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Love Canal Activist Lois Gibbs & Former Congressman & Governor Jim Florio to Speak at Community Rally and EPA Hearing

Dupont Cleanup Plan presented informally by EPA (October 20, 2011)

Just a quick note to readers – too long for a tweet and too short for a blog post – to remind folks of tomorrow’s community rally in Pompton Lakes at 4 pm, followed by an EPA hearing at 7 pm.

Please be there if you can.

(Hit this link for the Bergen Record’s set up story and this link for the EPA Public Notice and EPA fact sheet, and EPA regulatory documents.)

There have been significant development since back on December 6, when we urged folks Occupy Dupont Pompton Lakes – January 5 – Free The Toxic Hostages

The Citizens for a Clean Pompton Lakes invited Lois Gibbs to speak. Gibbs is the citizen activist from Love Canal (NY) who put the toxic site problem on the national radar screen.

The Edison Wetlands Association invited former NJ Governor and Congressman Jim Florio to speak. Florio is the original sponsor of the Superfund law.

In addition to these national leaders who will speak, there are unique and severe threats to human health and the environment that remain unresolved – making this Dupont site one of the worst in the country :

• The Dupont Pompton Lakes site is perhaps the worst example of “vapor intrusion” in the country (450 homes are poisoned by Dupont chemicals seeping up from the polluted groundwater);
• State and federal health officials have documented elevated cancer rates that are associated with chemicals in soil, groundwater and vapors;
• highly toxic mercury is poisoning fish, wildlife, and ecosystems of the region
• over 100 areas on the Dupont site have not been cleaned up and remain contaminated, after 30 YEARS of neglect by state and federal agencies
• The failure to disclose the longstanding presence and risks of vapor intrusion until 2008 raises potential criminal fraud and wrongdoing.

We urge readers to attend and pass the word to fellow activists.

But Christie Administration Promoting More Growth, Abandoning Land Use Planning, and Gutting Regulatory Protections

It is beyond shortsighted and recklessly foolish to reduce coastal flood protections at a time when global warming science is telling us that there will be sea level rise and an increased frequency and intensity of coastal storms. Bill Wolfe

Kirk Moore and Todd Bates of the Asbury Park Press wrote a wide ranging story on a complex set of issues facing the shore, from global warming sea level rise and storm surge to land use, over-development, and the pro-growth anti-regulatory policies of the Christie Administration (see: Shore growth, flooding expected to increase

I’d like to compliment them on the story, and especially on the photo, which perfectly illustrates the issues they write about.

For years now we’ve written extensively about this set of “coastal hazard” issues, e.g. hit the link and read these two posts: Adapt or Die and Another Emergency Declaration Along the Shore

The new angle that Kirk and Todd bring out in the story, however, is the Christie Administration’s attacks on state land use planning and DEP regulation.

So, I will connect the dots and highlight just one important point that was lost in the complexity of the story.

The Christie Strategic Plan and Executive Order #78 require that all state agencies “align” their functional plans and regulations with the Strategic Plan.

Institutionally, this initiative is quarterbacked by Lt. Governor Guadagno, Christie’s “Red Tape” “regulatory Czar”.

DEP has already abandoned the Landscape Map and the WQMP regs in implementing this policy.

Thus, the Plan is a direct threat to DEP regulations, including CAFRA.

The Christie Strategic Plan also abandoned the former State Plan Policy Map, so all decisions are now ad hoc (e.g. “site specific”) and totally divorced from real planning.

So, Governor Christie and DEP Commissioner Martin are just as great a threat to the Shore as are developers and global warming.

There is no ambiguity here and no need for so called academic experts, or professional planners, or environmentalists to deny, hope, pretend, or withhold criticism (see: Well Past Time to Circle The Wagons on Christie Environmental Assaults).

The Star Ledger ran a story today about Governor Christie’s unprecedented rate of vetoing legislation (see: No rubber stamp Governor: N.J.’s Christie often invokes his veto power

I think they got the story all wrong.

Perhaps worse, the story failed to discuss the implications, which are especially dire for environmental and public health protections, which are being sacrificed at the alter of economic interests, with little or no public debate (with one exception).

The story headline (“no rubber stamp“) and the rhetoric (“toughest and most selective governor in recent history“) form a narrative that is complimentary and supports the Governor.

Instead, that narrative should be about anti-democratic executive over-reach and unchecked abuse of executive power.

In addition to Christie’s record number of vetoes and demagogic attack rhetoric, he has issued numerous Executive Orders, many of which trample on legislative powers.

Christie also has usurped legislative policymaking via appointments that reflect his controversial policy views, e.g. Highlands Council, State Planning Commission, and Pinelands Commission appointments.[The Gov. also has a negative check on those bodies via the power to veto the minutes and block action.]

The primary focus of Chrisite’s over-reach are with respect to setting policy and consolidating executive power over major policy controversies, including:

• environmental regulation and policy (EO #1 – 4),
• State Planning (EO 78),
• privatization, (EO 17)
• the controversy over DRBC oversight of “fracking“,
• Regional greenhouse gas emissions (RGGI)
• Consolidation of control over regulatory policy in the Lt. Gov.
• Control over Highlands Council
• De facto moratorium on drinking water standards (Institute has not met for 18 months)
• Executive (DEP) waiver of environmental laws
• public access to coastal waters and river fronts
• elimination of various “in but not of” entities (EO 15)

The public policy established by the Legislature is under attack by Christie’s Executive action.

Christie’s Executive Order’s and DEP’s regulatory initiatives often include policies, criteria, and standards that are either not found in the enabling legislation, or flat out contradict the Legislatively set policy.

Yet, aside from the Joint Resolution (SCR239) to block DEP’s waiver rule, oversight hearings on DEP’s proposed privatization of land use permit reviews, and the reversal of DEP’s proposed elimination of the D&R Canal Commission, there has been virtually no legislative oversight or pushback.

Christie has even challenged federal EPA oversight and anticipated “confrontations”(watch YouTube), e.g. WQMP (sewer) rules, TMDL for Barnegat Bay, et al.

This vast over-reach needs to be resisted by the public and the legislature in 2012 – and backed up by the Obama EPA.

[Update: Christie environmental vetoes are discussed in these posts:

Governor Christie’s Veto of the Barnegat Bay TMDL Bill – What It Really Means

Another Friday Night Massacre: Christie Vetoes RGGI and Stormwater Bills

Judith Enck, EPA Region 2 Administrator plants the EPA flag in NJ