Murphy Administration and PSE&G Making The Same Attacks On Environmental Regulations As Trump Is

PSE&G Seeks DEP Waiver Of Environmental Regulations For Energy Infrastructure

NJ Gov. Murphy Used The Same COVID Pretext As Trump

Two important NJ based observations that you’re not likely to get in NJ media.

Yesterday, President Trump issued another Executive Order that attacks and rolls back key environmental regulatory protections.

Of course, this Order is being blasted by environmental groups and widely correctly reported by national media as another radical Trump outrage on public health and the environment.

This most recent Trump attack is targeted at the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Clean Water Act (CWA). It cynically uses the COVID crisis to justify “emergency” exemptions and waivers, which is obviously an Orwellian pretext.

Here is the NEPA language – very smiler language is used for ESA and CWA rollbacks:

(b)  To facilitate the Nation’s economic recovery, the heads of all agencies are directed to use, to the fullest extent possible and consistent with applicable law, emergency procedures, statutory exemptions, categorical exclusions, analyses that have already been completed, and concise and focused analyses, consistent with NEPA, CEQ’s NEPA regulations, and agencies’ NEPA procedures.

The scope of the Trump Order is broader than specifically attacking these 3 core environmental laws.

It broadly seeks to waive virtually all regulatory requirements. Section 9 directs that the “heads of all agencies”:

shall review all statutes, regulations, and guidance documents that may provide for emergency or expedited treatment (including waivers, exemptions, or other streamlining) with regard to agency actions pertinent to infrastructure, energy, environmental, or natural resources matters;

But what you won’t read or hear from NJ media – or from NJ environmental groups who cheerlead for Gov. Murphy and generally defer to PSEG money and power – are two things:

1) NJ Gov. Murphy has used the same cynical COVID pretext as Trump to suspend NJ DEP enforcement of environmental regulations, something that has not been reported by the NJ press corps, see:

• NJ Gov. Murphy Suspends Enforcement of Environmental Regulations During Covid

2) NJ’s hometown corporate utility PSE&G – frequently portrayed in media as environmentally friendly and progressive on public policy and regulatory issues – is seeking the exactly same regulatory rollbacks by the NJ DEP as President Trump just enacted.

The NJ DEP is currently developing regulations to address climate change (here is DEP’s PACT website – more to follow on that).

PSE&G has weighed into the DEP PACT regulatory process to request regulatory relief for what they call “public interest”.

PSE&G hypocritically likes to portray themselves publicly as pro-environment and a responsible corporation, but behind the scenes they are as rabidly anti-environmental regulation as the most polluting chemical industry.

PSE&G wrote this to DEP:

“Particular attention should be focused on the potential to include a Public Interest Provision that would give NJDEP the ability to expedite approvals and provide certain exceptions for projects that support the broader goals of the Administration’s Climate Adaptation and Clean Energy goals. Energy infrastructure and offshore wind development onshore are examples of the types of projects that should be included.

To further this process and provide a foundation for the discussions in future meetings, PSEG proposes the follow language for consideration by the Department for inclusion as necessary, in the regulations under review.

“New Jersey is implementing a range of policies that will lead to infrastructure projects that would otherwise be subject to restrictions under these regulations. Based on a determination of public benefit/ societal need, in alignment with the policies put forth in the EMP, RGGI regulation and the provisions of the GWRA, the Department shall retain the flexibility to approve these projects and/or limit regulatory requirements.”

Will the Murphy DEP fold and accommodate PSEG profits?

Will PSEG be held accountable by NJ environmental groups and media for their Trump like attack on environmental laws?

We’ll keep you posted, but we’re not holding our breath.