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Archive for March, 2015

Liberty State Park “Cleanup” Bill Fails to Correct The Problem

March 17th, 2015 4 comments

New Meadowlands Regional Commission Should Have No Role in LSP

Park Advocates Negotiate a Terrible Compromise

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Yesterday, following an unusual marathon 2 1/2 hour presentation by the hydrogen fuel cell industry, the Assembly Commerce and Economic Development Committee approved a bill (A4196) designed to honor Assembly Speaker Prieto’s pledge to fix alleged mistakes in the Meadowlands bill rammed through the legislature a week before the new year’s holidays (see:

We previously explained the flaws in Prieto’s bill and why it would not solve the problem and still be used to promote development in LSP.

In a nutshell, we think it is obvious – by their own policy documents and public statements printed in the newspapers  – that the Christie DEP has an agenda to commercialize and privatize Liberty State Park and use the park as a revenue generator. We think that agenda fundamentally conflicts with basic principles of public park planning and management.

Our main technical argument with the new Meadowlands legislation is that because parks lease and concession revenues are now Constitutionally dedicated to the Open Space fund – which restricts their use and can only be allocated in the budget appropriations process –  that DEP is using the new Meadowlands Commission to evade this revenue restriction.

Specifically, development projects in the park would be “a project of the commission” (see page 26), not a DEP State park. This provision could be used legally to dodge the revenue dedication.

Jeff Tittel of Sierra Club argued that the same provision – development as “a project of the commission” – is designed to evade the Ogden/Rooney process for leases/conveyances of state lands, which requires public hearings and State House Commission approval.

So we thought our friends at Friends of Liberty State Park fully understood that too, particularly in light of Sam Pesin’s kick ass letter just 1 month ago, see:

So we were shocked and extremely disappointed to hear Sam and Deb Mans of NY/NJ Baykeeper testify in support – that’s right support – of Prieto’s flawed bill.

They negotiated and agreed to minor cosmetic amendments that do not address the underlying problems with the bill and will continue to promote commercialization and development of LSP without adequate public review.

With no public discussion with all the groups and people involved in the LSP battle, Baykeeper and Pesin negotiated a terrible back room compromise that seems more like it’s about protecting Prieto and Democratic legislators than LSP.

I don’t blame Sam Pesin or FLSP for this, I think Sam was manipulated by Deb Mans of Baykeeeper into accepting a terrible compromise as the “best deal” they could hope to get.

Their deal must be opposed by all supporters of Liberty State Park.

[This is a winnable battle: parks supporters have a strong principled argument and are well organized. Their efforts already won victories in restoring parks funding in the open space implementation bill, generated huge press coverage and editorial support, and forced Speaker Prieto on the defensive.  Which makes the fact that they cut a bad compromise at this point completely bizarre.]

  • Here are some basic and non-negotiable facts

First of all, Liberty State Park is not located in the Meadowlands, so the Meadowlands Commission should have no jurisdiction there. None.

Second, the Meadowlands Commission has no institutional history, capacity or expertise in park planning or management. So, again, the Meadowlands Commission should have no role. None, zero, zilch, nada.

[update – this comment is over the top and not accurate – Meadowlands has experience – see comment below]

Third, the LSP amendment was quietly requested  by the DEP and stealthed into a severely flawed piece of complex legislation and rammed through the legislature before people and legislators could read or remotely understand what the bill would do.

Fourth, AFTER the bill was approved by the Legislature, the Bergen Record disclosed the fact that DEP had secretly – with no public contracting or planning process – laundered $120,000 to the corporate oriented planning group NJ Future to conduct a planning study of development potential in Liberty State Park.

That’s right, a planning study about development in LSP – done by a private development planning group and with no public participation.

Interestingly, even NJ Future opposed Prieto’s bill yesterday.

We believe that Governor Christie’s “Sustainable Parks Strategy”, which seeks to use State Parks to leverage revenue generation – through commercialization, privatization, and increased user fees – is driving the DEP’s LSP development schemes.

Accordingly, the LSP amendments can only be perceived as in bad faith and the means to implement some kind of covert agenda for the park that would never withstand public scrutiny and must be done covertly.

The only acceptable “cleanup” bill must delete all jurisdiction and role of the Meadowlands Commission in Liberty State Park.

The NY/NJBaykeeper & Pesin compromise must be rejected.

We will work to do that via Assembly floor amendments that strip the LSP from the new law and with Senate sponsors. We urge you to join that effort.

In addition to blocking any Meadowlands Commission role at Liberty State Park, real statewide parks system reforms require  passage of new legislation that would that mandate that any significant DEP parks planning and development projects be subject to a public planning process and comply with some standards to preserve the integrity of the public park as public space, ensure full public access, enhance design and aesthetics, and protect the natural resources of the parks.

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Thank You To Pinelands Commissioner Robert Jackson

March 17th, 2015 No comments

Ousted For Integrity, Thoughtfulness, & Independence

By A Vindictive Governor Christie With the Support of Senator Sweeney

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Robert Jackson — A resident of Middle Township in Cape May County, Robert Jackson joined the Commission as a gubernatorial appointee in June 2008. Mr. Jackson served as the Mayor of West Cape May from 2001-2005. He is currently the Legal Redress Chairman of the Cape May County National Association for the Advancement of Colored People (NAACP) and is the President of the Board of Cape Human Resources. In addition, he is a member of the New Jersey Natural Areas Council. An avid surf fisherman, Mr. Jackson has a background in marine environmental studies and is a former owner of a surf fishing center.

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Times In Sweeney – Christie Trenton

March 17th, 2015 No comments

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Gov. Christie’s Attack on the Clean Water Act in Iowa Is Exactly the Same as His Policy In NJ

March 15th, 2015 No comments

Christie Opposed Barnegat Bay TMDL On Same Grounds As Iowa & Farmers’ Lawsuit on Chesapeake Bay

Christie Echoes ExxonMobil’s Attack on Clean Water Act

The Pundits Reveal That They Know Nothing About Policy

[Update below – Stile clarification]

Gov. Christie’s recent attacks on the Clean Water Act and EPA regulations in Iowa reflect exactly the same policies he has pursued in NJ for over 5 years.

Any claim that Christie’s rhetoric is of recent vintage or merely done to advance his presidential campaign ambitions is a flat out lie.

Yesterday, I wrote about the myth that says Gov. Christie has recently made a radical shift to the right in policy and rhetoric to appease right wing primary voters and attract corporate campaign cash.

Today, we can see that myth perfectly illustrated in Charlie Stile’s column in the Bergen Record: Christie’s calibrated turn to the right.

I think Stile’s premise is completely wrong and explained why in yesterday’s post, so we’ll just leave it at that.

But, since I had planned on writing about Christie’s Iowa attack on the Clean Water Act today anyway, I must respond to these two claims Stile makes, which are flat out wrong and deeply misleading:

In recent stops along the 2016 preprimary and precaucus campaign trail, Christie has touted his antiabortion credentials, cast himself as a fierce foe of environmental regulations, shifted from supporter to skeptic on Common Core teaching standards, and advocated a “fairer, flatter federal tax system” — a remark that aligns him with anti-tax conservatives like publisher Steve Forbes and other potential conservative rivals in 2016. …

At last week’s Iowa Agriculture Summit, Christie denounced proposed federal water regulations that could affect small farmers as a “power grab” from Washington. The crowd responded with hearty applause.

So, according to Stile, who supports his conclusion with absolutely zero evidence, Christie merely “cast himself” as a fierce foe. He just recently contrived, or threw together, that rhetoric to appease right wing primary voters.

If that’s the case, if Stile is right, then Christie is not in fact a “fierce foe of environmental regulations” – it’s all just for show and to promote his political ambitions.

Amazingly, that is the exactly the same story Brigid Harrison  also tells us in her Op-Ed in today’s Record:

He [Christie] has done this simply because his presidential aspirations dictate espousing policies that may go against New Jersey’s best interests, its popular will and even his own personal viewpoints.

Again, if Harrison is right, then the policies that Christie espouses for the campaign primary voters are not his real policies, and even “go against … his own personal viewpoints.”.

In other words, Christie is a moderate and a good guy, he’s just posturing for the campaign trail.

Brigid provides no evidence to support her conclusions – she just knows this to be true because, she even knows the Governor’s “personal viewpoints”!

Well, Stile and Harrison are dead wrong.

And there is plentiful evidence that proves their unsubstantiated assertions are dead wrong.

As I’ve written scores of times, here are the facts, presented in summary fashion because I’ve been over this ground so many times in detail.

Maybe we can get some political traction with the linkage to ExxonMobil.

  • “Fierce foe of environmental regulations”

Christie has been a “fierce foe of environmental regulations” since 1 hour after the polls closed in November 2009, when he bragged to the NY Times, see Christie Pledges to Fight on Taxes and Business Rules

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 and find ways to lower crushing property taxes, the nation’s highest.

Christie touted the fact that his first move in office would be to impose a moratorium on regulations.

He delivered on that promise.

In the first hour of the first day in Office,he issued these sweeping executive orders:

His DEP has implemented that anti-regulatory agenda.

Here is DEP Commissioner Martin’s “Transformation Plan”, a systematic and across the board attack on regulations and a dismantling of regulatory enforcement (perfectly consistent with the Exxon deal):

  • Traditional prescriptive regulation cannot keep pace with the ever changing world in which we live.
  • We must enable ourselves to have greater flexibility with our regulations. Too often, we tie our own hands by adopting regulations that were developed using a one-size-fits-all approach.
  • We must reaffirm that each program’s decision making process reflects the new vision for the DEP. Managers must identify and enact regulatory reforms that reflect the Executive Orders issued by Governor Christie.
  • Regulation reforms that streamline our work are key.
  • Program regulations are too complex and prescriptive. Some regulations are overreaching
  • Air Quality Regulation. This program is criticized by external, internal DEP and other State agency stakeholders as being more stringent than federal regulations, overreaching, over-regulating and expensive due to fees. Program regulations are too complex and prescriptive.

Christie himself just bragged in Iowa that he spent the last “5 years” “dismantling” NJ’s climate and environmental programs, a fact that both Stile and Harrison ignore.

  • Attack on Clean Water Act

Quoting Christie only about a “power grab” from Washington, Charlie Stile left out critical parts of Christie’s attack on the Clean Water Act.

Here’s the policy basis for his attack, – which clearly show his anti-regulatory policy that prefers market based voluntary local control over government regulatory mandates.

As reported in the Star Ledger:

“We should let farmers, the local associations here, and state governments, work together, in all our different states, to deal with those type of things,” said Christie, who said that such market-based intervention should be “voluntary, but not optional.”

Farmers should be in charge of devising these solutions, along with government here, and their (trade) associations — not with some big, top-down program from Washington D.C.

Without going into a lot of detail (hit this link for the documents), the Clean Water Act regulations Christie attacked involve the scope of EPA’s jurisdiction under the Clean Water Act – farmers view those as a back door to EPA regulation of land use and farming practices.

Consistent with those farmers’  objections to expanding EPA jurisdiction and regulating land use, the Christie DEP has rejected recommendations from DEP’s own scientists on expanding DEP regulations to protect stream buffers.

Farmers have politically organized to attack EPA to block that rule – and EPA has replied to massive lies by the corporate agribusiness lobbyists.

But it’s not just Iowa farmers who attack EPA and the Clean Water Act, it’s Christie’s friends at ExxobMobil too. Read Exxon’s attack – it is the same as Christie’s:

If this proposed rule is finalized early next year, dry stream beds, isolated farm ponds, lowland ditches, and any other water under a case-specific determination by the EPA could become federally-protected “waters,” with status equal to “navigable waters.” This would give EPA and the Army Corps of Engineers say over how – and even whether – millions of landowners can use their property.

Allowing EPA to extend its authority this way will be bad for many sectors of the economy, particularly agriculture and energy.

The same set of issues arise in the EPA’s Clean Water Act cleanup plan for the Chesapeake Bay known in the jargon as a “TMDL”.

Not surprisingly, farmers have made exactly the same political, policy, and legal arguments in a lawsuit to block the EPA’s Chesapeake Bay TMDL under the Clean Water Act, see:

The Iowa AG joined other farming states in filing an amicus in US Appellate Court case.

Here is what that Iowa State amicus brief argues – in the first sentence echoes Christie:

The District Court’s decision approving the Chesapeake Bay Total Maximum Daily Load for Nitrogen, Phosphorous, and Sediment (TMDL) defies the limits of the Clean Water Act and strips States of their traditional right to make the land-use decisions necessary to comply with federal water quality standards.  (@p.1) … 

In addition to the federalism costs, the Chesapeake Bay TMDL imposes significant economic burdens on the States. The Chesapeake Bay TMDL will cost tens of billions of dollars to implement. (@ p.18)

Gov. Christie’s criticisms of the Clean Water Act in Iowa are that costly federal top down regulatory mandates should be abandoned in favor of voluntary local control and not limit land use.

That argument is EXACTLY the same policy he has pursued in NJ, best illustrated by the Barnegat Bay, where he has refused to implement a TMDL.

Despite overwhelming science, DEP has refused to declare the Bay “impaired” because that would trigger federal EPA Clean Water Act mandates under the TMDL program.

Despite overwhelming science that says that DEP lacks protective State water quality standards to protect the Bay, DEP has refused to strengthen State clean water regulations.

Christie vetoed legislation that would have required DEP to implement a  TMDL in Barnegat Bay. 

Here is his conditional veto message:

Since a total maximum daily load is ultimately an enforcement tool under both state and federal law that compels parties to implement measures to reduce the amounts of pollutants they discharge, which can impact private and public budgets, it must as a matter of good policy be developed on the basis of sound science and not mere directive. 

Gov. Christie’s attacks on the Clean Water Act and EPA regulations in Iowa reflect exactly the same policies he has pursued in NJ for over 5 years.

Any claim that Christie’s rhetoric is of recent vintage or merely done to advance his presidential campaign ambitions is a flat out lie.

[Update – before I wrote this, I sent Charlie Stile a note taking exception to his column – in fairness to him, since I’m so harsh in criticism, here’s his clarification (printed without permission):

I wasn’t intending to suggest he was a moderate on environmental issues, just that he was putting a new hardline emphasis on his record. An extra sentence might have clarified that point.

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On Climate, Energy, & Environmental Issues, It Is A Myth That Christie Was a Moderate and Just Recently “Pivoted” To Appease Right Wing Primary Voters and Corporate Donors

March 14th, 2015 No comments

The Campaign “Pivot” Myth Absolves Christie Collaborators of Responsibility:

If Christie radically changed recently, then he wasn’t so bad at the outset

If he wasn’t so bad at the outset, then enablers were not fools, knaves, or cowards

See how that works?

  • With respect to the responsibility of intellectuals, there are still other, equally disturbing questions. Intellectuals are in a position to expose the lies of governments, to analyze actions according to their causes and motives and often hidden intentions. In the Western world, at least, they have the power that comes from political liberty, from access to information and freedom of expression. For a privileged minority, Western democracy provides the leisure, the facilities, and the training to seek the truth lying hidden behind the veil of distortion and misrepresentation, ideology and class interest, through which the events of current history are presented to us. The responsibilities of intellectuals, then, are much deeper than what Macdonald calls the “responsibility of people,” given the unique privileges that intellectuals enjoy.   ~~~ “The Responsibility of Intellectuals” Noam Chomsky (1967)
  • One of two Republican governors elected in 2009, Christie may offer a template of eco-dismantlement for other gubernatorial hopefuls seeking to capitalize on anti-government sentiment. Since many of the DEP programs operate under federal delegation with national minimum standards, Christie’s actions set him on a collision course with the U.S. Environmental Protection Agency, headed by former DEP Commissioner Lisa Jackson. ~~~ CHRISTIE OUTLINES RADICAL ECO-ROLLBACK IN NEW JERSEY – Bill Wolfe, March 15, 2010

Figure this one out:

Despite candidate Chris Christie’s 2009 campaign YouTube videos where Christie said he was looking forward to fights with the Obama EPA; or a dog whistle platform that was code for regulatory rollback obvious to anyone who was paying attention, or a savagely critical DEP Transition Report; or the radical set of anti-regulatory Executive Orders #1 – #4 issued the first hour of his first day in Office; or his appointment of a DEP Commissioner with no environmental training or experience but a “customer service” based DEP “Transformation Plan”, or daily use of red meat right wing slogans like “job killing red tape”,  or a series of radically anti-environmental policy moves, can you recall 1 news story over the last 5 years – or editorial for that matter – that specifically reported as a fact or accused Gov. Christie of knowingly, intentionally, and as a matter of policy of “dismantling” climate change or environmental programs?

Reports that Christie was intentionally “dismantling”?   I can’t – not one (in the mainstream press – of course, we wrote that almost daily here).

The best I can recall the press offering up is Drewniak or a DEP Press Office hack Ragonese attacking Jeff Tittel or myself – as a “disgruntled former employee”  that was making “completely ridiculous and irresponsible” claims – for Tittel making such absurd, false, and irresponsible claims and partisan attacks.

Or, when that dismantling door opened a crack and let out a ray of truth, even in marginal publications, Christie had cover:

Defending the [regulatory] freeze

When contacted for comment, Pringle emphasized that the [DEP Transition] report makes no specific recommendations for weakening environment regulations and that most of its directives call for reevaluation, which could take the direction of strengthening laws.

During the committee’s deliberations, he said, “When somebody would propose something, I’d say, ‘Okay, but you can’t undermine environmental health protections, and they’d say, ‘Of course, of course.’ It’s an open question whether our standards of environmental protection and theirs are the same. [NJEF] endorsed the Governor because he made strong commitments to protecting the environment during the campaign, and having worked closely with him, I think he’s committed to the same standards that we have.”

Dave, you were played – you fell for the equivalent of kissing babies. Don’t mean to single you out, so did a lot of other folks we’ll get around to calling out here.

So, after 5 years of this “Christie is a moderate” bullshit, how are we now supposed to process this statement – from the horse’s mouth (or was it the horse’s ass?) – in another proud Christie YouTube moment?:

The EPA Administrator in the Obama Administration who started this entire power grab  – a woman named Lisa Jackson – where does she come from? New Jersey.

She was Jon Corzine’s environmental protection Commissioner when Barack Obama recruited her to come to Washington D.C.

I spent the last 5 years dismantling the overreach that she did in New Jersey and our environmental protection area.

Get that everybody?

Gov. Christie just bragged about dismantling NJ’s climate, energy, and environmental programs.

If he just took credit for doing that “dismantling”, why was that never reported by the NJ press?

  • The responsibility of the intellectual

I am going to use Chomsky’s notion of the “intellectual” very broadly here, to include anyone with access to information and/or knowledge that can expose the political lies and abuses of those in power. My loose definition is not limited to those with academic positions in the University. (and the original source, the writings of Dwight MacDonald in the 1940’s are even more powerful that Chomsky’s).

At the same time I want to broaden Chomsky’s  notion of “intellectuals”, I want to narrow and shift his focus from foreign policy and war – i.e. “to what extent the American people bear responsibility for the savage American assault on a largely helpless rural population in Vietnam” – to NJ’s environmental policy scene, which is no less savage but a lot less visible.

Chomsky’s essential question remains apt for our purposes:

As for those of us who stood by in silence and apathy as this catastrophe slowly took shape over the past dozen years—on what page of history do we find our proper place? …

IT IS THE RESPONSIBILITY of intellectuals to speak the truth and to expose lies.

We saw a superb example of Chomsky’s “responsible intellectual” recently, when someone on the inside of DEP or the Attorney General’s office in a position to know leaked the Christie Administration’s Exxon Settlement to the NY Times.

We saw another superb example of that when former DEP Commissioner Brad Campbell, someone with expertise and inside access to information, wrote an Op-Ed in the NY Times exposing that Christie betrayal as “an embarrassment to law enforcement and good government”.

Those individuals were “intellectuals” acting responsibly.

Still, these efforts fell short – public disclosures of wrongdoing should have been made BEFORE the Exxon deal was done to enable public interests a chance to organize and derail it.

Unfortunately, many similarly situated (broadly defined) intellectuals still are not now – and have not during the entire Christie Administration – acting responsibly.

They remain caught up in the web of deceit and duplicity of the Christie regime – or focused on careerist ambitions and staying safely under their desks and below the horizon.

Or worse, they are busy creating self serving myths to absolve themselves of a range of questionable judgements and behaviors, from outright quisling collaboration with Christie, to cynical transactional or opportunistic accommodation of Christie, or playing a role in creating and crafting the Christie narrative and inflating the Christie bubble (Blue Fleece, anyone?), or merely sitting in silence on the sidelines – a cowardly self imposed sit down and shut up.

This US News story is perhaps the most transparent and egregious propagation of that myth – all of the myth makers are in there:

“Going back to Gov. [William] Cahill, at least, elected in 1969, every New Jersey governor has by the end of his term become an environmental governor,” says John Weingart, associate director of the Eagleton Institute of Politics at Rutgers University. “In a number of cases, that was not even remotely on the horizon when they were elected. But for a variety of reasons – some of them idiosyncratic for that moment – they have gotten behind a major environmental initiative, and that’s come to define their administration in part.

“That has not happened with Christie, and there aren’t particular indications that it will.”

Wow! So Christie just hasn’t come around! And there is “no particular indication that he will” – what a harsh slam on Christie! Tell us what you really think now John! Go bro!

You are less critical of the Gov. than he is of himself – Coming around ignores the 5 years of “dismantling” the Gov. himself brags about.

One might ask: where the hell has that intrepid and harsh academic critic Mr. Weingart, safety ensconced at Rutgers, been for the last 5 years when Gov. Christie was “dismantling” NJ’s climate and environment programs? Hiding under his desk?

Where were all the other US News sources quoted and highly praised (as “policy wonks” and “experts”) and relied upon in that US News and World Report story?

  • Who are the “irresponsible intellectuals”?

In addition to the opportunistic johnny come lately myth makers, there is another set of Christie enablers and promoters.

I am talking specifically about the cynical Sweeney/Norcross/Adubado machine Democrats, who cut corrupt and politically damaging “bi-partisan” deals with Christie.

I am talking about the NJ media who created the Christie monster: whose cheerleading, editorials, and endorsements inflated the Christie bubble; and whose lack  of curiosity and courage failed to examine or tell the truth about the Christie regime and its policies.

Of course there were exceptions – What’s Wrong With Christie’s Government is still one of my favorites – and NJ Spotlight has been a persistent voice of clarity.

In that abdication by the NJ press corps, it’s no accident that the national press corps had to step in an fill the breach: e.g. all the disturbing facts in the devastating criticism in The National review’s piece “Chris Christie’s Entire Career Reeks” were well known to the NJ press corps.

But the NJ press corps never wrote that critical story. Why? And they only became emboldened critics after Bridgegate.

I am talking about professionals in State government and the academics and environmental professionals who knew exactly  what was going on but never had the courage to blow the whistle or even leak documents that would expose the abuses.

I am talking about self serving environmental groups, some of whom politically endorsed Christie in exchange for policy commitments he failed to honor; to others who were equally corrupt in taking money from the Christie DEP in an implied quid pro quo to withhold criticism; to others who worked with the administration and withheld criticism of its policies in hopes of favorable policy concessions or program funding; or to others who simply sat by in silence and worked on non-controversial issues to avoid conflicts with the Administration.

And last, but not least, I am talking about NJ’s philanthropic foundations who fund this irresponsibility and cowardice – including the Dodge Foundation, who advised at least one grant recipient to “tone it down” on the criticism of the Governor.

A pox on all your houses.

  • What is the Myth of the Christie “Pivot”?

The myth that Gov. Christie was once a moderate on the environment, but radically changed, has been building for some time.

It began as buyers remorse by the NJ Environmental Federation who had endorsed Christie in exchange for specific policy commitments, all of which Christie reneged on.

NJEF crafted this myth to avoid criticism and it began early – perhaps the meeting with the Koch brothers stories was one of the earliest expression of the radical change. Others built on that myth for many of the same reasons.

We see it most clearly in this very recent US News and World Report – just look at the sources and the myths they construct:

Oil Baron of the Pine Barrens – Chris Christie campaigned for governor as a moderate who backed clean energy. After a meeting with David Koch, that changed.

Oil baron of the Pine Barrens?

Does this national reporter even know where the Pinelands are?

Maybe he should tell his “expert” “policy wonk” sources that Gov. Christie himself bragged about dismantling at that their tepid remarks fall short?

I know how nation media outlets parachute into a state political landscape they are unfamiliar with and search for sources. They ask sources for other sources – and typically fall into an echo chamber, where like minded folks circle the wagons and get their stores straight – or their myths in this case.

That story just perfectly shows that the reporter had to be spun to produce that story, which is the smoking gun showing exactly how manufactured a myth it really is.

Not even the Star Ledger – outraged by the Planned Parenthoood “lie” – would go there.

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