WolfeNotes.com

State Land Use Planning Is Transformed Into Business Advocacy

Another Green Light To Sprawl

Greetings!

Please be advised that I just received another “Cancellation” message from the Murphy administration’s “Office of Planning Advocacy” (which has become little more than an Office Of Business Advocacy).

The NJ State Development and Redevelopment Plan and the State Planning Commission have virtually been cancelled as well.

Government planning, regulation, and the State Plan are taboo, as a Wall Street oriented Governor and a former corporate lawyer DEP Commissioner abdicate to market forces.

That cancellation and abandonment of State government planning and regulation are reflected in the Murphy administration’s governance, as exposed by a host of ad hoc, uncoordinated, and environmentally damaging economic development policies like: expansion of highway capacity; crumbling and dysfunctional public transit; extended delays in conversion to renewable energy and electrification; expansion of fossil fueled natural gas infrastructure; extension of sewer/wastewater infrastructure to promote sprawl; neglect of the Pinelands, Highlands, and State Parks and Forests; and continuing vulnerability to all forms of disaster, including public health pandemics.

As a result, sprawl development has been revived and warehouses are exploding, while the last remaining farms and forests disappear and even the possibility of attainment of Clean Air standards and the greenhouse gas emissions reductions goals of the voluntary NJ Global Warming Response Act are vanishing.

Yet you wouldn’t know any of this from NJ media or the environmental groups, who all praise and parrot the firehose of self serving DEP press releases.

Happy Climate Week!

Screenshot

Looks More Like “Vulnerability” and “Inundation” To Me

The photo above is posted on the Murphy DEP’s “Resilient NJ” website.

I went there because DEP issued another over the top press release today that announced a new $20 million “resilience program” TO MODERNIZE STORMWATER INFRASTRUCTURE AND MANAGEMENT IN FACE OF CLIMATE CHANGE THREATS (caps in DEP original).

The money is from federal infrastructure funds, not state appropriated funds, so there was no political leadership or tough budget decision required by the Murphy Administration.

That money also provides another opportunity for DEP to make a partisan electoral plug – another example of the politicization of virtually everything the Murphy DEP does:

The [DEP resilience] program is funded by $20 million from the Biden-Harris Administration’s American Rescue Plan.

Another misguided thing the Murphy DEP seems adept at is throwing money at problems and relying on “incentives’ and failed voluntary programs, instead of enforcing environmental laws and ratcheting down on regulations.

Of course, throwing money around also buys friends, co-opts critics, and generates good press, something Commissioner LaTourette has shown to be well suited for.

In sharp contrast, enforcement and regulation tend to prompt harsh criticism, particularly by the corporate business community. We can’t have any of that now, can we?

But let’s get back to that DEP photo on their “Resilient NJ” webpage.

It sure looks like “Inundated or Underwater NJ” to me – barrier islands and all those houses are soon gone, according to DEP’s own science on sea level rise and coastal storms.

Their own photo makes the case for the need for a policy of “strategic retreat” – which is something they literally bury their heads in the sand and ignore (while they throw tons of public money at failed “solutions”).

The irony (and cluelessness at DEP) are truly remarkable.

Another Dangerfield Day

Sometimes I feel, sometimes I feel,
Like I’ve been tied to the whippin’ post.
Tied to the whippin’ post, tied to the whippin’ post.
Good Lord, I feel like I’m dyin’ ~~~~ Whipping Post (Allman Brothers Band, 1969) 

I still get pissed by crap like this.

My note to DEP Commissioner LaTourette is self explanatory:

Dear Commissioner LaTourette:

In just now reading the Department’s Water Supply Plan (2024 Update), I came across this misleading and incomplete historical claim on page 125: (emphasis mine):

“Maintaining Infrastructure: Starting in 2008, the New Jersey Clean Water Council (CWC) has conducted public hearings focused on water-related environmental infrastructure (including drinking water), regarding objectives, needs, financing, and management in the State.”

https://dep.nj.gov/wp-content/uploads/water-supply-plan/2024-njswsp.pdf#page=5

The Clean Water Council received expert testimony on infrastructure years BEFORE 2008.

For the record, I was one of the very, very, very few people who put this issue on the policy agenda back in 2005. Here is my testimony FYI (with opening excerpt):

Testimony to the Clean Water Council October 31, 2005

Bill Wolfe, Director, NJ PEER

A public investment strategy and regulatory agenda to protect public health, quality of life, drinking water and preserve remaining high quality streams, lakes, rivers, wetlands, forests, & farms.

Need for Public Investment – Financing environmental infrastructure deficits

The first priority of the Clean Water Council should be a strong recommendation to the next Administration to get the environmental infrastructure deficit issue on the political and policy radar screens. The Council should focus on the fact that environmental infrastructure deficits are a serious and long ignored problem that threaten NJ’s economic future, quality of life, public health, and ecological integrity. The Council needs to emphasize that water resource and environmental infrastructure expenditures are investments. The Council should recommend the absolute need to establish creative new funding sources to finance this critical deficit.”

Full testimony, here:

https://dep.nj.gov/wp-content/uploads/cleanwatercouncil/pdf/2005_testimony_bill_wolfe.pdf

It’s a shame that the Department has no respect for history and is incapable of listening to and learning from its critics and former leaders.

Bill Wolfe

Former DEP Deputy Commissioner And His Hired Wife

Moriarty Deleted His Incriminating Linked In Biography Account Today

(Caption: former Murphy DEP Deputy Commissioner Sean Moriarty (center) grabs the mike to speak at NJ BIA conference panel of former DEP  high level managers, 6/4/24)

DEP issued another self serving and highly spun press release today. No biggie – the sun rose in the east.

But I was intrigued by the anomalous stormwater award to flood prone Lambertville (of all places), as well as this quote: (boldface in original)

“There is a lot of work to be done to upgrade our state’s stormwater infrastructure and to improve water quality and reduce flooding, but these benefits cannot be achieved without the cooperation between the state and local communities. Lambertville has proven to be an invaluable partner in these efforts and a true leader among municipalities,” said Jennifer Moriarty, Assistant Commissioner for Watershed and Land Management.

Yes, Lambertville has chronic and severe flooding problems (and the town just so happens to be threatened by a 200 housing unit development by K. Hovnanian on a forested parcel of land on steep slopes just above downtown). Just look at downtown photos after tropical storm Irene (8/28/11):

But aside from the absurdity of a stormwater award to a Delaware Riverfront town that faces chronic flooding – but regardless is approving a massive new 200 unit development on steep forested slopes on bluffs just above town – just who is DEP Assistant Commissioner Jennifer Moriarty?

Well, it turns out that she just so happens to be the wife of former DEP Deputy Commissioner Sean Moriarty –

It appears that she was hired during his tenure – a man I recently filed an ethics complaint to the State Ethics Commission, see:

• Murphy DEP Corporate Revolving Door Swinging Wildly

I followed that complaint up with addition information, see:

• Polluters’ Lobbying Conference Stacked With Former DEP Officials

Yet despite the pending State Ethics Commission review of Moriarty’s post employment work, Mr. Moriarty brazenly and flagrantly violated ethical post employment restrictions at the NJ BIA conference (I guess he couldn’t help himself being amidst all those fellow former DEP manager revolving door hacks).

Having seemingly been ignored by my alleged post employment violations by Mr. Moriarty, today, after learning of his wife’s position, I called Nepotism on his Assistant Commissioner wife and filed another complaint to the State Ethics Commission:

Dear State Ethics Commission:

Please consider the following *June 4, 2024 remarks by former DEP Deputy Commissioner Sean Moriarty as a private attorney (and ELEC regulated lobbyist) at the NJ Business and Industry Council’s conference panel on “How To Improve Regulatory Programs At DEP”, see:

https://njbia.org/videos/how-to-improve-regulatory-programs-at-njdep/

At the time, Mr. Moriarty was acting as a private attorney and ELEC regulated lobbyist seeking to influence government policy.

He clearly was making statements based on his confidential experiences at DEP, and he was sharing information and expertise “otherwise not available to the public” within the post employment timeframes under ethics code.

I urge your investigation of Mr. Moriarty for compliance with NJ ethics laws, including the situation outlined in the email below.

Bill Wolfe

Here is the “below email” on Nepotism I sent to the ethics Commission and to DEP Commissioner LaTourette:

Dear Commissioner LaTourette:

I am writing based on disturbing information I obtained in the DEP press release issued today (see https://dep.nj.gov/newsrel/24_0040/

I am sure that you must know that your current Assistant Commissioner for Watershed Management and Land Use, Jennifer Moriarty – who is quoted in that press release – is the wife of former Deputy Commissioner Sean Moriarty (who recently left DEP and is now in the private sector representing clients with business interests and appearing before DEP), see:

https://nj.gov/dep/commissioner/orgchart.pdf

I thought that your appointment of current Deputy Commissioner Jane Rosenblatt, the daughter of former DEP high level managers Dave Rosenblatt and Liz Semple, was highly suspect with respect to nepotism. Worse, Ms, Rosenblatt clearly lacked the qualifications and experience to fit that Deputy Commissioner position when you appointed her.

These appointments raise serious revolving door, post employment restrictions, nepotism, and conflict of interest issues. They also seriously impair you judgement and professionalism.

Frankly, I am appalled and therefore via this email am referring this situation to the State Ethics Commission for investigation.

Bill Wolfe

In a followup post, I will be writing a more detailed expose about all the interconnecting corrupt relationships between Moriarty, his wife, other DEP managers, K Hovnanian, and the corrupt Lambertville 200 unit development.

Amazingly, corrupt indicted machine politician George Norcross is involved as well.

But for now, I leave it with this revealing episode.

Almost immediately after I posted a critical comment that exposed the fraud, Mr. Moriarty took down his Linked in site.

But I was sure to save this comment – She desperately wanted so badly to be part of the “Club”:

How can Sierra Club’s director praise this corruption?

DEP Says Lack of Data On Extent of Unregulated Chemicals In Drinking Water Makes It Impossible To Regulate Them

DEP Also Claims That DEP Lacks Legal Authority To Collect That Data

When Will “Emergent Contaminants” Emerge Into Public Awareness & DEP Regulation?

There Are Hundreds Of “Emergent” “Forever Chemicals” Out There

The Murphy DEP yesterday released the Statewide Water Supply Plan (update), which provides the policies, plans, and regulations that govern NJ’s drinking water.  DEP wrote in the passive voice, as if the plan “was released” by some unknown entity:

The 2024 New Jersey Statewide Water Supply Plan was released September 23, 2024. It presents updated water supply data, reflects the most current and best available science and for the first time assesses water supply challenges resulting from climate change.

You can read the plan here.

Buried after the Executive Summary, 8 Chapters, a glossary, and 12 technical Appendices – hundreds of pages – you can find the DEP’s “Response to [Public] Comment Document” on the draft plan.

Further buried in that Document one may find an extraordinarily irresponsible claim regarding what DEP calls “emergent contaminants”.

“Emergent contaminants” are hundreds of chemicals that DEP KNOWS are present in NJ drinking water but are not regulated and therefore there are no health based standards and no treatment technologies required to remove these chemicals from your drinking water.

That’s right: DEP scientists have documented and DEP KNOWS that there are hundreds of toxic chemicals – at unknown concentrations and with unknown adverse health effects – in your drinking water from the tap and in the sources of drinking water, i.e. reservoirs, rivers, and groundwater. (see the DEP’s own admissions in the December 4, 2023 edition of the NJ Register (see: 55 NJR 2430(a).)

DEP also knows, and has publicly stated, that it is not feasible to adopt protective regulations and standards for such hundreds of chemicals under the current regulatory approach, which requires extensive data and scientific documentation on the presence, concentrations, and toxicology of each individual chemical. A single chemical typically takes several years of DEP investigation before a drinking water standard, known as a “Maximum Contaminant Level” (MCL), can be adopted. The chemical industry and private water companies typically throw up legal, scientific, and political roadblocks that delay the MCL process even further.

This is not a minor issue and I’m not fearmongering: the most recent “emergent contaminant” to emerge into the light of public awareness are the class of toxic chemicals commonly referred to as “forever chemicals”, e.g. PFOA, PFAS, PFNA et al.

Another class of chemicals known as “endocrine disruptors” and “pharmaceuticals” “emerged” and received some public and press attention about 20 years ago, but that attention has long faded, no doubt as a result of the suppression campaign of Big Pharma.

So, I was astonished to read in the DEP Response to Comment Document that DEP claims that they lack legal authority to require the water companies to sample drinking water source waters, i.e. reservoirs, rivers, and groundwater, for the presence and concentrations of “emergent contaminants”.

DEP wrote (emphasis mine):

“Currently, the Department currently has limited authority to require individual and untreated source water quality data. Future water supply plans are anticipated to take this work further and these comments will be considered as that occurs. Recommendations in the Final Plan are made to require raw water/pre-treatment water quality data for many public supply sources.

This is absurd and irresponsible.

What precisely are the limits to DEP authority to require data collection? Is there an AG’s opinion on that? When will the “recommendations” in the plan be implemented? From how this is written, it seems to mean that DEP lacks authority over privately owned systems but can mandate data collection for “many public supply sources” (how many?)

DEP then went on to claim that a lack of data made it impossible to establish a reliable scientific basis for regulation (emphasis mine):

A commenter expressed concern over the ability of New Jersey’s treatment facilities to meet new water quality standards for emerging contaminants and the need to upgrade water quality treatment capabilities before scientific evidence warrants new standards be implemented. DEP supports the timely upgrade of water treatment facilities for all emerging contaminants. The nature of these compounds and the scientific research do not always allow for treatment to be upgraded before detection. Science is always evolving and DEP must also evolve from a regulatory standpoint as well.” (see: DEP “Response to comments” at page 4-5)

If “treatment can not be upgraded before detection” and DEP lacks authority and is not mandating that chemicals be sampled for (detected), then there can be no new treatment requirements and regulatory standards (MCL’s).

This is a huge Catch 22.

While I disagree that DEP lacks statutory authority, given DEP’s legal position it clearly is now incumbent on the Legislature to act, because DEP has refused to act.

I’ve been trying to force DEP to address these issues for many years.

Most recently, on September 1, 2023, I filed a petition for rulemaking to force DEP to respond to long known threats to public health posed by the presence of hundreds of unregulated chemicals DEP’s own research has documented to be present in NJ drinking water, see:

https://dep.nj.gov/wp-content/uploads/rules/petition/pet20230901.pdf

The petition was published in the October 16, 2023 the NJ Register, see:

https://dep.nj.gov/wp-content/uploads/rules/petition/pet20230901nor.pdf

DEP denied the petition on October 31, 2023 – see the December 4, 2023 edition of the NJ Register (see: 55 NJR 2430(a).) Although I have written to request that the DEP’s denial document be published on the DEP website like all other petition decisions are, the DEP has failed to do so.

One of the primary bases DEP asserted and relied on to deny the petition was a lack of data on the presence and concentrations of these chemicals in drinking water supplies. DEP claimed that lack of data made it impossible to establish as credible scientific basis for regulation.

But yesterday, in response to public comments on adopting the Water Supply Plan, the DEP went way beyond claims about lack of data. DEP now claims that they even lack legal authority to collect that data. 

Let that sink in for a moment.

Then write Governor Murphy and your Legislator to demand that DEP regulate currently unregulated “emergent contaminants”.