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Institute Rejects Industry Attempt to “Manufacture Doubt”

Strong Leadership by Chairman Cooper Stresses Science and Independence From Christie Executive Order

Solvay, North America HQ is West Deptford, NJ – a global corporation

In an extraordinarily contentious meeting, yesterday the NJ Drinking Water Quality Institute (DWQI) rejected chemical industry arguments and adopted a recommendation to Gov. Christie’s DEP Commissioner Bob Martin to adopt a Maximum Contaminant Level (MLC) for PFNA of 13 ng/L.

DEP sampling has found the highest PFNA levels in the world in NJ drinking water (in Paulsboro, NJ, near the Solvay Solexis plant) and the Delaware River.

The DWQI 13 ng/L recommended MCL is the lowest in the United States. While there is insufficient human health effects data available to establish a cause and effect relationship, studies suggest that PFNA poses significant health risks, including reproductive and developmental impacts on children. Due to a lack of adequate  human health data, animal studies were used as the basis of the DWQI recommendation.

In a prior post, I criticized DWQI Chairman Dr. Keith Cooper, suggesting that he was knowingly avoiding an essential scientific debate and insinuated that he might lack either the courage or integrity to defend the science and make tough decisions. I wrote:

As a scientist and an academic toxicologist, Rutgers professor Keith Cooper, PhD, Gov. Christie’s newly installed Chairman of the NJ Drinking Water Quality Institute (DWQI), certainly must be familiar with the compelling arguments of Professor David Michaels’ book “Doubt is their product – How Industry’s Assault on Science  Threatens Your Health”  and with Harvard Professor’s Naomi Oreskes’ work “Merchants of doubt – How a handful of scientists obscured the truth – from tobacco smoke to global warming“.

Both recent books amply document how corporate “scientists” have blocked, delayed, and weakened government’s attempts to regulate the public health and environmental risk of their products. […]

With Hal Bozarth, head of the NJ Chemistry Council sitting in the front row, of course Dr. Cooper did not want to talk about the fact that the chemical industry, including NJ based Dupont, is waging a war on his science and the work of the DWQI.

Of course he didn’t want to talk about “manufacturing uncertainty”.

I was dead wrong and I want to apologize to Dr. Cooper.

But, I also wrote that the chemical industry was engaged in a war on DWQI science and was pursuing a classic strategy to “manufacture doubt” in order to derail, delay, and weaken the DWQI’s efforts to make science based recommendations.

In that regard, I was absolutely correct and perfectly predicted the arguments of the chemical industry that were expressed at yesterday’s meeting.

A toxicological consultant for Solvay Solexis deployed a classic “manufacturing doubt” strategy, by stating (verbatim):

Available scientific evidence is not sufficient for regulatory decision-making … There is no evidence that PFNA causes toxicity in humans. … It is premature to regulate. …

The proposed MCL is based on an unprecedented uncertainty factor of 300,000 … we don’t know enough .. The recommendation is driven by uncertainty and assumptions, not toxicity data.

(see also:  Chemical Industry Mounting Behind the Scenes Attack on Drinking Water Protections).

Cooper began yesterday’s meeting by clarifying the DWQI’s role, distinguishing it from DEP’s regulatory role, and emphasizing that the DWQI was not subject to Gov. Christie’s Executive Order #2 (cost benefit analysis, regulatory relief, et al) and would base recommendations on the science and mandate established by the Legislature in NJ’s Safe Drinking Water Act.

Cooper did this to reject the chemical industry’s argument that they failed to comply with EO#2. In a prior post, I analyzed that debate, see:

• NJ Chemical Industry Invokes Gov. Christie’s Executive Order to Block DEP Drinking Water Standards for Toxic Chemicals

After a toxicological consultant for Solvay Solexis, the source of the high level PFNA contamination in Paulsboro, criticized the DWQI scientific analysis and recommendation, in a virtually unprecedented move, Dr. Cooper aggressively engaged the debate, defended the DWQI analysis, rejected her arguments, and limited her time.

WHAM! A total smack down of the chemical industry’s arguments on all grounds!

Cooper’s leadership was also an implied rejection of DEP Commissioner Martin’s criticism of prior DWQI science as “shoddy”.

Commissioner Martin testified to the legislature that DEP DWQI science was:

“shoddy, poor, not organized, and anecdotal” and that “there was little data and science to back it up”

That was always a load a crap so I salute Dr. Cooper in his aggressive defense of DWQI scientists.

Cooper pledged to submit the DWQI’s recommendation in a Report to DEP Commissioner Martin in no more than 2 weeks.

The ball will then formally be in DEP’s court.

Because Gov. Christie’ EO#2 “regulatory relief” policy and because DEP Commissioner Martin has ignored prior DWQI recommendations for almost 6 years, it will take strong public pressure, backed by media and legislative oversight, to get Martin to actually propose a MCL regulation to implement the DWQI’s recommendation.

However, it may be more difficult for Martin to sandbag the DWQI’s PFNA recommendation, because the DWQI was “acting at the direction of Commissioner Martin“, as the DWQI noted yesterday.

More to follow on this set of issues.

Activists Call For Constitutional Amendment to Dedicate Settlement Funds to Environmental Restoration 

State House, Trenton NJ (6/4/15)

[Update: 6/7/15 – Interesting to note that Senator Lesniak didn’t say this about dedicating settlement money – he said it about casino gambling:

“We have to get this on the ballot this November,” declared state Sen. Raymond Lesniak (D-Union). “If we don’t do this now, it will never get done.”

Stuff like this makes me question whether the Democrats are serious or merely grandstanding. ~~~ end update]

A broad coalition of environmental, labor, community, consumer, housing, and citizens groups rallied in Trenton today to blast Governor Christie’s sweetheart $225 million settlement deal with Exxon and call for reforms to prevent future abuses.

They delivered over 50,000 public comments to DEP submitted by citizens across that state who are outraged by the Christie deal with Exxon, which recovered less than 3 cents on the dollar of an estimated $8.9 billion in damages to natural resources and wetlands from 100 years of pollution at the Bayway and Bayonne oil refineries.

The activist were joined by Democratic Legislators, including Senator Lesniak and Assemblymen McKeon and Johnson.

Senator Lesniak noted that despite the fact that a trial court found Exxon liable for the injuries to natural resources, that the Christie Settlement allowed Exxon to deny any fault and used the word “alleged” damages, thereby providing tax breaks to Exxon that reduced the cost to Exxon to just 1.4 cents on the dollar.

Senator Lesniak blasts Christie’s Exxon deal – is he serious, or just playing environmentalists?

The Christie deal also let Exxon off the hook for hundreds of millions of dollars more in pollution damages to natural resources from 16 additional Exxon facilities, including the Paulsboro oil depot, as well as over 800 gas stations across the state with toxic groundwater pollution.

Activists called for Democratic Legislators to pass a Concurrent l Resolution (SCR 163 – Smith) and ACR 230 – McKeon) so that voters could decide whether to amend the Constitution to dedicate these settlement funds to environmental restoration, instead of closing budget holes and paying for corporate tax breaks, as Gov. Christie has done.

If the Democratic controlled Legislature could pass Resolutions in the Assembly and Senate by 3/5th majority votes, then the measure could be placed on the November ballot.

The Democrats have majorities in both houses to provide the votes to do that and the Resolution does not require approval of Governor Christie.

If the Democrats are serious – and not just grandstanding – then they will put pass the Resolutions and put the measure on the ballot in November.

In addition, activists want legislators to remove prior budget language to assure that NRD revenues are not used to plug budget holes.

For additional reforms, I have recommended that the Legislature remove the current $50 million cap on liability for oil and chemical spills – that bill was vetoed by Gov. Christie and another attempt is now stalled in the Senate.

I’ve also called on legislators to push DEP to adopt regulations to implement and enforce the NRD program.

DEP’s failure to adopt NRD regulations led to prior legal defeats in NJ Courts and was one big reason why DEP had a weak legal handed that forced a pennies on the dollar settlement with Exxon.

Finally, legislators need to restore DEP’s authority to adopt ecologically based cleanup standards – and reverse the weakening of NJ’s cleanup laws that let Exxon – and hundreds of other polluters – off the hook for real, permanent and complete  cleanup.

There were some great signs, harsh words for Exxon and Gov. Christie, and vibrant activist energy today – here are some photos:

Hal Bozarth, Chemistry Council lobbyist, stopped by to snarl

Chinatown on the Delaware?

What were they thinking?

The underlying conflicts in many water resource management issues revolve around back end technical engineering approaches, versus front end public policy, ecologically informed, and regional planning driven approaches.

Placing a corporate engineer in charge of those regional planning and public policy issues is not a good sign, especially at a time when the Delaware basin is facing increasing pressures on water resources from regional growth and land use change, and adapting to the impacts of climate change.  ~~~ (3/12/14)

[Update below]

The Port Authority of NY & NJ is not the only institution suffering an erosion of its original regional planning mission.

Just months after a NJ private water corporation executive was installed as the Executive Director of the Delaware River Basin Commission (DRBC) , the DRBC is proposing a novel agreement that would effectively delegate complete regulatory control over NJ projects that impact Delaware River water resources to the State of NJ DEP.

That’s right. And I don’t think the timing is a coincidence.

Why would a prestigious professional 4 state regional planning body want to give an individual State more control  – particularly a State run by the Christie Administration?

The fundamental mission and purpose of the DRBC is to take a regional perspective on water resource planning and management.

Yes, it is hard to believe and to understand why a federally created 4 State regional water resource planning entity operating under an inter-State compact, is effectively delegating power to the Christie DEP – that notoriously incompetent gang that has rolled back water resource protections and abandoned water quality and water supply planning in NJ.

Why would DRBC defer to the Christie DEP, the same outfit that has killed the NJ Water Supply Plan Update and used the State Water Quality Management Plan to weaken environmental protections and promote development? (most recently to push sewers into Pinelands Hamlets & Villages)

The Christie Administration even threatened to withhold funding if the DRBC didn’t lift the moratorium on fracking.

No other DRBC State has such an agreement (NY, Pa, Delaware, NJ).

My sources tell me that NJ drove the concept.

A reliable high level source stated that “NJ was in a hurry” to be the first State to benefit from such an Agreement and that certain DRBC Commissioner(s) didn’t want to wait for regulatory safeguards to be put in place governing such an agreement before the deal was executed.

The timing is troubling.

DRBC Executive Director Steve Tambini took the helm less than a year ago – he is a former corporate manager (bio)

Mr. Tambini brings over 30 years of experience in water supply engineering and water resource planning, management and operations to the DRBC. Prior to assuming the executive director duties on August 1, 2014, Steve served as Vice President of Operations at Pennsylvania American Water. In addition, Mr. Tambini previously held important management leadership posts at New Jersey American Water, including the Vice President of Operations and the Vice President of Engineering. Mr. Tambini also provided engineering leadership to American Water subsidiaries serving 12 other states

The DRBC, without following what are called public notice and comment procedures, on March 11, 2015 quietly executed an “Administrative agreement” with the NJ DEP.

The agreement is tremendously far reaching in scope and time:

Upon the effective date of a DRBC rule providing specific authorization for and defining the scope of the One Process/One Permit Program, this Agreement will replace all prior administrative agreements between the Parties, including those dated August 20, 1976 and December 18, 2009 (as amended) between the Commission and the NJDEP.

The agreement applies broadly to critical regulatory decisions:

The scope of this Agreement is limited to projects and activities that can be commonly managed and administered under the following regulatory programs of each Party:

1. Water withdrawals
2. Wastewater discharges

Internet Attack on Website Consistent With Dirty Tricks

Back in the halcyon Nixon days, we learned of a set of political dirty tricks that were known as “Ratfucking” – a term made famous by Watergate journalists Woodward & Bernstein’s book “All the President’s Men”:

Ratfucking” was a term used by Richard Nixon‘s campaign insiders to describe electoral fraud and dirty tricks they used against their opponents. The term was coined by political operative Don Segretti, who claimed it had come from his college days when he stuffed ballot boxes for student government candidates. Segretti was hired by the Committee to Re-elect the President (CREEP) to work his ratfucking magic for Nixon in the 1972 elections and funded by laundered money coming in through CREEP slush funds. Segretti and a number of other ratfuckers worked from CREEP to destroy the campaigns of Democratic opponents. Their methods included distributing faked letter and press releases, astroturfing “activists” and “protestors,” disrupting political conferences using the old “order a hundred pizzas in someone else’s name” trick, vote contracting (literally paying people for votes), espionage tactics, and general dickery. One of the ratfuckers happened to be Karl Rove, who was the head of the College Republicans at the time (they teach ’em early).

The most infamous incident related to the ratfucking techniques, besides the Watergate break-in itself, was the release of the “Muskie letters.” CREEP members had gotten hold of Senator Edmund Muskie’s letterhead and started “leaking” letters ostensibly addressed to other Democrats insulting various other Congressmen. One of the Muskie letters, called the “Canuck letter,” implied that Muskie was bigoted toward Americans of French–Canadian descent (Muskie was from Maine). This FUDcampaign reached its heights right in the middle of the 1972 primaries and Muskie’s campaign imploded after his speech denying his authorship of the letters. The Muskie letters were ultimately the starting point that led Washington Post reporters Carl Bernstein and Bob Woodward to begin to unravel the Nixon campaign’s ratfucking methods and uncover the Watergate break-in.

I was reminded of this during the legislative investigation hearings on Gov. Christie’s Bridgegate scandal.

Specifically, during last year’s hearings, a story emerged that David Wildstein had purchased and registered internet domain names with Christie’s Gubernatorial challenger, Democratic Senator Barbara Buono’s name.

WNYC broke the story and reported:

A former Port Authority official who allegedly ordered the mysterious lane closures at the George Washington Bridge has purchased over 50 internet domain names, including those of Governor Andrew Cuomo’s top appointee at the Port Authority and a board member appointed by Cuomo. (The list is at the end of this post.) …

Many of domain names David Wildstein purchased revolve around New Jersey Democrats. Barbara Buono was New Jersey Governor Christie’s democratic opponent in last month’s gubernatorial race, and Milly Silva was her running mate. Fulop2017.com presumably refers to the current mayor of Jersey City, and Bob Sommer is one of Fulop’s advisors. Wildstein also purchased the name of the New Jersey Record reporter who first had the story – Shawn Boburg. Governor Christie’s team is denying any knowledge of the domain name, and Wildstein hasn’t commented.

Given  Wildstein’s history as anonymous blogger Wally Edge, at the time I linked that Wildstein revelation specifically to Nixon’s “ratfucking” operations. I wrote:

• Vindictive Abuse of Power Is Governor Christie’s MO (scroll down and read Update #1).

Well, given recent highly unusual experiences, it is possible that I’ve been a victim of a Christie “ratfucking” operation. Here’s why.

I recently began submitting harshly critical comments, with links to my blog posts, on various Christie 2016 Presidential campaign news stories.

Shortly thereafter, the internet host for my blog was forced to shut down my website because it had come under what appeared to be a sophisticated and massive attack by bots and thousands of internet IP addresses located around the world.

My site was crashed for awhile –

After it was restored, all seemed to be well, until I started getting emails from friends saying they could not register or comment on the blog.

I then noticed that a Google gmail account I had set up to receive email notifications from the blog had been inundated with thousands of user registrations, and that they were pouring in at a rate of about 1 every 2 seconds.

Because I didn’t use this Google gmail account, I just ignored it.

Well, yesterday I got another notice from my website host – and, for the first time ever, a bill for excessive bandwidth use.

It seems that during the month of May 2015, my website had been jammed with over 500,000 fake user access and registration attempts from all over the world.

This attack essentially blocked my site and threatens to shut it down.

Could this be a Christie campaign “ratfucking” operation?

Gov. Christie’s Entire Coastal Redevelopment Strategy Is A Disaster for NJ

Star Ledger “conservative” columnist Paul Mulshine is running a rant today on Governor Christie’s lies about dunes, see:

• Confrontation with reality: There’s not a grain of truth in Christie’s Sandy story

And I must say, I got a chuckle out of this line:

Getting confrontational with a family that used to let Alexander Hamilton crash at their crib is not exactly the way to ingratiate yourself with the old-money crowd.

But, as is typical of Mulshine, he confronts a tiny reality and gets a small part of the story right, but for the wrong reasons.

Christie is lying about his entire coastal redevelopment strategy.

The “dunes” he touts are not real “dunes” – they are piles of sand. Big difference.

The “dunes” he touts will do nothing to protect back bay homes from flooding.

He is recklessly promoting rebuild and redevelopment in flood hazard areas

The base flood elevations and technical standards in his rebuild program do not comport with minimum FEMA requirements and do not consider sea level rise or climate change risks.

The beach replenishment projects Christie touts are a costly waste of money.  NJ taxpayers will have to pick up significant long run maintenance costs.

Both beach replenishment and dunes create a false sense of security and invite even more development to dangerous locations.

The “hard” structures Christie supports (sea walls, et al) are failed strategy and make erosion problems worse.

Christie’s DEP is supporting the US Army Corps’ program to dispose of contaminated dredge sediments on our beaches and wetlands.

This disposal operation is done to appease and subsidize marinas and wealthy boat owners (the Corps project is the old inland canal dredge program that was blocked by lack of funds and public opposition to disposal of dredge spoils.)

Christie bought off the coastal environmentalists with $1 million to ALS and more on restoration of shore bird habitat, so they will not criticize all this foolishness

The decision to spend $250 million to rebuild Rt. 35 on a highly vulnerable barrier island (“protected” by a new $40 million steel sea wall) and god knows how much more to rebuild the Mantoloking bridge were huge boondoggles that will be underwater in 20 years.

There is no land use planning informing the redevelopment scheme.

It is all fueled by federal funding – what former DEP Commissioner Mark Mauriello said is correct, NJ is “drunk on federal funds”.

Christie weakened CAFRA coastal zone development regulations.

Christie ignored prior DEP work on coastal vulnerability assessment and adaptation to sea level rise and climate change.

Christie opposed legislation to create a coastal commission to do this planning work.

His policy is a disaster for NJ.

Christie lies about the whole thing.

[Update: – Star Ledger does more of their Christie coastal cheerleading with this one, which was just posted this afternoon and almost seems designed to rebut the back bay “Achilles heel” argument.  ~~~ end update]