WolfeNotes.com

Log and Pave Paradise – Just Call It Improvements

Yesterday, during testimony on the Open Space funding bill, Jen Coffee of ANJEC made an important point by noting the fact the the definition of “Stewardship” in the bill (S2769) included the word “improvements”, which could include things like cutting down forests to build parking lots.

She wisely recommended that the word be deleted from the definition of “stewardship”.

But, I wonder why Jen didn’t similarly object to the fact that the word “improvement” also is in the the definition of “development” . That word defines projects that are eligible for Open Space funds.

Thus far, the debate about abuses of the vague term “stewardship” has focused on things like commercial logging of State forests, under the guise of providing forest diversity and early successional habitat for certain birds.

Anyway, Jen’s observation jogged my memory so that when I got up to testify, I was sure to recall the notorious “improvements” that the Lisa Jackson DEP built at the pristine Ken Lockwood Gorge – which included a paved road, parking lots, and docks jutting out into the river (see below)

DEP did similar destructive “improvements” at Baldpate Mountain and Washington Crossing State Park in Mercer County, see:

• Pave Paradise – Put Up a Parking Lot

• Green Fakers

• More Crazy Development in Parks – Washington Crossing State Park

At any rate, we’re sure you too have examples of similar egregious abuses to state lands and parks under the guise of “improvements”. It is important that these abuses be documented now and amendments to the open space bill advanced to prevent future abuses.

We’ve recommended that “Stewardship” be deleted and not funded  to avoid these kind of absues

Regardless, we urge yo to send your cards and letters about your own experience with “improvements” to Senator Smith at   senbsmith@njleg.org

And if you have photos, we’ve be glad to post them here.

Below we repost the Ken Lockwood Gorge outrage:

Destroying Nature to Make It “Accessible” – Paved Road, Parking Lots, Piers, and Pipes to “Improve” Pristine Ken Lockwood Gorge

Failure to report that NRD dedication was in introduced version of open space Resolution distorts reality

Maybe the dots I connect in closing and all this will finally get reported, after the NJ press corps read today’s NY Times story.

NJ Spotlight reports that the Senate yesterday released a bill that is portrayed as a reform measure in light of the Christie Administration’s Exxon betrayal:

The Senate Budget and Appropriations Committee approved a bill (S-2791) that would ensure one-half of the money recovered for environmental damages from waste sites would have to be used for restoration and cleanup. The move, if approved, would prevent most of the settlement money going to plug holes in the state budget.

That sort of diversion has happened in the past, most recently in a case involving dioxin pollution in the Passaic River. Of a $190 million settlement, $140 million was allocated to the general fund, instead of to restoring the river.

The Legislature sought a similar provision in last year’s state budget, but it was blocked by Gov. Chris Christie.

That appears to make Senate Democrats look good and blame the Governor, right?

Spotlight now joins the rest of the media in failing to report the critical fact that Constitutional dedication of ALL – not just a 50% meaningless legislative earmark – NRD settlement revenues was included in the introduced version of the open space Resolution, SCR84 (see lines 31 – 35, on page 3):

The SCR84 was introduced on Feb. 27, 2014, BEFORE the Passaic settlement was announced and BEFORE the $50 million cap on NRD was inserted quietly in the budget at the end of June. SCR84 was sponsored by Senator Smith.

The NRD dedication was stripped from the Senate Committee Substitute approved by the Budget and Approrpriations Committee on June 5, 2014, see: SCR84 (SCS) – again BEFORE the Gov.’s budget $50 million cap.

Senator Sarlo Chairs that Budget & Appropriations Committee. Sarlo stripped the NRD dedication he now appears to be protecting.

But Sarlo could not haves stripped the NRD provision without the support of Senator Smith, the sponsor.

Failure to report this critical compromise – what I have called one of the worst blunders ever – only protects the reputations of the Keep It Green Coalition and the sponsor, Senator Smith and SBA Cmte Chairman Sarlo.

Failure to report the facts also distorts the political reality and puts Senate Democrats in a positive light and make the problem appear to have been created recently and exclusively by Gov. Christie.

Why is that fact not getting reported?

That failure to retain the NRD revenue dedication has already cost the Open Space program $314 million, from just the Passaic and Exxon deals alone, about 4 YEARS with of revenue.

A monumental blunder worthy of reporting, no?

Especially since the 50% settlement offer now on the table is peanuts. And the Gov. will not sign the bill anyway.

Meanwhile, had KIG and Democrats gutted the NRD dedication, then the voters could have bypassed the veto threat of the Gov. by including NRD in the approval of the ballot Q (ballot questions are done by Resolutions passed by both houses of the Legislature and do not require the Gov.’s signature like legislation does)

BTW, even if the Senate 50% share of NRD revenues to restoration bill is signed into law by the Gov., the NRD revenues could still be diverted in future budgets, so the bill is not only a cover story, it is meaningless.

And, historically, virtually the entire business community, OPPOSED dedication of the NRD settlement revenues, because that would give DEP an incentive to aggressively enforce the NRD program to fund the popular Open Space program.

Since the Whitman Administration, the business community have opposed being “the ATM for the Million Acre goal”. (Hal Bozarth and Jim Sinclair’s slogan)

The business community strongly opposed the McGreevey DEP’s procurement of special litigation Counsel Kanner as a “hired gun” involved in a “shakedown operation”. (Hal Bozarth and Jim Sinclair’s slogan)

So, by opposing the NRD dedication, the Keep It Green Coalition did the polluters’ bidding.

These are all important historical facts – When will this get reported?

Maybe after the NJ press corps read today’s NY Times story?

This Was No “Lie” or Campaign “Pivot”

Don’t Say You Weren’t Warned

But Not By NJ Press Corps

• “For immediate relief from regulatory burdens, State agencies shall ... (Gov. Christie, Executive Order #2, 1/20/10

• “What we call for is common sense regulation, we don’t call for less regulation, we call for common sense regulation.” ~~~ Gov. Chris Christie, Trenton, NJ 6/17/10 WABC TV News

• “I spent the last 5 years dismanting the overreach that she [NJ DEP Commissioner Lisa Jackson] did in New Jersey and our environmental protection area.  ~~~~ Gov. Chris Christie, Iowa, 3/7/15

 

Last week, when Gov. Christie told Iowa Republican primary voters that he slashed Planned Parenthood funding because he was ideologically pro-life, NJ media went into full blown blistering attack mode.

The Star Ledger editorial board, in a blaring headline used the “L” word and flat out called Christie a liar. They wrote:

• Christie lied to us about Planned Parenthood, but not at CPAC

It was interesting to hear Gov. Chris Christie finally admit he was flat-out lying about his reasons for vetoing funding to Planned Parenthood, as many charged at the time. It happened when he was bragging about his pro-life credentials at the annual CPAC conference attended by conservatives, a chance to woo the party’s base.

WNYC, NJ Spotlight, and reporter Matt Katz toned that L word down somewhat but still, they dedicated a radio broadcast and highlighted the Governor’s lies, but they called them a “pivot”

• CHRISTIE PIVOTS

But where is the NJ media’s expression of outrage when Gov. Christie goes full out on offense and openly and aggressively brags to Iowa primary voters about the fact that he is proud that he has spent the last five years “dismantling” climate change and environmental protections?

They can’t do the Claude Rains “I’m shocked” he said that, because Christie announced that that was his policy goal in the first hour of the first day of his Administration, when he issued 4 sweeping Executive Orders that attacked and rolled back environmental protections.

Funny, the NJ press corps NEVER ONCE REPORTED ON THAT REGULATORY POLICY. NOT ONCE.

Repeat: Governor Christie issued 4 unprecedented, sweeping, Executive Orders – including a moratorium on regulations – targeting and rolling back NJ’s State legacy of environmental and public health protections – in the first hour of his first day in office – and the NJ press corps never reported that story. Just part of a remarkable across the board abdication.

They also never reported on the numerous policy, institutional, program, and personnel  dismantlings that went on within DEP – particularly climate policy.

We warned about the climate change programs and how they made Sandy worse (see the investigative documentary series  “Years of Living Dangerously” – Episode 5).

That’s why they can’t express faux outrage and shock now – like the fake outrage they expressed over the Planned Parenthood remarks.

They were complicit cowards in their silence.

The very little reporting they did do on environmental policy stories was always presented as a he said/she said – typically with a red meat sound bite by Jeff Tittel.

And those stories were NEVER reported as a conscious Christie policy and intentional strategy to “dismantle” climate and environmental protections for policy reasons.

We repeatedly warned you even before the election, where I said this about his campaign platform:

The fact that none are offered in the Christie plan reveals that this is just a DEP dismantling exercise.

I warned before Christie was sworn in as Gov., based on his comments during the 2009 election, with this post, where Christie pledged to attack Obama EPA regulations (watch the YouTube video).

We reported the Christie Executive Orders at the time he issued them – as well as all facets of the “dismantling”  he now brags about in HUNDREDS of posts over the last 5 years.

Very few stories were ever written by NJ reporters about any of that and there were even fewer editorials expressing outrage.

There was one NY reporter, a TV reporter – the only reporter I am aware of that EVER asked Christie a direct question about Executive Order  #2 “regulatory relief” policy – ,Jim Hoffer from WABC TV news, who asked Christie a question about Executive Order #2 “regulatory relief” policy – you can watch the Governor flat out lie about that here – ironically it was about the Bayway refinery: ( – at time 2:28 – transcript)

Wolfe says the massive spill in the gulf occurred because B-P cut corners on safety while the regulators looked the other way. Wolfe says Gov. Christie is making the same mistake, by issuing executive orders.

Bill Wolfe:  – “This executive order will put into force of law, the exact same policies that led to the disaster in the Gulf.”

Eyewitness News Reporter Jim Hoffer: – “You’re saying that this executive order will bring the polluters and government to an even cozier kind of relationship?”

Wolfe: “Right, it will make government facilitate, not regulate, but actually promote the interest of the polluters, protect the polluters, not the people of the state.”

Governor Christie, who months ago called for a ban on all oil and gas drilling off the Jersey coast, disputes claims he’s weakening the state’s environmental oversight.

Governor Christie: “There’s none of that stuff going on. I don’t know where you’re getting that from but none of that is going on.” 

Hoffer: “In your executive orders when you call for less regulation?” 

Governor Christie: “No, what we call for is common sense regulation, we don’t call for less regulation, we call for common sense regulation.”

So, for the record, here is what Gov. Christie just said in Iowa, which is nothing different than he said before the 2009 reelection and did throughout his administration (you can watch here):

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 dismanting the overreach that she did in New Jersey and our environmental protection area.

So, I understand what this administration’s attitude is, because I’ve had a first hand look.

So, we’re doing exactly what we need to do – and we need to make sure we do that at the EPA.

Where’s the outrage over that?

Senate Environment Committee Condemns Christie ExxonMobil Deal

Senator Lesniak: “This is about restoration and reparation”

Chairman Smith: Deal “shocks the conscience”

The Senate Environment Committee hearing room was standing room only this morning.

(I will write about the ExxonMobil deal in a subsequent post – I am now reading the DEP’s $8.9 billion NRD Restoration Plan.)

[*Update – since Sean Sullivan at Star Ledger has a good story, think I’ll hold off on that NRD post. I don’t have a lot to add to what I’ve already written and it’s going to take more time to digest the DEP’s Restoration Plan – plus I came across some EPA RCRA documents I want to critique as part of that.

One thing I will note here is that Senator Lesniak’s testimony emphasized and echoed my prior post about the distinction between remediation and restoration – and why the deal is even WORSE than its been portrayed in media.  end update]

I sat through hours of testimony from historic preservationists, farmland preservationists, and open space advocates – all with their hands out asking for more money.

At least the woman with the red wig who went to Atlantic City with her $100,000 bank heist knew she was handling stolen money.

But not the Keep It Green – Greed Coalition.

They all sat around and praised and congratulated each other for their fine work.

I’ve written about these issues numerous times – most recently on water program cuts –  so let me cut to the chase now.

After stealing $71 – $80 million from core DEP programs and inserting a punitive provision into law that prohibits DEP site remediation program from using existing Constitutionally dedicated CBT funds for staff salaries, members of the Keep It Green Coalition today had no regrets.

They didn’t even make quiet noises about “tough choices” or even mention the importance of restoring cuts to the DEP’s “green side” and natural resources.

Nope – nothing.

No regrets, no shame, and no recognition that their theft will have serious negative consequences for key programs that operate across the state if funds are not restored in the budget process.

Instead, they called for more restrictions on DEP parks staff funding, while calling for increases in administrative costs and staff funds for their organizations, and more funds for their pet “stewardship” projects.

I made the following points:

1) Legislators and the various advocates of the Open Space – with their hands out today – will need to work just as hard to support restoration of the DEP program cuts that will result from the money they have stolen.

2) The funding plan completely ignores huge unmet and long ignored needs, including:

• urban parks
• urban forestry
• community gardens

[Clarification: The bill provides: In addition, the bill provides that a local government unit or a qualifying tax exempt nonprofit organization may use a grant or loan for recreation and conservation purposes for the construction of a community garden.

• urban farmers markets in “food deserts”
• Afforestation and carbon sequestration

3) the terms “stewardship” is vague and prone to abuse. It should be strictly limited or deleted. Public funding should be zero.

4) At a time when for DEP programs are being slashed and public employees laid off, all non-profit funding should be zero.

NJ Audubon, NJ Conservation Foundation, and Land Trusts have large staffs and are well endowed elite organizations. Their Boards are comprised of elite individuals and corporations and they serve wealthy land owners and corporate speculators.

They are not Habitat For Humanity. Let them hold fundraisers.

The incredible irony is that the Open Space program has been justified primarily as protecting land and water resources.

The most cost effective policy tools to protect land and water resources are: DEP planning and land use regulations and limits on water supply and wastewater infrastructure and capacity. They have resulted in the strongest development restrictions.

Yet those very DEP programs – plus their science support – are the programs that are slashed by open space!

The costs (negative impacts from the programs that are cut) exceed the benefits of open space.

We don’t pay polluters not to pollute – so why do we pay private land owners and developers not to destroy natural resources, consume water, and pollute streams?

I’m beginning to think of Open Space funding as a form of privatization – a shifting of resources from public institutions and regulation that provide broad public benefits, to fund private groups and wealthy landowners in narrow ways that provide primarily private and local benefits.

I followed that up with this quick note:

Arthur Kill, Linden NJ

That headline about sums it up.

these kids are just a “lost use”

The Arthur Kill and everything that used to be there before the Exxon petro-chemical- industrial-disposal complex is just a “lost use” – so eloquent a term.

EPA suggests it’s no use on lost use – and lost use actually protects public health. Isn’t that grand?:

DEP is seeking economic damages for “lost use” – how do you put a price tag on that?

Reminds me of the Marxist economic distinction  between “use value” versus “exchange value”.

Here’s David Harvey on that:

One of the contradictions you focus on is that between the use and exchange value of a commodity. Why is this contradiction so fundamental to capitalism, and why do you use housing to illustrate it?

All commodities have to be understood as having a use value and exchange value. If I have a steak the use value is that I can eat it and the exchange value is how much I had to pay for it.

But housing is very interesting in this way because as a use value you can understand it as shelter, privacy, a world of affective relations with people, a big list of things you use a house for. But then there is the question of how you get the house. At one time houses were built by people themselves and there was no exchange value at all. Then from the 18th century onwards you got speculative house building – Georgian terraces which were built and sold later on. Then houses became exchange values for consumers in the form of saving. If I buy a house and I pay down the mortgage on it, I can end up owning the house. So I have an asset. I therefore become very concerned about the nature of the asset. This generates interesting politics – ‘not in my backyard’, ‘I don’t want people moving in next door who don’t look like me’. So you start to get segregation in housing markets because people want to protect the value of their savings.

Then about thirty years ago people began to use housing as a form of speculative gain. You could get a house and ‘flip’ it …. [which in turn can cause bubbles, said Harvey].  Then all of a sudden a lot of people find they can’t have the use value of the housing anymore because the exchange value system has destroyed it.

Which raises the question, is it a good idea to allow use value in housing, which is crucial to people, be delivered by a crazy exchange value system? This is not only a problem with housing but with things like education and healthcare. In many of these we’ve released the exchange value dynamics in the theory that it’s going to provide the use value but frequently what it does is it screws up the use values and people don’t end up getting good healthcare, education or housing. This is why I think it’s very important to look at that distinction between use and exchange value…..

EPA tells us not to worry about stuff like this:

NJDEP and DHSS have issued statewide advisories against eating American lobster, American eel, bluefish, and striped bass. Therefore, the food exposure pathway for sediment is not considered complete.

Raritan river – striped bass, unsafe to eat. Lost use.