We have noted that extraordinarily corrupt complex regulatory games have been played by Pinelands Commission Executive Director Wittenberg to promote the South Jersey Gas pipeline.
I don’t want to go into the regulatory weeds to explain all the details on this latest example.
Here’s the story:
During the review of the “revised” South Jersey gas pipeline application, it was discovered that Upper Township had violated the Pinelands Comprehensive Management Plan (CMP) by illegally constructing buildings without Commission approval.
Under the CMP rules, the bottom line is that until this violation is remedied and approved after the fact by the Pinelands Commission, the South Jersey Gas pipeline application can not proceed.
Talk about a big OOPS!
Got that?
Until the Commission formally acts to remedy the violation by Upper Township, the SJG pipeline can not proceed.
All the Commission needs to do is find a way to sit on this “after the fact” approval – and just not approve it.
There has been a LOT of negative press, editorial, and hand wringing by certain Pinelands Commissioners and by Pines advocates that the Commission has been stripped of its power to vote on the SJG pipeline application.
They all correctly complain that the Pinelands Commission will not be able to vote on the SJG pipeline project.
At the same time, Pines advocates have long noted the Commission’s lack of enforcement powers for the kind of blatant violation of the CMP that Upper Township engaged in.
So, what does the Commission staff do about it’s inability to vote on the SJG pipeline and its lack of formal enforcement power?
Do they use the leverage that now exists by the need to approve the Upper Township after the fact remedy?
I can’t imagine more leverage or a stronger enforcement power than to be able to block the SJG pipeline by simply doing nothing.
That’s right – all the Commission has to do is to do nothing. Simply don’t approve the Upper Township violation after the fact.
The rationale to delay acting on the Upper Township matter could have been that the Commission would have to amend the CMP to include enforcement sanctions and require mitigation for such violations.
But the staff at the Commission are in the tank for SJG and have engaged in what amounts to another unilateral staff usurpation of the Commission’s powers, obviously again to promote the SJG pipeline.
Knowing that all they need to do was NOTHING, what did the staff recommend that the Commission do?
Of course, they recommended APPROVAL, which would allow the SJG pipeline to proceed: (Nov. 23, 2015 letter)
Note that the staff letter from Chuck Horner, head of Regulatory Affairs, very clearly states that it is sent “on behalf of the Commission’s Executive Director” – that is code that can only mean that Wittenberg put a gun to his head.
If you read the boldface portion of this letter, it is almost as if Mr. Horner KNOWS this is wrong and invites legal challenge.
(why would staff send their recommendation to the Mayor before the Commission votes on it? That surely undermines the Commission.).
Let’s see what the full Commission does with this at their next December 11, 2015 meeting.
My guess is that they will duck the controversy and rubber stamp another Wittenberg coup.