Archive

Author Archive

Pinelands Commissioner Lohbauer Eviscerates Murphy DEP Logging Plan

November 9th, 2022 No comments

The Pinelands Commission Meets Tomorrow at 9:30 – Let Them Know How You Feel

A "thinned" Pinelands Forest. This is what DEP is trying to create

A “thinned” Pinelands Forest. This is what DEP is trying to create

As I wrote when contemplating the beauty of my favorite, the sycamore tree (see “In The Woods”), the painter Thomas Cole, a founder of the Hudson River School, said this:

‘Yet I cannot but express my sorrow that the beauty of such landscapes are quickly passing away–the ravages of the axe are daily increasing–the most noble scenes are made desolate, and oftentimes with a wantonness and barbarism scarcely credible in a civilized nation. The wayside is becoming shadeless, and another generation will behold spots, now rife with beauty, desecrated by what is called improvement; which, as yet, generally destroys Nature’s beauty without substituting that of Art.’

Mark Lohbauer, Pinelands Commissioner, said this about the Murphy DEP logging plan:

“In this case I don’t believe there was a good basis to approve the Forest Service’s application. This is the same one that I had opposed last December, and Emile is right—the Service did modify their proposed application of herbicides in the project. However, they did not agree to eliminate them, nor did they agree to avoid the use of glyphosate (“RoundUp”) which I consider unsafe at any application. Moreover, the restrained use of herbicides was conditioned upon“if practical,” meaning that were they to decide that the mechanical approach were not working, they could revert to the use of herbicides without further review by the Pinelands Commission. Yet this was not my primary objection.

The application contained two projects: 13 miles of firebreak along Allen and Oswego Roads, and a separate project of thinning over 1,300 acres of forest in Bass River State park. The firebreak was occurring in a broad swath that included the most productive snake dens in the State—possibly the northeast region—for T&E snake species. These snake dens have been the subject of continuous study by Rutgers herpetologists as well as our own science staff at PC for 30 years. Last December I asked for the Rutgers herpetologists to be consulted by the Forest Service on their firebreak plan, because they had not been. It is not apparent to me that Rutgers was given the opportunity to participate in the revised firebreak plan that was before us last Friday. Nor did the revised plan include a specific protection for the snake dens, other than the Service would consult with the PC Executive Director in the event of contact with the dens. That seemed inadequate to me. Yet this was not my primary objection to the application.

Both the firebreak and the thinning projects were proposed as wildfire control measures, yet—as Commissioner Doug Wallner pointed out on Friday—there is no population center, housing development, or commercial area near the sites of the project activity. Wallner, who spent his career at the National Park Service working with local agencies like the NJ Forest Service on wildfire control, argued that there was no reason to pursue these projects since there was no population at risk of wildfire harm that could be protected by this project. Rather than vote for it, he abstained. I certainly agreed with him on that point, yet this was not my primary objection.

The thinning project was proposed to be performed over more than 1,300 acres in Bass River State Forest. For 1,100 acres they proposed to remove 90% of the trees. For the remainder they proposed to remove 96% of them. Ed Lloyd calculated that this would be over 2.4 million trees. This thinning was intended as a wildfire protection measure, yet we learned at the Pinelands Climate Committee last year that thinning has not proven to be a useful wildfire control measure; if anything, it causes wildfires to burn hotter and more destructively.Leslie Sauer shared a paper by ecologist Chad Hanson on this subject ( https://grist.org/fix/opinion/forest-thinning-logging-makes-wildfires-worse/  ) and argued persuasively that pro forestation is a much better approach to wildfire management.I find it difficult to support thinning as a wildfire management practice generally, but particularly so in this case where: 

A number of T&E bird species including barred owl, would be impacted negatively by the tree cutting;

The plan called not only for cutting the trees, but for harvesting them as well, which is contrary to the good forestry practice of cutting and leaving trees in place;
At the Pinelands Commission, we are in the process of deliberating a “no net loss” policy for trees which, although not yet in place, would be completely contradicted by this project. 
In the end, the injury to the carbon sequestering ability of this forest was my primary objection to this project. I don’t believe that the work that the Forest Service proposes to do is either warranted by the circumstances, nor healthy for the flora and fauna of this forest. I opposed it, and I hope that there still remains some opportunity to prevent the Forest Service from moving forward with this now permitted, yet ill-planned project.”  ~~~ end Lohbauer

"Desolation" (Thomas Cole, Course of Empire series, 1836)

“Desolation” (Thomas Cole, Course of Empire series, 1836)

Categories: Uncategorized Tags:

DEP Completed The Study Required By Senator Smith’s “Forever Chemicals” Bill A Decade Ago

November 8th, 2022 No comments

A DEP 2014 Report Found Treatment Technology Already Available For PFAS

A Prior 2010 DEP Report Recommended a “Treatment Based Approach” To Remove 500 Unregulated Chemicals Known To Be Present In NJ Drinking Water Supplies

Source: DEP scientist Gloria Post, PhD, presentation to NJ DWQI (4/29/14)

Source: DEP scientist Gloria Post, PhD, presentation to NJ DWQI (4/29/14)

Today NJ Spotlight made a big deal about a bill that would merely require the DEP and Drinking Water Quality Institute (DWQI) to study developing drinking water standards and treatment requirements for “forever chemicals” (PFAS) as a class of compounds, as opposed to individual chemicals.

This study was portrayed as some kind of innovation and “stepping up” the fight against PFAS.

But oops, the study that the bill would require was already conducted by DEP and the DWQI, over a decade ago.

How could Senator Smith not know that DEP conducted the study his new legislation called for a decade ago?

The Spotlight story says that DEP was consulted in developing the bill. So how could the DEP play along and not tell Smith about their prior Reports, one in 2010 and one in 2014?

We’ve testified to the legislature, DEP, and the DWQI about these DEP studies.

We filed a petition for rulemaking to DEP based on these studies, which DEP denied, twice. And we’ve been writing about these issues for well over a decade as well (e.g. see:

We have made Senator Smith, DEP and the DWQI well aware of all these issues.

Here’s my embarrassing letter to Smith and Greenstein, who sponsored the bill:

Dear Chairman Smith and Senator Greenstein:

I learned today of your bill, S3176, that would:

Requires DEP and Drinking Water Quality Institute to perform study concerning regulation and treatment of perfluoroalkyl and polyfluoroalkyl substances.

The core requirements of the bill would direct the DWQI to:

The study shall include an assessment of the feasibility of establishing a maximum contaminant level or other standard for the entire class, or for certain subclasses or mixtures, of perfluoroalkyl and polyfluoroalkyl substances in drinking water, rather than for each individual substance. The study shall also include an assessment of treatment technologies that may be effective in removing perfluoroalkyl and polyfluoroalkyl substances from drinking water or wastewater.

That study was already done.

In April 2014, DEP issued a Final Report: Occurrence of Perfluorinated Chemicals in Untreated New Jersey Drinking Water Sources

https://www.nj.gov/dep/watersupply/pdf/pfc-study.pdf

That DEP Report found:

“PFCs are removed from drinking water by granular activated carbon and reverse osmosis (Rahman et al., 2014), while the standard treatment processes used at the sites included in the 2006 and 2009 studies do not effectively remove PFCs. Data on PFCs in raw and finished water from several sites included in the 2006 and 2009 studies confirms that PFC concentrations are generally not decreased in the finished water (Post et al., 2009, Post et al., 2013b). …
In addition, to better understand treatment options available for the removal of unregulated organic contaminants, the Department is studying the effectiveness of granular activated carbon (GAC) removal technology in removing unregulated contaminants, including PFOA and PFOS, in pilot studies at two water systems that use groundwater: Fair Lawn Water Department (Bergen County) and Merchantville-Pennsauken Water Commission (Camden County). These pilot studies are currently ongoing.”

 

Furthermore, and far more broadly, as you know, over a decade ago, in April 2010, the DEP issued a directly relevant Report titled:

That DEP study recommended a “treatment based approach” as an alternative to individual chemical specific risk assessment based MCLs and treatment requirements.

The DEP Report found that there were over 500 unregulated chemicals present in NJ drinking water supplies; that there was little data on the presence, levels, and human health and ecological risks and effect of those chemicals; that cost effective treatment technology was available to remove those chemicals; and that is was virtually impossible to conduct costly and time consuming individual chemical specific risk assessments and MCLs for each of those 500 chemicals. Above is a link to that DEP Report – here is another:

https://peer.org/wp-content/uploads/attachments/9_7_10_DEP_Treatment_White_Paper.pdf

DEP made these recommendation for exactly the same scientific and regulatory  reasons that the bill recommends that PFAS be regulated as a class (as a superior alternative of the current chemical specific risk assessment based MCL’s) and treatment requirements imposed based on a class.

Because we are more than a decade past the study phase and this research has already been done by DEP and the DWQI, as such I request the following amendments:

1) Mandate that DEP adopt a treatment based approach to all unregulated chemicals, in accordance with the prior research studies cited above;

2) Mandate a deadline for adoption of DEP regulations to implement the treatment based approach on all public water supply systems. 12 – 18 months is a reasonable timeframe to do this.

3) delete the study requirements.

Respectfully,

Bill Wolfe

Categories: Uncategorized Tags:

Murphy DEP Pinelands “Forest Management” (Logging) Plan Fails To Comply With DEP’s Own Regulatory Standards And Protections For “Exceptional Ecological Values”

November 8th, 2022 No comments

Loopholes Allow DEP To Destroy Wetlands, Streams, Vernal Pools, & T&E Habitat

Developer Would Face Huge Fines & Possible Jail Time For A Fraction Of That Destruction

DEP Ignores Their Own Science And regulatory Standards And Protections

Map22

In a highly irresponsible show of rank hypocrisy, the Murphy DEP’s controversial Pinelands “Forest Management” (logging) plan fails to meet the same DEP protective regulatory standards that DEP enforces on the citizens and developers of the State.

The DEP simply just ignored all those requirements that they impose on others.

DEP is exploiting their own regulatory loopholes (and weak and obsolete 30 year old science from DEP’s 1995 Wetlands Forestry Management BMP Manual) to destroy exceptional natural resources that any developer would face $50,000 per day enforcement fines for destroying (and possible criminal prosecution for knowing violations).

And DEP is doing all that in the most pristine and exceptional ecosystem of the State. Let me explain.

We can all agree that the NJ Pinelands are an exceptional ecological resource.

That’s why they were protected by Congress and the NJ Legislature, and recognized by the UN as a World Biosphere Reserve.

That’s why the Pinelands Commission was created to protect and preserve them and why the Pinelands Preservation Alliance was formed to promote and advocate for their protection and watchdog government management of those exceptional natural resources.

It’s why the NJ Conservation Foundation acquires thousands of acres of exceptional value land to preserve and protect Pinelands ecosystems and water resources.

Across the State, under a series of federal and State environmental laws, in far less pristine and ecologically valuable places than the Pinelands, the NJ DEP has a series of land use and water resource regulatory standards to protect “exceptional value” natural resources.

The DEP’s overall protective framework for protection of natural resource is “avoidance, minimization, and mitigation” of any impacts to those resources. Any adverse impacts must be justified by the lack of any less damaging alternatives.

This framework is bolstered by minimum width buffers and requirements to delineate, inventory, assess, and monitor natural resources and environmental impacts, among many other technical requirements.

Here are just the buffer requirements and protective standards from other DEP regulations that their Forest management (logging) plan fails to meet:

  • Exceptional Ecological Value Streams

Exceptional value waters are defined and classified in DEP’s surface water quality standards as FW1 and “Category One waters” (C1). C1 waters are protected by strict antigdegredation policy (no degradation and no change to existing water quality, respectively) and 300 foot buffers in other DEP regulations (e.g. stormwater, stream encroachment, WQMP, and Highlands).

  • Exceptional Highlands waters

7:38-3.6 Highlands open waters

(a) There shall be a 300-foot buffer adjacent to Highlands open waters in which no disturbance is permitted,

  • Exceptional Value Freshwater Wetlands

Under the DEP wetlands rules, drainage to exceptional water quality streams (FW 1 & C1) and the presence of habitat for threatened or endangered species triggers exceptional value wetlands classification and at least 150 foot buffers (7:7A-3.2 Classification of freshwater wetlands by resource value

standard width of a transition area adjacent to a freshwater wetland of exceptional resource value shall be 150 feet.  (NJAC 7:7A-3.3 (d) 1.)

  • Habitat For Threatened and Endangered Species

The Department shall not issue a HPAA unless it determines that the proposed activity will not jeopardize the continued existence of, or result in the likelihood of the destruction or adverse modification of habitat for, any rare, threatened or endangered species of animal or plant.

  • Vernal Pools

(d) The Department shall not issue an HPAA unless the proposed activity would result in the minimum practicable degradation to a unique or irreplaceable land type or existing scenic attributes on the site or within the immediate area of the proposed project

In contrast to having to meet all those standards and requirements, the DEP forestry plan would slaughter the forest by cutting 90-96% of understory trees and vegetation (over 1,300 acres, 2.4 million trees cut), disturbing and compacting soils and forest duff, greatly decreasing canopy cover, and applying toxic herbicides to kill the invasive plants that grow in disturbed soils and sunlight on the forest floor from destruction of the canopy

That would destroy (never mind jeopardize!) habitat, wetlands functions, and pollute and lower water quality, while the buffers in the DEP Pinelands Forestry Plan are just 80 – 100 feet for those same exceptional value resources.

The DEP conducted no 1) demonstration of need, 2) no alternatives analysis, 3) no avoidance analysis, 4) no mitigation, 5) no comprehensive natural resource inventory, 6) no regulatory delineations, 7) no environmental impact analysis, and 9) there is no followup monitoring of ecological and water quality impacts.

And there will be no DEP compliance monitoring, inspection, and enforcement of the Pinelands Commission’s approval of this sham.

And to add absurdity to the DEP’s hypocrisy, the DEP “Forest Management” plan was SUPPORTED by the Pinelands Preservation Alliance and the NJ Conservation Foundation (who both called a 13 mile long, 50 foot wide clearcut, bisected by a road, a “MEADOW”).

I am beyond words.

This DEP plan can not become the model for wildfire management, for forestry management, or for carbon storage and sequestration. It must be repudiated and stopped 

Please call Gov. Murphy at 609-292-6000 and demand that he stop this insanity by vetoing the minutes of the Pinelands Commission. The Gov. must do this before the end of November.

Categories: Uncategorized Tags:

The History Of Attempts To Log State Forests Is Instructive

November 6th, 2022 No comments

Decade Long Campaign Shows How Conservationists Have Been Duped 

Strong public opposition and honest advocacy have stopped the loggers

3DYZ6LNSERG2ZG7BNGZNHUGP4Y

(Caption: Russell Juelg, who takes hikers through the BATONA TRAIL, navigaqtes the pine bog around the Batona trail near Carranza Road in Wharton State Forest. Photo: Michael Bryant)

For over a decade, economic and DEP bureaucratic interests have attempted to pass legislation to promote and expand highly unpopular logging of NJ forests.

Those efforts have been supported by the powerful chairman of the Senate Environment Committee, Bob Smith, (D, Middlesex County. Not a lot of forest there.)

The slogans and dubious scientific rationales used to support those logging campaigns have varied over time in a continuing barrage of bills: “forest harvest”, “forest stewardship” “forest health”, “young forests”, “sustainable forests”, creation of habitat, diversify single age class forests, control diseased insect infested forests, et al.

We see the most recent attempt happening right now in the Pinelands under the pretext of preventing wildfire.

No doubt, the emerging and next pretext will be generated by Senator Smith’s Forestry Taskforce and involve carbon credits, carbon trading, or some derivative scheme of a faux response to the climate emergency.

Thankfully, those efforts have failed – but not as a result of opposition from NJ’s leading conservation groups. Some, like NJ Audubon, have openly supported logging legislation, while others take a more nuanced but equally misguided approach to support logging.

But other independent advocates – with no economic, organizational, or political interests in logging – have remained vigilant and steadfast in strongly opposing and clearly warning the public about the harm these bills would do to our magnificent public lands and forests.

(I used to be able to count on the support of groups like Environment NJ and NJ Sierra Club, but no longer. They too are in the tank with corrupt groups like Exxon Mobil and Trump backed NJ Audubon and apparently have drank the logging Kool-aid from NJCF and PPA).)

There is a timely lesson to be learned from that history, specifically as it relates to the current debate over DEP’s plan to log the Pinelands.

These lessons are perfectly illustrated in a 9 year old story by veteran NJ Spotlight reporter Tom Johnson (Philadelphia Inquirer version, 6/12/13):

New Jersey is looking to open up logging on state lands, most of which were largely acquired through Green Acres bond issues and other public funds.

In an issue that once again is splintering the environmental community, a bill (A. 2837) allowing the Department of Environmental Protection to develop a harvest program on state-owned lands won bipartisan approval Monday from a legislative committee. ….

Instead of being a forest harvest program, the amendments make the bill a forest stewardship program, according to Elliot Ruga, a senior policy analyst for the New Jersey Highlands Coalition. His organization opposed previous versions of the legislation but backs the new bill.

But Bill Wolfe, executive director of the New Jersey chapter of Public Employees for Environmental Responsibility, argued the bill lacked adequate safeguards to protect public lands.

“Just 10 years ago, the Legislature enacted the Highlands Act to prevent fragmentation of forests,” he told the Assembly Agriculture and Natural Resources Committee. “It’s moving in a completely different direction.” …

Even with its many critics, both measures were endorsed by some of the more influential conservation organizations in the state, including the New Jersey Audubon Society, the New Jersey Conservation Foundation, and the Pinelands Preservation Alliance – as well as the New Jersey Farm Bureau.

The same conservation groups are either openly supporting or not opposing the DEP plan to log the Pinelands. They must be stopped.

So, to mix a metaphor and beat a dead old adage: those that don’t learn from history ……..

(and take a look below at the Pinelands forests they are trying to create via “thinning” and “feathering” “treatments” – compare it to the forest you see in the photo above:

Screen Shot 2022-10-24 at 7.25.28 PM

Categories: Uncategorized Tags:

Environmental Justice Leader Says Gov. Murphy “Doing A Really Good Job” On Climate And The Environment

November 5th, 2022 Comments off

Remarks Almost A Caricature Of Ineffective Activism

But hey, he’s got some great posters!

Screen Shot 2022-11-04 at 9.36.02 AM

NJ Spotlight reporter David Cruz’s show “Chat Box” featured a very interesting conversation with “environmental and social justice activist Marcus Sibley and Jeff Tittel, former director of the New Jersey Sierra Club, [who] talk about climate change and the environment in the state.”(listen, segment starts at time 13:35).

At the outset, I must note that Mr. Sibley was not properly identified – he works for the Northeast Office of the National Wildlife Federation as Director of Conservation Partnerships. His boss is my old friend Curtis Fisher, formerly head of NJ PIRG and an environmental policy advisor to Gov. McGreevey.

To give you just 2 quick examples of how far my friend Curtis has fallen from his current well feathered roost up in Maine at the NWF from when I worked with him in NJ: [also see End Note]

1) Curtis ran a campaign opposing the Whitman administration’s deregulation of energy. He toured the State and held protest events with a flatbed truck with a 30 foot tall screw under banners “You’re Screwed!” Where have those bold activist tactics gone?

2) Curtis served as inside champion and diplomat for my work at DEP and Jeff Tittel’s at Sierra Club to convince Gov. McGreevey to back the Highlands Act. It wouldn’t have happened without him. Where has the focus on strong legislative standards gone?

Now, at NWF, Curtis’ NJ partner is Exxon Mobil backed NJ Audubon. Yikes! How the mighty have fallen.

I also note that I was previously Policy Director or NJ Chapter of Sierra Club and worked with Jeff Tittel for more than 6 years and maintain a friendship with him.

There is no better conversation to illustrate what’s wrong with the current situation, particularly the approach of what passes for today’s environmental activists and the destructive role of identity politics (as I’ve written many times, what professor Nancy Fraser calls “Progressive Neoliberalism”).

The conversation began with a Cruz question to Tittel as to whether NJ has made any progress since Sandy.

Tittel accurately and bluntly described the situation:

No. In fact I think we’ve gone backwards because we’ve allowed all this development to happen down the shore in some of the most vulnerable areas when it comes to sea level rise and storm surge. … We built back a lot of hat was destroyed by Sandy in the same location, … so we’re really becoming more vulnerable.

Mr. Sibley was then asked for his views. He contradicted Tittel’s devastating critique with this:

I think, I think we’re doing a good job. There’s always more work that can be done. We’ve definitely acknowledged what’s been causing these storms

What. The. Fuck? Strike 1.

Sibley was then asked to identify the biggest collective success and failure coming out of Sandy. He replied:

I’ll start with the biggest failure. We really don’t understand how we have to meet this moment. We are in a climate crisis. … The biggest success is that we see what’s been happening in a  lot of low and moderate income black and brown communities. The flooding that happened under Sandy has been happening in black and brown communities all along.

What? Where do you begin to deconstruct that?

Happening all along? Sandy was a 1,000 year storm that killed 38 people in NJ. It caused $37 billion in damage.  That scale of destruction clearly has not “happened all along” in poor black and brown communities. There was no racial component to Sandy’ storm surge and flood elevations. It is true that poor, black and brown people frequently live in the most hazardous locations and least desirable real estate, but the magnitude of Sandy literally swamped those discriminatory land use practices (pun intended). The EJ land use issues are clear, they don’t need to be exaggerated by false Sandy claims.

We “don’t understand”? There is no lack of scientific, technical, legal, and financial understanding on how to “meet this moment”, both to reduce greenhouse gas emissions, transition to renewable energy, and mitigate some of the worst impacts (excluding extreme heat, which is an existential threat to human survival).

The current Murphy DEP Commissioner also likes to blame the public and claim there is a lack of public awareness. Former Corporate lawyers and bureaucrats always point the finger – diverts from their failures.

Tittel  provides an opposite take on that same question:

The success is public awareness of climate change and flooding. The failure is that we haven’t stemmed the tide or come anywhere close … we’ve just barely begun to scratch the surface. Even though we have a lot of public support we have to get the political will to make climate change one of the top issues facing the voters and holding politicians accountable to make sure they actually do things and not just give lip service. 

But, it gets even worse. Much worse.

Cruz then tries to stop the bleeding and bail Sibley out with a softball question about neglect of urban areas.

Sibley’s reply was pretty good in describing disproportionate environmental and health impacts in poor, black and brown communities. I completely agree with him, but he lacked any specifics or any linkages to what DEP is doing in permit programs and failure to implement the seriously flawed EJ law.

[Before readers assume my criticisms stem from a clueless, racist, old white man privileged perspective, check out how I write and talk about these urban EJ issues, and have done so for a long time, certainly long before the major Foundations began grant funding and the National Wildlife Federation did, e.g.

Screen-Shot-2021-04-06-at-2.27.42-PM2

Take a look at all these toxic emission sources – and this is not counting the Port, which creates regional impacts. All that toxic pollution isn’t just blowing over to Staten Island! Inmates and staff of Essex County jail are being “air boarded” every day! (We’ve heard about episodes of waterboarding at Guantanamo and torture at Abu Ghraib, but not about daily “toxic air boarding” at Essex County Prison.)

Cruz then asks Sibley why politicians are not responding and here’s where Sibley starts to go off the rails, and badly.

Sibley correctly notes that the core issue is political power. I agree.

But Sibley blames the victims for their lack of power! And he ignores the corporate criminals and their government puppets!

And he blames social justice activists who seek “more attention” and focus on things like police violence at the expense of “investing” in climate.

Sibley neglects to mention real problems. According to Sibley (by what he says and doesn’t say), the problem is not powerful corporation, billionaires, captured government, a rigged system, and corrupt politicians. The problem is not Gov. Murphy and the DEP and the NJ legislature. The problem is not a depleted lapdog stenographic corporate owned media who fail to cover the stories and hold the powerful accountable. The problem is not totally ineffective but well funded co-opted cheerleading environmental groups. The problem is not fake activists who play inside games and give politicians passes and political cover. The problem is not because the activists have abandoned traditional activism in favor of DEP “Stakeholder” meetings, press events with the Governor, and social media and identity politics. No, it’s none of that.

No, the problem is those poor black and brown people who don’t vote hard enough for politicians who provide no more than “lip service”. It’s those activist who seek “more attention” and are “not invested” in climate and EJ issues.

Sibley provided this deeply troubling assessment:

Politicians are not talking about it because they don’t feel this group has enough political power. It all comes down to power. So this is why we encourage all communities to get out and vote and not only vote to hold people accountable. … We have the numbers to make change, but a lot of people aren’t really invested in this particular topic because other topics give more attention. So, like police brutality is a police issue. That will get more attention than pollution, but pollution, air pollution specifically, is killing more black people than anything. This is one of those issues where we have to make sure we’re focused on social justice and policy brutality and criminal justice issue. But we also have to get engaged in what’s happening with our climate because that’s just as important.

Sibley then gets the political manipulation by politicians correct, but in doing so he went on to even more pointedly blame the victims and other social justice activists, while ignoring and giving a pass to those who hold real economic and political power:

Because we aren’t focusing our attention on it [climate] like we should, politicians think that they can just come around, 3 or 4 weeks before an election, hug a couple of people, shake a couple of hands, and that counts as their engagement with the community. So the community has to do more to show that they are viable.

You mean hug a few people and shake some hands like Gov. Murphy and DEP Commissioner LaTourette repeatedly do with members of NJ Environmental groups and EJ activists? Strike 2.

Cruz then asks Tittel if the environmentalists need a “Super PAC”, which of course Tittel dismisses as he lays out what kind of activism works (a backhanded criticism of current environmental groups who back Gov. Murphy and DEP):

We got things done because we showed up. … We need to go to the streets, we need to go to the barricades, we need to protest, we need to lobby.

We got a lot of important things done in this state because we stood up to the politicians and we made the environment an issue. We didn’t just sit and go to meetings where they get a chance to tap dance around us. We actually grabbed power by being politically active…. We have to not only get to the streets we have to mobilize … like we were doing before COVID with some of the student groups around the country that were demonstrating.

Now here’s where Sibley’s total collapse comes.

After Tittel just explained what works, what does not work (e.g, insider games and meetings) and the absolute imperative to hold government officials and politicians accountable, Sibley said this in response to Cruz’s question on “the environmental record of the Murphy Administration”:

I would say that the Murphy administration is doing a really good job.

A heckofajob! (Sibley here sounds more like the man Cornel West called the “black mascot of Wall Street” than his poster heroes Baldwin and Malcolm!)

After the Murphy administration diverted millions of renewable energy funds, has seriously harmed NJ’s solar industry  – leading the industry to fear “collapse” – and just days after the Murphy BPU punted on financing off shore wind transmission and PSE&G publicly threatened to terminate their investment in off shore wind, amazingly, Sibley then said this:

There’s been absolute investments in off shore wind and and other renewable energy sources. So we’re excited about that.

Sibley, despite Tittel’s direct criticism, then exposed the harm from playing inside games and elevating identity politics above policy:

I’m fortunate to be on a couple of coalitions that work directly with the Governor’s Office to make sure we putting the input and that equity is at the forefront of everything that we’re doing. So, in that regard, the Governor’s Office has been absolutely open to feedback and criticism at times as well. But also, we need to continue to push because incongruent decisions are made. So, on one end, we’re pushing toward renewables but in the next sentence we will make a reinvestment in a fossil fuel project….

I truly believe that we can continue to make these investments and work together, we could help the planet and help the people that have been exploited.

Strike 3, you’re out, Mr. Sibley (but nice tie, handkerchief, and posters!)

[I wonder if Mr. Sibley and his coalitions were invited to the Gov.’s decision briefing meetings on his $1 billion PSE&G nuclear bailout (increasing at $300 million/year), or the amendments gutting of the EJ bill, or expansion of the NJ Turnpike, or permits for LNG export, or denial of Empower NJ’s petition for rulemaking to impose a moratorium on new fossil infrastructure, or the many flaws in the BPU Energy Master Plan, or the DEP’s massive Clean Water Act water quality standards “variance” loophole, or DEP’s Pinelands logging plan, et al]

Tittel then further embarrasses Sibley and sets the record straight on the Murphy administration’s record:

I think the Murphy administration has been a lot of talk and no action. Every major Christie rollback, from costal rule to dealing with flooding, are still in place … 5 years after he became governor and 4 years after he promised to get rid of those rules and replace them with stronger rules. We’re still working under the same rubric of Gov. Christie rollbacks, giving out [DEP] permits in places we shouldn’t build. (more)

Off shore wind is good, but there’re no guarantee that any of that off shore wind is going to replace any on shore fossil power plants. At the same time thee Governor talks about off shore wind, [DEP] is permitting fossil projects throughout the state. … So there’s been a lot of talk …. but we have to see deliverables. It’s 10 years after Sandy and we have yet to see one rule proposed and adopted that actually deals with climate change across the board. We have to reform our coastal programs that are still pro-development and don’t look at flooding from climate change. And it’s across the board. And unfortunately I think that the Governor likes to play to the audience, but there have to be deliverables and the deliverables are not there yet and time is running out for us and for the planet.

Ouch!

And the NJ Spotlight producers/editors obviously get it, because Tittel’s remarks were made against video showing environmental cheerleaders embracing the Gov. during his toothless Executive Order signings!

[End Note: If you’ve gotten this far, you must be a wonk, so 2 more points that can take Curtis off the false pedestal I created and more accurately portray Curtis Fisher and shed more light on his compromises:

1. Curtis was involved in all the political deals that paved the way for passage of the Highlands Act, including a score of amendments that significantly weakened the introduced version of the bill I was involved in drafting, S1, including something like 17 exemptions!

2. During the Whitman administration, before Tittel arrived at Sierra, I was Acting Director. Whitman DEP supported and the legislature passed a really bad “Grace Period” bill that would have gutted DEP enforcement. Here’s Whitman confirming what that bill was all about in her US Senate Confirmation testimony as Bush EPA Administrator in a typical Whitman highly misleading response to a Question by notorious climate denier Senator Inhoffe:

Rather than giving them a letter or a notice of violation immediately with the fine attached, we go to them saying, these are the problems. This is what is happening. How are you going to clean it up? What can we do to work with you to clean it up? We give them a grace period in which they can resolve the problem, without resorting immediately to the threat of fines and sanctions.

But here’s the accurate description of Whitman in the New York Times of December, 26, 2000 (``Two Grades, One Record,” pps. 1 & 26.):

. . . she cut its budget (NJDEP) by 30 percent and laid off hundreds of workers. She ordered that State regulations be no more stringent than Federal rules. And she cut inspections, eliminated penalties and introduced grace periods for violators, to the point that collections of environmental fines plunged 80 percent. Adopting the motto “Open for Business,” Governor Whitman eliminated the environmental prosecutors Mr. Florio had introduced, and replaced a public advocate’s office, which had at times sued the State on behalf of environmental groups, with a business ombudsman’s office to guide businesses through the permitting process. And she sought to move away from punitive measures toward voluntary compliance. (P.26)

After the Grace Period bill passed, I took the lead and wrote the environmental community’s letter to Whitman requesting that she veto the bill.  The letter flagged 7 fatal flaws. We got a meeting with Whitman’s Chief of Staff Eileen McGuiness. Curtis was there and at the time, he was a Trenton leader, while I was a relative newbie in ENGO circles, after a decade at DEP.

She went around the room, seeking a compromise, and asked for each group to priorities 1 or 2 issues that the Gov. might include in a Conditional Veto (CV). When it was my turn, I insisted on all 7 issues in the letter. McGuiness got red faced angry. She said we were not going to get everything we wanted and that the meeting was over if I insisted on all 7. I remained at the meeting.

About a half hour later, at the end of the meeting, McGuiness again surveyed the group seeking 2 or 3 priority issues. Again, when she got to me, I insisted on 7.

In the Statehouse hallway after the meeting, Curtis angrily chewed me out for violating negotiating basics, and said I harmed his and everyone’s credibility.

But I knew I was right, I knew the bill was very bad, and I was not going to comprise and cut any dirty deal.

And Whitman did issue a CV and it included every single one of my 7 demands!

The legislature concurred and the bill was enacted into law and it still sucks, but it could have been much, much worse, especially if people had followed Curtis’ compromised political instincts.

Here’s Curtis leading his pack of cheerleaders at Gov. Murphy’s second inaugural in some corporate venue in the NJ Meadowlands. It’s kind of the opposite of that classic scene where Emerson tries to bail Thoreau out of jail for not paying his taxes. Emerson says, Henry, what are you doing in there? Thoreau replies: Ralph, what are you doing out there? Curtis and friends: what the hell are you doing in there?

image1

Categories: Uncategorized Tags: