Competitiveness?), this regulatory review is to be headed up by the Sheriff – ahem – I meant Lieutenant Governor Guadagno (she passed the bar and her NJ driving exams, but can she spell potato?). According to Friday’s Star Ledger:

Guadagno, who will be in charge of a committee given the task of taking 90 days to review the state’s regulations, joked that she didn’t expect to be this far along so quickly after the seemingly tight gubernatorial race.

So, it looks like we’ll have a 90 day Committee.

That sure is a long way from from the Governor imposing a freeze.

So, do we have a balk by Christie (i.e. did he misspeak to the NY Times? Or Did he back off a moratorium in favor of the 90 day review?)

Or do we have an error by the press?

Memo to Christie media team and press: you can do better than that.

(with 2 updates below)

I knew we were in for a battle over environmental regulations, but this is ridiculous (see: “Cutting Onerous Regulations“)

Just hours after the polls closed, Governor elect Chris Christie told the New York Times that he would impose a moratorium on new regulations:

“Governor-elect Christopher J. Christie of New Jersey, basking in praise from Republicans who hailed him as the party’s new star, said Wednesday that he would move quickly to suspend new regulations on business…”

Christie Pledges Fight on Taxes and Business Rules

The controversial move takes a play out of the Bush I and II Administrations’ anti-regulatory playbook, (and conservative think tanks) and would impact several major environmental rules recently proposed by DEP and now in the pipeline pending adoption.

In addition, a moratorium would hamper protections overseen by the Highlands Council, the Pinelands Commission, and the NJ Meadowlands Commission.

A moratorium would block critically important rules required to implement the green house gas emission reduction goals of the Global Warming Response Act, the Energy Master Plan, and rules to promote energy conservation and renewable wind and solar power development.

Many of these DEP state rules are mandated by federal laws, such as the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act (RCRA) which manages hazardous waste. Therefore, any Christie move to impose such a moratorium sets up a certain showdown with the Obama EPA, led by former NJ DEP Commissioner Lisa Jackson. During the campaign, Christie vowed to fight Obama federal EPA oversight and enforcement efforts in NJ.

DEP environmental protection proposals now in the pipeline that could be derailed by a Christie moratorium include:

Proposals with Comment Period Closed

Greenhouse Gas Monitoring and Reporting Program, N.J.A.C. 7:1G-3.1, 3.2 and 5.3; N.J.A.C. 7:27-21.1 through 21.3, 21.5, and 21.11 through 21.13

N.J.A.C. 7:27-31 NOx Budget Program

[Update #1 11/6/09 – just came across this:

“Christie said his first executive order will be to freeze unfunded mandates and new regulations for ninety days, something he promised during his campaign.”

[Update #2 – it keeps coming:

Guadagno, who will be in charge of a committee given the task of taking 90 days to review the state’s regulations, joked that she didn’t expect to be this far along so quickly after the seemingly tight gubernatorial race.

State House, Trenton, NJ

[Update 11/5/09: lede of today’s NY Times story:

Governor-elect Christopher J. Christie of New Jersey, … said Wednesday that he would move quickly to suspend new regulations on business

I just listened to Governor Elect Chris Christie’s victory speech, where he pledged to “turn Trenton upside down” and, among other things, focus on “cutting onerous regulations“.

As I wrote previously, I believe that these are traditional conservative republican code words for slashing DEP employees and rolling back environmental regulations opposed by corporate business interests.

So, my pledge to you Mr. Christie, is that we will be very closely monitoring what you do at DEP and to the body of environmental and public health protection regulations.

As you move into transition planning (hopefully a transparent and balanced process we volunteer to participate in, but doubt your interest in appointing our expertise), we remind you of some basic facts:

1) taxpayers pay less than 2 tenths of 1% of the State budget to fund the operating budget of DEP. This implements the polluter pays policy. There is no taxpayer savings to be had by further slashing DEP budgets. ONLY 24.7% of DEP’s FY 2009 $230 million operating budget, just $56.81 million, is paid by taxpayers from the state general fund. (read DEP budget here);

2) numerous studies show that the benefits of environmental and health regulation far exceed the costs;

3) numerous studies show that pollution imposes massive public health and ecological costs of NJ residents and the economy;

4)  DEP and enforcement of environmental regulations have had no impact on the current economic recession, which is driven by collapse of the financial system, not “onerous regulations“;

5) many of the programs administered by DEP are federally funded, federally enforceable, and/or delegated. NJ is not currently in compliance with many federal clean air, clean water, safe drinking water, toxic site cleanup, and hazardous waste management requirements; and

6) the people of NJ strongly support enforcement of environmental and public health protections, on a bipartisan basis.

(and the south jersey republicans who called for the elimination of DEP were defeated)

Last, I hope the NJ Environmental Federation was listening closely tonight – and wonder how well they will sleep.