Christie off on the “Right” Foot – Executive Orders Attack Environmental Protections

NJ Gov. Chris Christie

[Update: 1/26/10: APP: Christie freezes state’s nutrient and phosphorus standards for now]

On his first full day in office, Governor Christie, as threatened, issued Executive Orders that, among other things, establish a moratorium on implementation of certain environmental rules under the pretext of stimulating the economy and forming a “red tape review” commission.

We warned of exactly this threat before the election on October 6 in  “Christie’s Environmental Agenda Would Be a Disaster For New Jersey” and again on November 5 after the election in “Christie Proposes Moratorium on Regulations – Signals Major Threat to the Environment” .

At this time, I have not been able to obtain copies of the Orders as they have not been made publicly available by Christie – an ominous sign that he will use heavy handed tactics to limit public information and control the news coverage. The Governor’s official website states that “No Executive Orders have been issued at this time” and there is no information related to the Orders on the Governor’s press office page. [Update: 1/22/10] EO’s have been posted to the Gov. website links]

According to the DEP website, the following rules are impacted – in addition, there are an unknown number of other rule proposals in the pipeline over the next 90 days required to reauthorize current rules that sunset on a regular 5 year schedule under NJ’s Administrative Procedures Act (with the exception of the 3 rules noted as “adopted” in right hand column).

We will be writing more on this subject as information is made available and we get a chance to read the Orders – thus far, such information is not forthcoming from the Christie Governor’s office.

Proposals Currently Open for Comment Publication Date Proposal Name Close of Comment Period Public Hearing Scheduled? Document Links Proposal Status 1/4/2010 Safe Drinking Water Act Rules, N.J.A.C. 7:10, proposed amendments realted to Permit Efficiency Review Task Force recommendations and the Environmental Enforcement Enhancement Act 3/5/2010 Yes Notice Open for Comment Proposal 1/4/2010 Forestry Rules, N.J.A.C. 7:3, proposed readoption without amendment 3/5/2010 No Notice Open for Comment Proposal 12/21/2009 Proposed Readpotion of Shellfish Growing Water Classification Regulations 2/19/2010 No Notice Open for Comment Proposal 12/21/2009 Surface Water Quality Standards 2/19/2010 No Notice Open for Comment Proposal 12/7/2009 Underground Storage Tanks Rules proposed readoption without amendment, N.J.A.C. 7:14B 2/5/2010 No Notice Open for Comment Proposal 12/7/2009 Safe Drinking Water Act Rules, N.J.A.C. 7:10, proposed readoption without change 2/5/2010 No Notice Open for Comment Proposal Proposals with Comment Period Closed Publication Date Proposal Name Close of Comment Period Public Hearing Scheduled? Document Links Proposal Status 11/16/2009 Natural Areas and the Natural Areas System Rules, N.J.A.C. 7:5A 1/15/2010 No Notice Pending Adoption Proposal 11/16/2009 Sulfur in Fuels, N.J.A.C. 7:27-9.2 1/15/2010 Yes Notice Pending Adoption Proposal 9/8/2009 Coastal Permit Program rules, N.J.A.C. 7:7; Coastal Zone Management rules, N.J.A.C. 7:7E; and Flood Hazards Area Control Act rules, N.J.A.C. 7:13; Wind and solar energy 12/7/2009 Yes Notice Extension Pending Adoption Notice Proposal 10/5/2009 Water Pollution Control Act – N.J.A.C. 7:14-2 and 8 – readoption 12/4/2009 Yes Notice Pending Adoption Proposal 8/17/2009 Division of Fish and Wildlife Rules – Proposed Amendments to 2010-2011 Fish Code N.J.A.C. 7:25-6 10/16/2009 Yes Notice Pending Adoption Proposal 7/20/2009 Processing of Damage Claims Pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act 9/18/2009 No Notice Pending Adoption Proposal 6/1/2009 Solid Waste Rules, Proposed Readoption without amendments: N.J.A.C. 7:26 7/31/2009 No Notice Pending Adoption Proposal 6/1/2009 Oysters – Proposed Amendments and New Rules to N.J.A.C. 7:25A, Proposed Repeals:  N.J.A.C. 7:25A-1.2, 1.9, 1.10, 4.1 – 4.6 7/31/2009 No Notice Pending Adoption Proposal 4/20/2009 Motor Vehicle Inspection and Maintenance 6/19/2009 Yes Notice Adopted Proposal 4/20/2009 Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A – Proposed Amendments, Surface Water Quality Standards, N.J.A.C. 7:9B – Proposed Readoption with Amendments, New Jersey Pollutant Discharge Elimination System, N.J.A.C. 7:14A – Proposed Amendments 6/19/2009 Yes Notice Adopted Proposal 4/6/2009 Industrial Site Recovery Act rule readoption without amendments 6/5/2009 No Notice Pending Adoption Proposal 4/6/2009 Division of Fish and Wildlife Rules – Proposed Amendments to 2009-2012 Game Code N.J.A.C. 7:25-5 6/5/2009 Yes Notice Pending Adoption Proposal 4/6/2009 Freshwater Wetland rules: Amendments to codify LOI reliance determinations 6/5/2009 Yes Notice Pending Adoption Proposal 3/16/2009 Proposed Maximum Contaminant Level for Perchlorate 5/15/2009 Yes Notice Pending Adoption Proposal 2/17/2009 Proposed new rules: Global Warming Solutions Fund Rules, 7:27D, Main topic of rulemaking: Establishment of priority ranking system for allocation of funds 4/18/2009 Yes Notice Adopted Proposal 1/20/2009 Coastal Zone Management Rules: Amendments to N.J.A.C. 7:7E-3.21, 3.23, 3.49, and 8.14 3/21/2009 Yes Notice Pending Adoption Proposal 1/20/2009 Greenhouse Gas Monitoring and Reporting Program, N.J.A.C. 7:1G-3.1, 3.2 and 5.3; N.J.A.C. 7:27-21.1 through 21.3, 21.5, and 21.11 through 21.13 3/21/2009 Yes Notice Pending Adoption Proposal 12/1/2008