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The NJ Highlands Council Killed A Controversial Warehouse Project On Farmland

October 21st, 2024 No comments

Huge Victory For Local Activists – But Zero Press Coverage

Last Thursday, the NJ Highlands Council voted to reject a proposed massive new warehouse project on farmland in rural Warren County.

You can listen to the strong public testimony opposing the project and the Council’s deliberation and vote by hitting this link (discussion starts at time 42:00)

The vote was a huge victory for local activists and sets a good precedent as the first test of the Highlands Council’s highly touted new “warehouse policy”.

Frankly, I was surprised that 4 Council members – Dougherty, Dressler, Francis, and Sebetich – stood up to the political pressure and voted NO to defend the integrity of the Highlands Master Plan and the Council’s own warehouse policy. They should be thanked for having the integrity and courage to do the right thing, certainly under significant political pressure.

Shame on the 6 Council members who voted YES, particularly Council member Dan Van Abs, who surely knows better, but hid behind a sham excuse that he was merely “following the rules” and the RMP.

I was deeply troubled by Van Abs’ lame excuse and the deliberations of the Council.

Several Council members emphasized deference to “home rule” and falsely claimed that it is not the Council’s role to be the final arbiter of local land use decisions. This is particularly and egregiously wrong when it comes to designation of areas for “redevelopment” (more on that in future posts).

I wrote 3 posts criticizing the project, see:

Curiously, there has been ZERO press coverage – none – despite significant Statewide coverage of the warehouse issue, favorable coverage of the Highlands Council’s new warehouse policy, and specific coverage of this particular warehouse proposal.

Similarly, the well funded NJ Highlands Coalition, who testified in opposition, has not issued any press release or public statement to praise the Council members who voted NO, recognize the work of local activists, and declare victory.

Why is that?

We delve into those questions in future posts.

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Highlands Council Votes Tomorrow (Thursday) On Controversial Warehouse On Rural Farmland

October 16th, 2024 No comments

Council Will Designate Farmland As An Area In Need Of Redevelopment

Scheme Recommended By The Council Because Developer’s Plan Was Not Approvable

Sorry for the late notice, but the Highlands Council’s meeting agenda for Thursday October 17 at 4 pm includes public comment and a council vote on massive new warehouse development on rural farmland (see item #10)

10. PLAN CONFORMANCE COMMITTEE

• CONSIDERATION OF RESOLUTION – Determination on Application for Highlands Redevelopment Area Designation for Township of Lopatcong, Warren County, Block 102 Lots 9, 9.01 and 9.03 and Township of Pohatcong, Warren County, Block 1 Lot 1.01 (voting matter with public comment) – *Read the Resolution

This is an outrageously bad project on its merits, but it is made far worse by the fact that the scheme, i.e. an Application for Highlands Redevelopment Area Designation, was cooked up and recommended by the Council itself because the developer’s original plan conflicted with and was not approvable under Highlands Regional Master Plan (RMP) as a “Highlands Center”.

Here is text from the Highlands Council’s staff Report that openly admits that corruption:

The Township originally submitted a Highlands Center designation proposal including these properties. After a review of the proposal by the Plan Conformance Committee on October 5, 2023, it was recommended that the Townships amend the center petition to remove these properties and instead submit a Highlands Redevelopment Area application. This recommendation was based on the proposed redevelopment of the Phillipsburg Mall property and the lack of comprehensive center-based planning that the finding for a consistent Highlands Center would require.

In another outrageous move, the Council is using paved parking lots (impervious cover) from a nearby Mall in order to calculate and make the farmland comply with and meet the RMP impervious cover requirements for a “redevelopment area”. Again, the Staff Report admits that:

The Phillipsburg Mall redevelopment project is exempt from the Highlands Act and has received all local approvals. It is included in the application to reach the necessary impervious surface calculations to qualify the rear area as a Highlands Redevelopment Area.

Finally, the farmland being destroyed for the proposed warehouse would not be eligible for sewer service without this corrupt “redevelopment area” designation that was cooked up by the Council. Again, the staff Report openly admits that:

The RMP does not support extension of water/sewer service in the Conservation Zone or any of the environmentally constrained sub-zones (rear property). The service extension would only be permissible for the proposed warehouse with the approval of the Highlands Redevelopment Area.

This is corruption at its worst and would establish a horrible precedent, including on other critical issues, like mitigation and other issues.

I wrote about that in this post, so you can hit the links and get the relevant text from the Staff Report:

Please attend the hearing at 4 pm and oppose this project!

[End Note: for those that do not know me, I was an architect of and represented the DEP Commissioner as a member of a very small team from Office of Legislative Services that drafted the introduced version of the Highlands Act (Senate No.1 – the version without all the exemptions and other political compromises).

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Once Upon A Time In Trenton

October 15th, 2024 No comments

The Press Used To Seek Government Accountability – They’re Not Even Trying Anymore

Check out this Trenton Times editorial, from back in the day (2011):

EPA should release information on contaminated N.J. sites

“By failing to disclose these hazardous ratings, EPA keeps the public in the dark about risks in their communities and frustrates their efforts to hold polluters and government accountable,says New Jersey PEER Director Bill Wolfe.

He’s right. And PEER was right to file the suit since it appears that will be the only way to get the information.

Can you even imagine a NJ press outlet today agreeing with me and saying that I’m right?

Believe me, I haven’t changed over time, but have become a pariah.

How about this one, from two years prior, back in 2009. Could you now even imagine a media outlet quoting me criticizing a main stream Obama Democrat?:

Still, critics like Bill Wolfe, the former director of the state PEER group and a columnist for the Newark Star-Ledger, say Jackson has not done enough to regulate greenhouse gases in the state. Wolfe argues that the DEP had the power to curb emissions even before passage of the Global Warming Response Act in 2007. “Although Jackson is touted as a leader on global warming, few realize that she has done nothing to regulate greenhouse gas emissions as NJ DEP Commissioner, despite having existing regulatory authority to do so,” wrote Wolfe in a recent column. “The Jackson record amounts to the same as the Bush policy — no regulation, no action, no reductions.”

Here is DEP’s own regulatory statements about DEP authority to regulate greenhouse gas emissions. As I wrote, DEP has since taken down the link, but buried on page 4 of Appendix 3: New Jersey Accomplishments and On-going Efforts with Respect to Greenhouse Gas Legislation, Regulations, Policies and Programs DEP wrote:

“CO2 as a Pollutant

In November 2005, New Jersey adopted a new regulation under the authority of New Jersey’s Air Pollution Control Act to classify CO2 as an air contaminant. This rule enables the State to implement its responsibilities under the RGGI (discussed in greater detail below) and to enact additional rules to reduce CO2 emissions from other sectors as necessary. It also sends a powerful message in light of the federal government’s failure to regulate CO2 under its existing Clean Air Act Authority. New Jersey also added CO2 as an air pollutant in its emission statement program requirements. The emission statement program require the annual reporting of actual emissions of about 50 air contaminants by approximately 700 of the largest stationary sources of air pollution in New Jersey.” (page 100)

Or consider this one, criticizing Cory Booker as US Senator:

Count Bill Wolfe, director of New Jersey Public Employees for Environmental Responsibility, as one of Booker’s immediate critics.

“Let’s just say Booker is no Frank Lautenberg on environmental issues,” said Wolfe by email. “He’s got lots of the buzzwords ‘sustainability’ and ‘environmental justice’ and ‘green jobs,’ but on the regulatory side, [he] did nothing to block the re-issuance of a garbage incinerator permit when that facility should have been shut down.” …

But that incinerator should have been closed for good, said Wolfe. “The retrofit with scrubbers was a band-aid.”

According to Wolfe, Booker has allowed Gov. Christie and corporate redevelopers to have their way with Newark without standing up much to either.

Frank was a leader,” said Wolfe, “Booker not so much.”

Or how about this ABC TV News expose, slamming the deregulatory policies of NJ Gov. Christie:

“You’ve got safety risks posed because there’s lax government oversight and there’s this profit motive to drive the facility and maximize its profit and that kind of scenario leads to unacceptable risks,” said Bill Wolfe from the NJ Public Employees for Environmental Responsibility.

Environmentalist Bill Wolfe spent 13 years with New Jersey’s Department of Environmental Protection. He says the massive spill in the gulf occurred because BP cut corners on safety while the regulators looked the other way. Wolfe says Governor Christie is making the same mistake by issuing executive orders that call for immediate relief from “regulatory burdens” and “waivers” from regulations.

Bill Wolfe: “This executive order will put into force of law, the exact same policies that led to the disaster in the Gulf.”

Eyewitness News Reporter Jim Hoffer: “You’re saying that this executive order will bring the polluters and government to an even cozier kind of relationship?”

Wolfe: “Right, it will make government facilitate, not regulate, but actually promote the interest of the polluters, protect the polluters, not the people of the state.”

How about this vindication, by the Bergen Record editorial Board:

My claim was validated by a killer 4/25/10 Bergen Record story and an April 30, 2010 highly critical editorial titled “Cleaner Water”. The Bergen Record editorial hammered Christie DEP Commissioner Bob Martin’s blatant lie:

Cleaner water 

[DEP Commissioner] Martin’s new opinion came about after he was embarrassed publicly. The Public Employees for Environmental Responsibility released e-mails sent to Martin from the EPA that made clear that even if the agency imposed a limit, 6 1/2 years could elapse before the rule was in place, Staff Writer James O’Neill reported. Martin would have been playing Russian roulette with the public’s health.

Let that sink in: the Bergen Record editorial board [correctly] accused the Christie DEP of “playing Russian roulette with the public’s health”. (but “embarrassed publicly” is a pretty lame dodge instead of calling out DEP Commissioner Martin’s’ blatant lie.)

You don’t see any of this anymore.

Why is that?

[Update – A reader just emailed me to suggest that I give up on legacy media and post to X. Hahahaha! Elon and X already shadow banned me!

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Big Oil And Gas Are Holding The Clean Energy Transition And Grid Modernization Hostage

October 11th, 2024 No comments

Princeton Professor’s Work Used To Support Climate Rollback Bill

Junk Modeling At Princeton

We Go Down The Modeling Rabbit Hole

There is consensus that in order to make the transition to “clean” (renewable) energy, that major investments and upgrades to the electric transmission grid are required. There also is widespread agreement that there needs to be changes to federal approvals and permitting to resolve a huge backlog of solar and wind projects seeking to connect to the grid. Climate scientists, policy experts, and activists (with whom I agree) also demand an end to fossil fuel extraction (“keep it in the ground”).

But the powerful Big Oil, Gas, and Coal lobby, who have long successfully opposed any restrictions on their fossil production and profits, is now holding legitimate grid modernization and renewable energy transition reforms hostage to guarantees to promote even more fossil fuels extraction and infrastructure. They also are seeking to dismantle existing environmental protections.

Corporate Big fossil are doing that by demanding that any federal “reform” legislation that addresses grid modernization and renewables also include fossil promotion and deregulation. That is the insane game they are playing and their well funded puppets in Congress are going along.

But if you read yesterday’s NJ Spotlight story on pending federal legislation purported to “reform” energy permitting, modernize the electric grid, and accelerate the clean energy transition, you might think that the legislation is “bipartisan” (a term used in the story’s headline) and – wait for it – would REDUCE both energy prices and greenhouse gas emissions (emphases mine):

If a bipartisan bill pending in the Senate becomes law, it could lead to lower electricity prices for the public, including customers in New Jersey. […]

Overall, the bill, due to its sections about transmission, would result in cuts in greenhouse gas emissions, according to modeling researchers, including Jesse Jenkins at Princeton University, released last month.

My jaw dropped when I read those claims, because if you simply listen to the Senate hearing you learn that Democratic Senators Wyden and Sanders strongly opposed the bill in Committee.

Senator Wyden denounced the bill and sought amendments to block oil and gas drilling off the west coast. His amendment failed. Senator Sanders blasted the bill by stating that the LNG provisions alone would increase greenhouse gas emissions by the equivalent of 165 coal power plants. He proposed an amendment to delete the LNG section. It too failed.

Senator King (I – Maine) sought an amendment to block oil and gas development off the New England coast. It failed too.

Over 360 environmental and climate groups vigorously oppose the bill.

The environmentalists wrote: (read the whole thing – boldface in original)

On behalf of over 360 organizations, representing millions of members and supporters, we write to express our opposition to the Energy Permitting Reform Act of 2024 (S. 4753). This legislation guts bedrock environmental protections, endangers public health, opens up tens of millions of acres of public lands and hundreds of millions of acres of offshore waters to further oil and gas leasing, gives public lands to mining companies, and would defacto rubberstamp gas export projects that harm frontline communities and perpetuate the climate crisis.

These groups have issued multiple press releases documenting the flaws in the bill, see:

Senator Joe Manchin and his Big Oil, Coal, and Gas promoting Republican colleagues are the only ones who call this legislation “bipartisan”. If you listen to the Senate hearing on the bill, Wyoming Republican Sen. John Barrasso blasts the Biden administration’s energy and climate policies, including efforts to “pause” oil, coal, and gas drilling and leasing on public lands and a moratorium on the approval of LNG export plants.

So how on earth could NJ Spotlight’s Washington DC based reporter miss all that and get spun so badly by his biased Neoliberal technocratic sources?

Aside from the politics and lousy journalism, I was intrigued by how the work of a Princeton University’s “modeling researcher” could be cited as evidence to conclude that the bill would reduce greenhouse gas emissions.

So, I hit the links and went down the modeling rabbit hole.

The modeling being used to support these sham claims is the following:

  • Onshore Oil and Gas Leasing modeling by RFF can be found here.
  • Offshore Oil and Gas Leasing modeling can be found here.
  • LNG Export Terminal modeling by Jesse Jenkins can be found here.
  • Electric Transmission modeling by RMI can be found here.

I decided to drill down on the Princeton LNG export model because it was cited by NJ Spotlight, because it contradicted Senator Sanders and climate activists claims (i.e. LNG exports would increase GHG emissions equivalent to 165 new coal power plants!); and because intuitively it seemed absurd that increasing LNG exports (and natural gas fracking to produce the gas for those exports) would reduce GHG emissions!

Not surprisingly, the LNG export model was based on highly dubious economic assumptions, flawed science, and produced a wide range of unreliable conclusions that DO NOT SUPPORT THE NJ SPOTLIGHT CLAIMS ABOUT NET EMISSIONS REDUCTIONS.

Princeton Professor Jesse Jenkins’ LNG model can be found in this draft unpublished paper, (which has not undergone peer review and therefore does not warrant the favorable news coverage it received by NJ Spotlight):

Hitting the link and opening the model’s spreadsheet, you find the following dubious assumptions and results:

  • increasing LNG exports by 11.1 billion cubic feet per day (Bcf/d) results in a US domestic price increase of 9 – 15% (keep in mind that NJ Spotlight reported price decreases)
  • that domestic price increase will reduce US demand by 3.5 – 4.3 Bcf/d
  • higher domestic gas prices will increase US natural gas production by 8 – 8.8 Bcf/d
  • combining these factors in US energy markets results in a range of greenhouse gas emissions from a reduction of 50 million metric tons (MMT) to an increase of 110 MMT (using the 100 year warming potential of methane, not the far more potent 20 year timeframe mandated by NJ law)

The model then examines impacts on world energy markets and again the results are highly suspect and the huge range of outputs is not reliable:

  • increase in US LNG exports would reduce world prices by 4 – 6% (the folks in Germany might differ with that conclusion. Here’s the typical European headline: “Electricity & gas hit record prices in 2022″
  • lower world prices increase natural gas consumption by 3.5 to 4.1 Bcf/d
  • increased use of natural gas displaces coal and reduced GHG emissions
  • based on these world market conditions, greenhouse gas emissions range from a reduction of 70 MMT/yr to an increase of 60 MMT/yr (again using warming potential 100)

And here is the final conclusion of US domestic and world impacts:

summing the full range of plausible effects across the US and there rest of the world, I estimate the net change in annual global GHG emissions circa 2035 – 2040 ranging from a decline of 120 MMT/yr to an increase of 170 MMT/yr

That’s a range of 290 MMT/year! (that’s some “confidence interval” eh?)

Jenkins then dismisses the impact of using the more powerful 20 year methane warming timeframe: it “does not have a significant effect”. (keep in mind that NJ law requires that BPU and DEP use the more potent 20 year timeframe).

What Jenkins finds not significant is that his modeled range of emissions INCREASES from -170 to +240 MMT/year  (instead of -120 to +170 MMT/yr).

We didn’t examine them, but will assume that the other 3 models (see above) have similar flaws.

How can such widely ranging (and thus uncertain and unreliable) modeled outputs be cited as evidence to support a claim that the legislation would REDUCE both prices and greenhouse gas emissions?

I emailed professor Jenkins to ask him to support his assumptions and results with real world data.

I’ll let you know if I get a reply.

[Update – just opened my email and here is Professor Jenkins’ reply:

Dear Bill,

The overall emissions impact of the proposed permitting reform act are highly uncertain and span a wide range. Several different analysts and modeling groups have assessed the potential impact of specific sections of the bill. As you have seen, I have looked into the potential impact of expanding LNG terminals. My analysis is an extreme upper bound on the impact of the legislation, as I explain in the research note. Third Way’s Clean Energy Program put out a composite memothat combined several different analyses to present a range of possible aggregate impacts. That is what the NJ Spotlight article refers to. I did not contribute to the writing of that memo, but I am comfortable that my work on LNG has been presented accurately.

Regarding choice of GWP: my work includes both, and the results are not significantly different. There is no “right” choice of GWP to use, as both are oversimplifications of the impacts of different GHGs on climate change. Methane is much more of a flow problem, where the instantaneous peak warming impact and potential to trigger irreversible tipping points in the earth-climate system are the primary concern, but once emissions are reduced, warming is reduced immediately. In contrast, CO2 emissions are effectively permanent and are thus a stock problem: reducing cumulative CO2 emissions is the single most important determinant of long-term climate damages and equilibrium warming. There’s no right answer here, and choice of GWP often reflects implicit normative or ethical judgements (which are not always applied consistently: for example, using GWP 20 implies a very high discount rate as it disregards warming impacts beyond 20 years; while applying a high discount rate would similarly discount long-term climate damages that are the primary rationale for treating climate change with urgency).

Regarding elasticity of supply and demand estimates, these parameters are uncertain but derived from economics literature based in empirical analysis of past responses to price changes. The fact that supply and demand respond to changes in price and vice versa is well established empirically. Considering the multiple reactions of both supply and demand to changes in US LNG exports is important to capture the full picture of potential climate impacts, and that is what I’ve done in my analysis. As parameters are uncertain on several fronts, I present a wide range of possible outcomes and leave it to the reader to determine which scenarios they find most plausible (as this is a subjective decision under deep uncertainty in any case and not my decision to make).

Jesse

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The DEP Has No Authority To Mandate That Polluters Install Solar In Order to Receive Permits

October 5th, 2024 No comments

DEP’s “Special Environmental Justice Conditions” For PVSC Newark Gas Plant Are Illegal

The Murphy DEP recently proposed a draft permit to approve the Passaic Valley Sewerage Commission’s (PVSC) proposed new natural gas power plant at their Newark regional wastewater treatment facility.

The draft air pollution control permit includes “special environmental justice conditions”, including conditions that would require the PVSC to install 5 MW of solar panels and 5MW of battery storage capacity.

While DEP mandated that minuscule solar capacity relying on dubious legal authority, they completely ignored regulation of emissions of 310,000 tons per year of greenhouse gas emissions!

Yesterday, I posted a rambling analysis and lengthy post about all that was wrong with that draft permit.

Today, I just want to make one point absolutely clear.

The DEP has no authority to mandate that in order to obtain an air permit (or any other DEP permit) that the permit applicant install solar panels and battery storage.

There is no law passed by the Legislature that authorizes DEP to do this (of course there never will be such a law until DEP and climate activists admit the truth, instead of defending toothless laws like the Global Warming Response Act).

There is no DEP regulation that authorizes DEP to do this and provides the technical rationale and scientific basis to justify it.

As I wrote in comments to DEP, the DEP can’t just pull requirements out of their hat.

[And the DEP “EJ Stressor Guidance” Document is not enforceable, see:

Although I strongly support solar – and for 40 years have advocated expansive interpretations of DEP’s regulatory authority – this is an outrageously lawless overreach by DEP.

It will harm and discredit DEP and climate efforts worse than DEP’s similar over-reach in proposing The BIG MAP during the McGreevey administration.

Similarly, the DEP Commissioner can not unilaterally  issue an “Administrative Order” to mandate regulatory “environmental justice reviews” by DEP that generate the so called technical basis for imposing these illegal “special environmental justice conditions” in permits.

If this wasn’t so serious and harmful to issues I care so deeply about, it would be funny.

A first year law student could tell you that this is blatantly illegal.

I really find it difficult to believe that DEP would be allowed to act so lawlessly and outrageously, particularly given the fact that DEP Commissioner LaTourette is a former corporate lawyer who clearly knows better.

This only empowers the climate deniers and right wing Federalist Society ideologues who seek to “dismantle the administrative state”.

What the hell were Governor Murphy and Attorney General Platkin thinking? Did they think that 5MW of solar and battery storage would mitigate the harms and provide political cover?

It really shows how political DEP has become under the Murphy administration and how far they have strayed from science and law, in favor of  “the narrative”.

This DEP political stunt will fail and go down in flames, while much needed real substantive reforms to current laws and DEP regulations will be ignored and undermined by the debacle now underway.

Shame on LaTourette and Co. for this unforced and cynical error.

This is a huge setback for environmental justice and climate programs.

[End Note: I friendly reader sent me an email saying the only thing that counts is what Commissioner LaTourette can get away with. I sent this reply:

He won’t get away with this one.

If that permit were allowed to stand, that would mean that DEP could mandate solar installations at thousands of facilities with air permits.

NO WAY the business community will let that happen.

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