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FEMA Sandy FOIA Lawsuit Provides Documents That Show Christie Administration Mismanaged Energy Funds

December 3rd, 2014 No comments

INTERNAL FEMA DOCUMENTS SHOW DELAYS, CONFLICTS WITH NJ STATEMENTS

WHISTLEBLOWER DISCLOSURE SPARKED INQUIRY

This is the latest development, growing out of the recent settlement of a FOIA lawsuit we filed against FEMA,  in a story we broke back in February 2014. Our work was driven by a whistleblower’s disclosures, see PEER press release: JERSEY SANDY ENERGY GRANT AWARDS RAISE MORE QUESTIONS

  • Background – How We Got Here

Last March, after a month of discussions with editors and reporters, the story initially got picked up by reporter Scott Gurian of NJ Spotlight and WNYC .

Based on the documents we disclosed, Gurian wrote a series of stories:

After all that, Mr. Gurian – basking in self congratulation – thought he had the story wrapped up and declared victory and moved on to other stuff.

But, because we had internal sources, we knew that Gurian had not gotten the story right, so we filed a FOIA request of FEMA documents to get the real story.

We just prevailed in that FOIA lawsuit and forced FEMA to disclose the documents.

What we found in those documents – aside from incompetence and public policy failures – are a pattern of politics , mismanagement, spin, and deceit by the Christie Administration.

Specifically, in the run-up to the November 2013 election, with the help of the notorious (i.e. Bridge-gate) Office of Intergovernmental Affairs, Governor Christie issued a press release on October 9, 2013  announcing FEMA energy grant awards to 146 NJ  municipalities.

FEMA documents show that Christie press release was totally misleading.

Revealing the partisan nature of the Administration’s handling of the program, the Governor’s press release was immediately followed by press releases by Senate and Assembly Republicans – I guess the Democrats didn’t get the memo.

But when we blew the whistle on this, the DEP claimed that the FEMA energy grant awards were “preliminary” and that nothing had been submitted to FEMA.

That was a lie – documents had been submitted to FEMA but not approved.

Finally, in July 2014 Report, the Christie Administration claimed that they had conducted an in depth investigation and that all the problem were fixed.

That too was a lie.

And to top it all off, in a July 10 2014 press release, the Governor’s Office tried to sweep all this under the rug.

None of this was reported by Mr. Gurian at the time.

So, get the whole story and read the documents for yourself, from our friends at PEER:

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NEW JERSEY STILL SITTING ON FEMA SANDY ENERGY FUNDS

Delays Caused by Continual State Dithering and Ever Shifting Priorities 

Washington, DC — More than two years after Superstorm Sandy, most of the funds allocated to New Jersey by the Federal Emergency Management Administration to mitigate future storm-related hazards have yet to be obligated, according to federal records obtained in a Freedom of Information Act lawsuit brought by Public Employees for Environmental Responsibility (PEER). In the case of the FEMA Energy Hazard Mitigation grants at the heart of political reprisal complaints by Hoboken Mayor Dawn Zimmer, no funds have been spent as the state is just now submitting paperwork to FEMA for projects.

FEMA documents indicate that as of November 19, 2014 New Jersey has obligated less than half (46%) of the $328 million allocated to it for the Hazard Mitigation Grant Program. With regard to controversial energy grants to municipalities to buy or fix generators serving critical facilities, such as shelters, and emergency operation centers, such as police and fire stations, the results have been far worse – to date zero dollars have been obligated despite several false starts by the state.

In October 2013, the Christie administration notified 144 towns, notably excluding Hoboken and other Democratic strongholds, they would receive energy awards. This February after PEER exposed the political pattern of awards and gaming of the point system, the state rescinded its announcement, claiming that flawed data entry caused “scoring errors” that needed to be fixed. In July 2014, the state Office of Emergency Management proclaimed that errors had been corrected as a result of a rigorous “quality assurance /quality control” process and listed 136 projects to receive funds. FEMA documents obtained by PEER, however, indicate that the state has only in the past few weeks –from September to November 17 – submitted paperwork for only 34 projects (one quarter of the total), all of which are under review.

Aggravating matters is that the state’s plans keep changing. New Jersey has requested that FEMA increase its energy allocation from $25 million to $40 million but has not disclosed how that would affect awards. Meanwhile in a letter dated September 2, 2014, the state notified FEMA that it should expect even further changes in project priorities, warning –

“Be advised that these numbers are subject to change as we move forward in the recovery process.”

“At this late date without a firm recovery plan, the Christie administration truly is the gang that couldn’t shoot straight,” stated New Jersey PEER Director Bill Wolfe, noting that the Governor’s office actually issued a press release at the end of October about its progress in one of the very few areas of FEMA hazard mitigation program that was on schedule. “The track record on post-Sandy grants for which the state is responsible suggests fundamental and systemic mismanagement.”

In its transmittal of the document to PEER, federal officials make clear that it is state tardiness and not federal red tape that is responsible for delays:

“The Energy Allocation Initiative is managed by the state. It is NJ’s responsibility to decide how they will use the funding and prioritize projects submitted to FEMA and be accountable for the use of those federal funds. NJ requested an increase in funding from $25 million to $40 million. How and why the funding was increased is not a question we would pose the State. We are only here to guide them as to whether what they would like is or is not compliant with programmatic regulations… Again, FEMA has not obligated funds towards the EAI program because projects recently submitted are still under review.”

“After Sandy struck, more than 2.7 million people were without power for two weeks. These are the grants that are supposed to prevent crippling blackouts yet they all remain stuck in the Christie spin cycle,” added Wolfe, who obtained the documents in a lawsuit filed by PEER after FEMA failed to provide documents about New Jersey’s grant status. “Governor Christie needs to stop gallivanting around the country to stay home and take care of the basic business of governing.”

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Look at FEMA scorecard of committed funds for New Jersey as of this month

Read state warning of shifting fund levels

View federal transmittal message to PEER

See how original Christie awards were skewed

Examine July award announcement by state Office of Emergency Management

Note self-congratulatory Christie release on FEMA hazard mitigation grants

Revisit the mess of New Jersey’s post-Sandy hazard reduction planning

New Jersey PEER is a state chapter of a national alliance of state and federal agency resource professionals working to ensure environmental ethics and government accountability

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Gov. Christie Is Running NJ Into the Ground

December 2nd, 2014 No comments

NJ Losing Jobs and Investment Due to Christie Ideology & Political Ambition

World’s first “eHighway” for electrified trucks to be trialled in California

World’s first “eHighway” for electrified trucks to be trialled in California

[Update: 2/3/15 – here is a national story on what I’m driving at, focused on Christie’s kill of the ARC project:

While NJ can’t fix pot holes and suffers severe traffic congestion and unhealthy air quality, let’s take a look at just two innovative transportation programs being implemented by our west coast friends in California.

No wonder private sector investment and talented young people are locating there, instead of NJ.

NJ used to be the east coast version of California, in terms of leadership in education, environmental and technological policy and investments (instead of political stunts like this).

First, let’s take a look at public transit (hit title for link):

CalSTA and Caltrans Seek Public Input on Transit-Focused
Greenhouse Gas Emission Reduction Programs

The 2014-15 State Budget provides $832 million to the Greenhouse Gas Reduction Fund from Cap-and-Trade auction proceeds to support existing and pilot programs that will reduce GHG emissions and benefit disadvantaged communities. This expenditure plan will reduce emissions through several programs, including ones modernizing the state’s rail system (including both high-speed rail and public transit), encouraging sustainable community development with an emphasis on public transportation and affordable housing, restoring forests in both urban and rural settings, increasing energy, water, and agricultural efficiency and creating incentives for additional recycling.

Nothing like that in NJ –

Gov. Christie is a climate change policy denier. He diverted over $1 billion from NJ’s Clean Energy Fund to pay for corporate tax breaks. He ideologically opposes any new revenues and has made no real investments in infrastructure other than spending federal Sandy recovery funds like a drunken sailor. He  killed off shore windundermined expansion of solar, and blocked energy efficiency. And he tried to kill NJ’s zero emission vehicle program. He did kill the most critical NJ transit investment, the ARC rail tunnel to Manhattan, based on lies.

He opposes government planning of any kind, including transportation, air quality, climate change, Sandy recovery, or land use planning, killing NJ’s State Plan.

Christie has no professionals in his Cabinet with policy expertise, and thus has no ability to manage state government, no less design and implement innovative programs.

His “environmental justice’ and urban policy is one of total neglect, excerpt for the privatization of public schools.

But that sole “urban” policy is  driven by ideology and a cynical political motive to attack public employee unions, reward his Wall Street cronies with public educational funds, dismantle progressive public education, and provide anchors for private real estate investment to gentrify urban centers.

Second, let’s look at California’s “e-highway” program

Siemens was selected by California’s South Coast Air Quality Management District (SCAQMD) to install the system because around 35,000 trucks grind through Carson every day to the ports of Los Angeles and Long Beach, the two busiest ports in the US. Traffic is expected to increase almost threefold by 2035, so authorities are looking for zero-emission solutions.

“Southern California’s air pollution is so severe that it needs, among other strategies, zero- and near-zero emission goods movement technologies to achieve clean air standards,” said Barry Wallerstein, SCAQMD’s executive officer.

NJ has similar severe air pollution problems, particularly from diesel emissions from Port Newark. We’ve written about that, see Star Ledger:

But, instead of investing in real solutions to those problems and providing a minimum of justice and health protections for the people who live in the Newark area, Gov. Christie has pledged to provide “regulatory relief” to the business community and rollback and dismantle enforcement of DEP regulations.

NJ environmental groups compounded that problem by raiding and essentially dismantling the NJ diesel  emissions control and retrofit program by stealing $17 million for the Open Space program, see:

Most NJ drivers know that when the posted speed limit is 65 mph, that the police will not issue tickets for going 5 mph or less over that limit.

But, what if the State Police issued a policy that said drivers will not be issued tickets unless they exceed 80 mph?

Well, that’s exactly what DEP has done for enforcing air pollution standards against polluters that emit hazardous air pollutants.

So let’s take a look at who suffers from that irresponsible DEP policy – it ain’t Christie’s restrictive covenant protected landed gentry and corporate crony and wealthy Foundation Fraud friends in Morris County:

diesel risk

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