Today DEP Appoints New Science Board Stacked with NJ’s Largest Polluting Industry Representatives

According to leaked documents obtained by NJ PEER, in his last official act, today outgoing NJ Department of Environmental Protection Commissioner Mark Mauriello will announce appointments to the controversial Science Advisory Board (SAB) (appointments listed below).

Former DEP Commissioner and current EPA Administrator Lisa Jackson created the SAB in response to Jackson’s controversial industry dominated Permit Efficiency Task Force.

But when Jackson unveiled the SAB, in an October 24, 2008 memo, she promised that the Board would be unbiased, not include “regulated entities“, and serve in the public interest. Jackson wrote:

:The SAB will provide a mechanism to receive unbiased technical and peer review and other advice from non-regulated entities within the state”

Mauriello himself sought to protect the public interest and exclude self interested regulated entities in his May 28, 2009 Administrative Order 2009-05, which included broad but vague conflict of interest (personal and financial) and anti-bias standards.

Longstanding attempts to politicize science at DEP have become acute (see “Dupont: Doubt (and intimidation) are their Product”).

In June 2009, we warned:

NEW JERSEY SLAPS GAG ORDER ON ENVIRONMENTAL SCIENTISTS – Embarrassing Chromium Study Prompts Management Review of Scientific Findings

Washington, DC – The New Jersey Department of Environmental Protection today imposed new restrictions on the release of technical and scientific information to the public, according to a memo posted today by Public Employees for Environmental Responsibility (PEER). The new directive allows DEP managers to hold completed scientific work in un-releasable draft form for an indefinite period.

In September 2009, we warned:

INDUSTRY MOVES TO TAKE OVER JERSEY ECO-SCIENCE BOARD – DEP Sued to Force Release of Lobbying Messages for Industry-Backed Scientists

Trenton – Industry wants to pack a new state environmental Science Advisory Board with its own scientists, according to Public Employees for Environmental Responsibility (PEER) which today filed a lawsuit to obtain public records regarding the industry lobbying effort. Department of Environmental Protection (DEP) Commissioner Mark Mauriello is reportedly making final picks for the 12-member board this week after meeting with the Chemistry Industry Council this Thursday.

(see also: “New Front in War on Science – Lawsuit Filed to Obtain Smoking Guns” and “Hostile Takeover of DEP Science – Industry Seeks to Stack Board with Cronies”

Confirming our fears, making a mockery of the conflict of interest standards of his own Administrative Order, and in direct contradiction to Jackson’s 10/24/08 promise, the SAB to be announced today includes REGULATED entities:

•  3 representatives of regulated polluter Dupont (see: TEFLON COATS PUBLIC AGENCY ENVIRONMENTAL SCIENCE – Jackson Sought to Have New Jersey PFOA Study Pulled from Publication

•  2 representatives of private regulated water companies (see: DUPONT PRESSES NEW JERSEY TO WATER DOWN PFOA RISK ASSESSMENT – Industry Consultants Get Closed Door Access to State Drinking Water Institute

•  5 of the biggest consulting firms that represent NJ’s largest regulated polluters (see: DEP CLEAN WATER CONSULTANT ALSO WORKS FOR POLLUTERS  -“Ethical Swamp” Persists Despite Acting Governor’s Ethics Reform Pledge

Here is the leaked DEP document (boldface are biased and/or conflicted reps):

NJDEP Science Advisory Board

Dupont has current high profile science disputes with DEP over the health risk assessment and cleanup standards for the chemical PFOA manufactured at their Deepwater plant and vapor intrusion into homes caused by their facility in Pompton Lakes. (see: “Dupont and DEP Hammered by Angry Residents for Failure to Cleanup Toxic Nightmare Linked to Cancer Cluster”.

How can Dupont credibly serve on the Board and the Public Health Committee!

Private water companies have billions of dollars at stake in DEP science related to drinking water standards and the amount of available water they can sell and make a profit on.

The appointed consulting firms (TRI and Omni) advocate on behalf of NJ’s largest developers and water polluters, so they have a clear conflict between science and the interests of their paying clients.

So, just as we feared all along, it now seems clear that the SAB will provide a vehicle for regulated industry to inject influence and otherwise delay, weaken, or derail DEP regulatory science, particularly risk assessments that are used to set strict health standards and costly industry regulations.

PEER filed Open Public Record Request in order to shine light on behind the scenes pressure by powerful industrial polluters such as DuPont and the NJ Chemistry Council to assure industry friendly SAB appointments. We filed a lawsuit for force disclosure of these documents.

In response to that lawsuit, DEP engaged in bad faith – they basically ran out the clock to frustrate OPRA compliance and disclosure of exactly what today’s appointments reveal.

Now, with today’s SAB appointments, we see why.