WolfeNotes.com

Gov. Murphy Will Rue The Day If He Diverts COVID Funds To Open Space

Over 35,000 NJ Residents Died Of COVID

Gov. Murphy’s Office Tasked 11 Staff To Consider COVID Diversion

The selfishness of the “green” community knows no bounds.

Do I even have to mention that over 35,000 NJ residents have died of COVID, that there are growing risks of pandemic diseases, and that NJ’s public health system is severely underfunded and ill-prepared to respond?

I’ve often written about how groups I call the “Green Mafia” feed at the government trough and outright steal funds and lobby for their own selfish organizational pet projects, despite the larger public interest.

I previously thought that the diversion of hundreds of millions of dollars of DEP and State Parks funds to the open space program — from which they derive “stewardship” funding –  was as low as they could go (e.g. see Bergen Record story: “Budget Cuts Doom State Parks To Disrepair” (9/24/16).

I was wrong.

Today, NJ Spotlight casually (and somewhat favorably) reports that wealthy suburban residents of West Windsor are seeking to divert federal COVID money to purchase land to block a proposed new warehouse:

Seeking support from the State House 

To that end, Fox met last week with senior members of the administration of Gov. Phil Murphy in the hope that they would approve using $50 million of American Rescue Plan money — which the federal government distributed to states in 2021 to speed their recovery from the COVID-19 pandemic — to buy the land from its current owner, Atlantic Realty. 

It was her second meeting with Christine Sadovy, Murphy’s cabinet secretary, who requested the latest meeting and expanded the number of officials present to 11 from the previous three. The state officials sent no signals about whether they supported the idea of using the pandemic-recovery funds to buy the West Windsor parcel, Fox said, but their presence encouraged her to think that the proposal might survive. 

“This is clearly on her radar,” Fox said, referring to Sadovy. “Maybe we are actually being considered for the ARPA funds. If these folks are writing policy for the executive team, they might be the ones who are making decisions about where the money is going.” 

Don’t even think of going there. Just what is the matter with these people?

Gov. Murphy is rumored to have national political aspirations.

I can assure him that after some 35,774 NJ residents died of COVID, if he diverts federal COVID money to purchase open space he will rue the day.

No doubt this would give him a huge and well deserved black eye.

And there are far easier ways for the Murphy administration to kill this and many other proposed warehouse developments – just direct DEP to enforce NJ’ environmental laws!

See email below on how to do that:

Hi Micah – I’ve been somewhat following the warehouse debate and am repeatedly frustrated by the inability of the news coverage and local opposition to even mention the State government’s regulatory powers, especially DEP’s stormwater, Flood Hazard, wetlands and water quality management review and approval powers.

Today’s NJ Spotlight story explicitly mentioned (if only tangentially) DEP stormwater and flood hazard permits – yet you again emphasize solely the local land use (home rule) issue.

What gives?

You are old enough to remember McGreevey DEP Commissioner Campbell’s (failed) initiative to integrate the State Plan in DEP regulatory programs, known as “Big Map”. But Campbell did adopt “Category One” stream 300 foot buffer regulations that killed massive proposed corporate office parks (Berwind in Hopewell is a local example) and several huge housing developments.

Before that, Gov. Florio issued an Executive Order (on his last day in office) directing DEP to integrate the State Plan in DEP regulatory programs.

Even Gov. Whitman (no friend of DEP or regulation) had a “watershed initiative” to complement her million acre open space goal.

The media and local activists are giving Gov. Murphy and DEP a HUGE PASS.

Why is that, particularly in light of this history?

Wolfe

[End Note: Micah just sent me his complete statement. He was misquoted by Jon Hurdle, who edited out his statement criticizing DEP’s management of the flood rules. That is a constant pattern by Hurdle and it must be intentional. My apologies to Micah.

Also, it is clear from Micah’s full reply to Jon Hurdle, that the “bellwether” construct (meme? narrative? framing?) was Hurdle’s creation. Hurdle may have created that in his own deluded perception, or he could be just parroting what someone whispered in his ear. Because if West Windsor is a “bellwether” that means that Hurdle’s reportage is important or relevant, right?

DEP Plan Calls For “Thinning” (Logging) 1,500 Acres Per Year, Forever

“Ecological Forest Management” Is The Latest Slogan For Logging 200,000 Acres

In my previous post, I highlighted the obfuscatory shell game and delay strategy behind the Murphy DEP’s most recent bureaucratic process called the “Natural and Working Lands Strategy”.

But there are numerical targets in that strategy that DEP is likely to implement.

Unfortunately, you won’t read about this in the press or in critical press releases and “action alerts” by environmental groups, but buried in the weeds of the DEP’s various documents, strategies and plans are hard targets for logging state forests under various guises, slogans, and pretexts, including “forestry management”, “ecological restoration”, “carbon defense”, “habitat creation”, “young forests”, and “wildfire prevention”.

In contrast to the new “good” forestry programs in the DEP strategy (e.g. afforestation, reforestation, proforestation) which all lack models and existing DEP programs and experienced staff and dedicated funding sources, the “bad” forestry programs all have existing programs, supportive staff and funding and are now being implemented aggressively.

Worse, all the “good” programs are actively opposed by existing DEP forestry professionals. For example, Assistant Commissioner Cecil made formal presentations that criticized “proforestation” as a “political movement” that lacked any scientific justification:

So, it is obvious which ones will be implemented (the “bad” ones) and that the “good” ones are only presented as window dressing to mask the bad ones.

We’ve seen numerous examples of how DEP envisions such “bad” programs in the recent controversy over DEP’s 1,400 acre Pinelands logging Plan (wildfire prevention, “carbon defense”), the Sparta Mountain logging plan (T&E species protection) and the Glassboro Wildlife Management Area (game habitat creation).

They all amount to logging.

So, ICYMI, check out DEP “forest thinning” target (they call it “avoided emissions”) 1,500 acres per year. That would be 1 Pinelands logging plan every year, or 75 Glassboro WMA projects every year.

And check out the target for “ecological forest management” – DEP is targeting 200,000 acres for logging

Executive Orders, Press Releases, Strategies, Stakeholder Processes, And Plans

DEP Constantly Launching New Processes That Provide Cover And Avoid Action

Source: NJ DEP “Natural And Working Lands Strategy” (March 2023)

I want to thank DEP for the above graphic depiction of exactly what I’ve been thinking about writing about for some time now. It makes my job so much easier (and I’d bet I’m one of the few who have actually read these documents and critiqued their contents.)

In just one chart, DEP managed to illustrate the ridiculous bureaucratic shell game they’ve been playing for 6 years now under Governor Murphy’s “climate leadership”.

A “call to action”? What bullshit.

It’s a never ending series of bureaucratic processes that produce absolutely zero substantive results. Revealingly, DEP’s own “milestones” ignore implementation!

(and they left out over a year of Stakeholder process for Senator Smith’s Forestry Task Force!)

But it does generate abundant favorable press coverage (witness today’s NJ Spotlight – another example of their puff piece gaslighting) and it does create the public appearance of actually responding to the climate emergency.

It also consumes the time and resources of the climate activists, who worship access and just want to be invited to the next meeting!

When coupled with DEP grants, it completely co-opts those groups and thwarts any criticism of DEP’s inaction (remember, DEP is a regulatory agency, even if all the press releases make them look more like a bank or financial institution with all the money they are dishing out. They’re looking like a Legislative appropriations Committee these days, with all the money and unfettered discretion to allocate it. Gov. Murphy understands that cash buys friends and political support. DEP is just another patronage site.)

Finally, these noble sounding processes provide cover for avoiding the hard regulatory decisions that must be made by DEP.

Meanwhile, shit like this goes on below the radar – the DEP Bureau of Climate Resilience buys a “Forestry Excavator” and DEP is logging State forests under the guise of a sham “Carbon Defense” policy in the State Forest Action Plan:

———- Original Message ———-

From: Bill WOLFE <>

To: senbsmith <SenBSmith@njleg.org>, sengreenstein <sengreenstein@njleg.org>, “kduhon@njleg.org” <kduhon@njleg.org>, Anjuli Ramos <anjuli.ramos@sierraclub.org>, “Taylor McFarland, NJ Sierra Club” <taylor.mcfarland@sierraclub.org>, “tom@njconservation.org” <tom@njconservation.org>, “emile@njconservation.org” <emile@njconservation.org>, “sensarlo@njleg.org” <sensarlo@njleg.org>, “senscutari@njleg.org” <senscutari@njleg.org>, SUSAN RUSSELL <selizabethrussell@verizon.net>, Silvia Solaun <ssolaun@gmail.com>, “jonhurdle@gmail.com” <jonhurdle@gmail.com>, Robert Hennelly <rhennelly55@gmail.com>, “wparry@ap.org” <wparry@ap.org>, “fkummer@inquirer.com” <fkummer@inquirer.com>, “Tittel, Jeff” <jeff.tittel@verizon.net>, “tmoran@starledger.com” <tmoran@starledger.com>

Date: 03/27/2023 12:59 PM

Subject: DEP purchase of “forestry excavator”

Dear Senator Smith:

Based on DEP documents I obtained via OPRA (attached), I learned that DEP recently spent $129,000 of US Department of Defense “REPI” grant funds to purchase a “forestry excavator”.

Incredibly, the purchase was made by DEP’s “Bureau of Climate Resilience”.

Logging has no part in “climate resilience”. But DEP “carbon defense” policy under the State Forest Action Plan claims there is. This Plan and policy was recently implemented by DEP in the Pinelands wildfire plan.

It is possible that this equipment was used in the recent controversial logging of 21 acres in Glassboro WMA (see NJ Spotlight story and NJCF photo):

https://www.njspotlightnews.org/2023/03/nj-conservation-groups-irate-over-state-agencys-forest-clearance-work/

I question the need for DEP to have a “forestry excavator”, as that equipment can only be used to log more NJ forests. The mere possession of this logging equipment encourages more DEP logging.

I note that this equipment was purchased with federal funds, apparently thus not subject to Legislature’s appropriations process and oversight of DEP’s budget.

I urge you to conduct legislative oversight and exercise budget authority to stop DEP’s “carbon defense” policy and force the sale of this US military funded logging equipment.

Respectfully,

Bill Wolfe

Pollution Prevention Law Authorizes DEP To Issue “More Stringent” Emission Limits

DEP Has Enormous Unused Power To Reduce Hazardous Chemical Air & Water Pollution 

This is a quick followup to yesterday’s post, because I just realized that I buried the lede in that broad overview.

Yesterday, I criticized a lame Op-Ed written by Jeanne Herb of Rutgers. Among other things, Ms. Herb touted the toxic use reduction goals of the 1991 Pollution Prevention Act (Act), but did not mention that she previously managed the DEP’s Pollution Prevention program.

Although you probably never heard of it, the Pollution Prevention Act requires certain industrial facilities to prepare Pollution Prevention plans designed to reduce the use and discharge of hazardous chemicals.

The most powerful provision of the Act authorizes the DEP to enforce Pollution Prevention Plans in other DEP air pollution, water pollution, and solid and hazardous waste permits.(see NJSA 13:1D-43.c. & d.) and “require more stringent emission or effluent limits based on pollution prevention strategies contained in the pollution prevention plan”:

That provision has been vigorously opposed by NJ’s petro-chemical and pharmaceutical industries.

As a result, the DEP has NEVER used that authority. Not once in 32 years, a period of time in which DEP issued thousands of air, water, and waste permits.

Repeat: DEP NEVER “required a more stringent emission or effluent limit” based on a Pollution Prevention Plan.

That massive failure is astonishing and tells you all you need to know about DEP and the political power of the chemical industry (and the failure of Ms. Herb, the media and environmental groups).

NJ Spotlight Op-Ed An Exercise In Gaslighting, Evasion, And Cowardice 

Narrow Focus On Benefits Of Disclosure Obscures DEP Regulatory Failures

Vague Allusions Allow Polluters, Legislators, And DEP To Dodge Accountability

Jeanne Herb

Former DEP manager Jeanne Herb, now at Rutgers (beware the revolving door), authored an Op-Ed in today’s NJ Spotlight that serves as a near perfect example of many of the failures that have allowed corporate interests to dismantle environmental and public health protections and block needed stricter regulations, behind the scenes and with no public awareness or accountability. Read the whole thing:

• It’s time to review laws on hazardous materials

Writing from an academic institution imposes a huge intellectual responsibility on the author to write with complete honesty and integrity – pursuit of truth, advance the public interest, hold the powerful accountable, and all that jive. It also provides a great deal of freedom to tackle controversial issues head on (instead of skirting them) and hold the powerful accountable, without fear of retaliation (which is something I learned – the hard way – that one can not do as a DEP employee).

Ms. Herb fails miserably by those measures.

In fact, although the Spotlight Op-Ed does not disclose Ms. Herb’s bio, she managed DEP’s Pollution Prevention Program and is not sharing the location of all the skeletons she knows are buried in DEP’s closet, or fingering those who killed and buried the bodies.

I agree with and also shared Ms. Herb’s expectation that the East Palestine toxic train derailment would spur public outrage, media coverage, and political pressure on legislators and DEP regulators to strengthen NJ’s chemical safety laws, regulations and programs.

I share Ms. Herb’s disappointment that that has not happened.

But, unlike Ms. Herb, I’ve written honestly about the history of what Ms. Herb’s misleading celebrates as a NJ’s “national leadership”:

New Jersey has provided national leadership [on] disclosure of hazardous materials and chemicals in our communities and workplaces and promoting the reduction in use and generation of those materials at their source. 

I have a very different take on NJ’s “national leadership” and explain in detail how that leadership has eroded, see:

• A Shameful (And Continuing) Toxic Legacy: From Lodi And Paulsboro, NJ To Palestine, Ohio

Unlike Ms. Herb, I’ve written with specificity about the DEP’s failure to enforce the provisions of the Pollution Prevention Act that authorize DEP to mandate implementation of Pollution Prevention Plans in DEP air, water & waste permits. (See NJSA 13:1D-43 “Authority of the Department”  c. & d.):

The DEP has NEVER used that authority. Not once in 32 years in DEP’s issuance of thousands of air, water, and waste permits.

Repeat: DEP NEVER “required a more stringent emission or effluent limit” based on a Pollution Prevention Plan. That failure is astonishing and tells you all you need to know about DEP and the political power of the chemical industry (and the failure of Ms. Herb, the media and environmental groups).

Unlike Ms. Herb, I’ve written critically and with specificity about laws and DEP regulations that were weakened, gutted and must be strengthened, see: (be sure to hit this link to read Whitman DEP Assistant Commissioner Nagy’s memo we leaked about the deadly risks of rolling back DEP TCPA and RTK regulations):

• What The People Of Passaic NJ Didn’t Know Almost Killed Them

Unlike Ms. Herb, I’ve written to hold the petro-chemical and pharmaceutical industries accountable – including naming corporate names, see:

• Meet NJ’s Toxic Top Twenty Corporate Polluters 

Unlike Ms. Herb, I’ve written in ways that link broad policy objectives to specific DEP regulations and lack of enforcement.

Instead of regulatory specifics, Ms. Herb obfuscates. She supports “measures society should take to protect the residents” and, by focusing solely on disclosure and right to know, actually undermines arguments for stricter regulation. Disclosure of information is important, but it can not replace government regulation (as some like current Murphy DEP Commissioner LaTourette seek to do, e.g. his press remarks about the benefits of disclosure of climate risks in real estate transactions in lieu of DEP land use regulation). Herb fails to mention that DEP has reduced and eliminated issuing the kinds of Reports that enhance disclosure, see:

• They Don’t Have An App For That: Critical Environmental Information Buried In The Bowels Of the Bureaucracy

Unlike Ms. Herb, I’ve written to hold legislators and DEP accountable and to highlight the importance of the role of and the need for stricter regulation.

Unlike Ms. Herb, I’ve not lied to the public and deployed the smokescreen of “bipartisanism”:

New Jersey’s laws reflected leadership on the part of Republican and Democratic governors.

Ms. Herb’s bipartisan recollection is highly selective: she seems to forget or lack the integrity to note that Republican Governors Whitman and Christie rolled back DEP chemical regulatory programs and protections, something I’ve written extensively about and sacrificed my DEP career fighting.

Executive Orders, deregulation, privatization, suppression of science, crony management appointments, intimidation of DEP professionals, and deep budget cuts – it was an across the board assault over a 16 year period. How could Ms. Herb conveniently forget all that?

And, in an Op-Ed that focuses primarily on NJ’s Right-ToKnow law, is it possible that she is not aware of pending legislation to close massive loopholes exposed by the Passaic City fire?

How could Ms. Herb possibly ignore that controversy?, see:

• Passaic City Chemical Fire Reform Bill Stalled In Budget Committee – Senate President Scutari Urged To Break Logjam And Get The Bill On The Governor’s Desk

That bill is stalled in the Senate Budget Committee and likely quietly killed by the chemical industry.

Ms. Herb tellingly alludes to certain failures to implement the Pollution Prevention Act:

the law calls for the establishment of a Pollution Prevention Advisory Board, which was never created, to, among other things: 

• Review current science to assess risks posed by industrial hazardous substances; 
• Assess the feasibility of reducing industrial hazardous substances without reducing employment opportunities; and 
• Conduct research, hold hearings and prepare recommendations on prohibiting or further restricting use, production, manufacture, discharge or disposal of hazardous materials in the state. 

So, expect fake reform legislation to be introduced very soon (likely sponsored by Senator Bob Smith) to revitalize the Pollution Prevention Advisory Board. That bill will provide cover and continue the toothless implementation of the Act.

Notably left out of Ms. Herb’s mention of what has never been under the Pollution Prevention Act is DEP’s failure to enforce the provisions of that law that authorize DEP to mandate implementation of Pollution Prevention Plans in DEP air, water, and waste permits.

DEP has the authority to mandate exactly the kind of initiatives Ms. Herb supports:

to ensure that we are maximizing use of their authorities and provisions to safeguard our own neighborhoods, workplaces and communities … and [to] reduce overall consumption of hazardous materials in our society.”.

But, if Ms. Herb truly supports those objectives, how could she ignore mentioning specifics on how to achieve those objectives and tell the people exactly who is blocking those efforts? 

[End Note: Amazingly, Ms Herb also ignores the fact that a toxic train derailment occurred in NJ in Paulsboro and forced evacuation of the community – maybe a photo will help jog her memory: