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Whitman Rolled Back Regulations As NJ Governor And EPA Administrator

A Federal Judge Found That Whitman’s Post 9/11 Lies “Shocked The Conscience”, As Thousands Died Due To Those Lies

Whitman’s Hand Picked EPA Lawyer Reversed The Clinton EPA’s Legal Opinion That CO2 Was A Regulated Pollutant Under The Clean Air Act. As A Result, EPA Climate Regulations Were Delayed For Over A Decade. 

Whitman’s EPA Misrepresented Science In A Report To Congress That Served As The Basis To Exempt Fracking From Safe Drinking Water And Hazardous Waste Regulations

NJ Spotlight again trotted out former Governor Whitman to denounce Trump EPA regulatory rollbacks (viewer warning: the hypocrisy may kill you. Watch the whole interview).

Whitman found the rollbacks “unconscionable” and warned that “people will die” from pollution.

She blasted the Trump EPA for ignoring science, particularly with respect to repealing EPA’s “endangerment finding“, which serves as the legal basis for EPA regulation of greenhouse gas emissions.

Whitman is driven by pathological guilt and an inability to admit, apologize for, and atone for her record.

Her remarks are sickening – and NJ Spotlight’s editorial decision to broadcast the interview with no context or qualifications – are rank and intolerable hypocrisy and journalistic malpractice.

Those interested in the details and receipts are referred to this post, which I wrote back in 2018 when NJ Spotlight and Whitman pulled the same stunt:

• Christie Whitman Did The Same Things She Now Attacks Trump For

[Full Disclosure: Whitman’s DEP Commissioner, Bob Shinn, forced me out of DEP in 1994 as a whistleblower for disclosing documents that: 1) exposed Whitman’s repeated and knowing lies about the public health risks – including to pregnant women – of exposure to toxic mercury in fish, including Whitman’s hand written notes in the margins of critical newspaper articles; and 2) DEP’s cynical and corrupt plan to cover up the science and mount a public relations campaign to dupe the public.

This all was written down in a memo from Commissioner Shinn to Gov. Whitman.

I have sworn testimony from former DEP Assistant Commissioner Richard Sinding who wrote the memo – including flat out knowing scientific falsehoods about the health risks of toxic mercury – at the direction of Shinn. 

So, yes, thirty one years later, I still have an ax to grind – a very sharp one.

William Louis Sonntag (1822 – 1900)

This Is How To Kill The PVSC Newark Power Plant

Trump Jiu-Jitsu:

Use Trump’s Insane Executive Orders And Tell The Truth About DEP Gaslighting and The Limitations Of NJ’s Environmental Justice Law

[Important Updates below]

Today’s NJ Spotlight tells me the following:

Tomorrow environmental leaders, elected officials, and residents will gather to protest plans for a fourth fossil fuel power plant in Newark ahead of the Passaic Valley Sewerage Commission’s public board meeting.

[Update #2 – 3/15/25 – I just watched NJ Spotlight’s coverage of the PVSC protest. It was very good. But they reported that the PVSC Board took no action, and speculated that the Board was “not ready” to support the project. I found that strange so went to the PVSC website to find out what went on.

Curiously, the power plant project was NOT on the agenda   and the meeting was held on line, not at the protest site.Was the whole thing a stunt?~~~ end update]

I read that Spotlight teaser immediately after submitting my second round of comments to US EPA Region 2, urging them to kill the Clean Air Act Title V permit DEP issued to the PVSC.  See this for my first round of comments:

• Will The Trump EPA Kill The “Woke” DEP “Environmental Justice” Clean Air Act Permit For Newark Power Plant?

Those so called NJ “environmental leaders” are knowingly missing the mark and diverting attention by focusing on the PVSC Board, while they ignore the real “decider”, which currently is the US EPA. (I will discuss their improper motives in a future post).

I just again wrote to some of those so called “leaders”:

I understand that these arguments are offensive to you, but this is how you kill the DEP’s PVSC Title V permit (see below comments to EPA Region 2. Comment period closes March 31).

Do you want to win? Or do you want to allow DEP to continue to gaslight the public under the charade of Commissioner LaTourette’s EJ Administrative Order and the loophole ridden EJ law and DEP regulations? Your efforts to target the PVSC Board are misguided. 

Because they are knowingly not doing the right thing, I am bypassing the “leaders” and appealing to the activists and the people of Newark via this open letter.

Here is how you kill the PVSC permit – you have until March 31 to submit these kind of comments to US EPA Region 2 in New York.

Don’t worry. No one will think that you actually support these Trump Orders. You will not “legitimize” these Trump Orders. You will not create any damaging legal precedents at EPA or NJ DEP.

Just the opposite: truth-telling about flaws in the EJ law can help build public awareness and political pressure for reforms to strengthen that law and loopholes.

———- Original Message ———-

From: Bill WOLFE <b>

To: “Ruvo.Richard@epa.gov” <Ruvo.Richard@epa.gov>

Cc: “chan.suilin@epa.gov” <chan.suilin@epa.gov>, “wieber.kirk@epa.gov” <wieber.kirk@epa.gov>

Date: 03/13/2025 2:26 PM EDT

Subject: Re: EPA Title V Review, NJ DEP

Dear EPA via Mr. Ruvo:

I am writing for two reasons:

1) to request that EPA confirm receipt and timely submission of my March 4, 2025 public comments below; and

2) to revise, extend, and supplement those comments.

I would like to supplement those March 4 comments in two ways:

1) to emphasize the serious procedural defects in the NJ DEP’s review and approval of this permit modification. EPA must not sign off on these serious flaws that violate due process and Administrative Procedure Act requirements.

EPA can not approve retroactive application of permit review requirements. In this case, the DEP retroactively applied “requirements” under an Administrative Order issued by NJ DEP Commissioner LaTourette. The AO was issued AFTER the subject permit application was submitted and deemed complete for review by the NJ DEP under applicable permit regulations.

EPA can not approve imposition of mandatory permit conditions and requirements (procedural and substantive) based solely on an Administrative Order of the DEP Commissioner, an AO that not only has no binding legal effect, but is not reinforced by regulatory requirements or regulatory authorization pursuant to applicable federal EPA or State DEP Title V permit regulations.

As I previously noted, DEP imposed additional procedural requirements (e.g. public meetings and DEP “environmental justice” review) and additional substantive requirements (e.g. permit conditions that mandate installation of solar panels and battery storage and severely limit operating hours).

If EPA approves this DEP permit, then all DEP permittees may be subject to similar additional permit conditions, requirements and procedural abuses.

As I previously noted, EPA would be making controversial national policy and precedent should Region 2 approve this DEP permit.

2) to include various relevant Executive Orders of President Trump, including but not limited to the following. I hereby incorporate the text of these EO’s in my comments:

• Regulatory Freeze Pending Review
• INITIAL RESCISSIONS OF HARMFUL EXECUTIVE ORDERS AND ACTIONS
• RESTORING ACCOUNTABILITY TO POLICY-INFLUENCING  POSITIONS WITHIN THE FEDERAL WORKFORCE
• DECLARING A NATIONAL ENERGY EMERGENCY
• RESTORING ACCOUNTABILITY FOR CAREER SENIOR EXECUTIVES
• UNLEASHING AMERICAN ENERGY
• ESTABLISHING AND IMPLEMENTING THE PRESIDENT’S “DEPARTMENT OF GOVERNMENT EFFICIENCY”
• UNLEASHING ALASKA’S EXTRAORDINARY RESOURCE POTENTIAL
• ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY
• REFORMING THE FEDERAL HIRING PROCESS AND RESTORING MERIT TO GOVERNMENT SERVICE
• UNLEASHING PROSPERITY THROUGH DEREGULATION
• ESTABLISHING THE NATIONAL ENERGY DOMINANCE COUNCIL
• COMMENCING THE REDUCTION OF THE FEDERAL BUREAUCRACY
• ENSURING LAWFUL GOVERNANCE AND IMPLEMENTING THE PRESIDENT’S “DEPARTMENT OF GOVERNMENT EFFICIENCY” DEREGULATORY INITIATIVE
• Ensuring Accountability for All Agencies
• IMPLEMENTING THE PRESIDENT’S “DEPARTMENT OF GOVERNMENT EFFICIENCY” COST EFFICIENCY INITIATIVE

I’d appreciate your timely and favorable reply.

Bill Wolfe

[Update #1: 5:40 pm

I got a rapid reply from EPA Region 2 – I was wrong about the EPA review procedure:

Mr. Wolfe:

Mr. Rick Ruvo requested that I reply to your email below. This is to let you know that we are in receipt of your March 4, 2025 and March 10, 2025 messages. As explained in my March 10, 2025 email to you, EPA is currently conducting its 45-day review of the permit that NJDEP proposed. We do not take public comment during our 45-day review of a state permit. As the website I included in my March 10, 2025 email indicates, the EPA 45-day review period ends on March 31, 2025. The 60-day EPA petition period commences on April 1, 2025 and ends on May 31, 2025.

Sincerely,

Suilin Chan

Supervisor | Permitting Section | Air and Radiation Division | US EPA Region 2 | Office: (212) 637-4019

I replied as follows:

Suilin: Thank you. I did not know this:

“We do not take public comment during our 45-day review of a state permit.”

I guess that means that I will be forced to file a formal petition, should EPA approve this permit (as well as pursue informal means with EPA HQ leadership and the Trump White House).

Why have an EPA State review process if there is no opportunity for the public to participate in EPA’s review? (regardless, I’ve raised all these issues on the administrative record during DEP permit review, so they are formally before EPA now even without my follow-up comments to you).

As a former NJ DEP regulator who worked in an EPA delegated NJ DEP program (RCRA) and served as a policy advisor to the DEP Commissioner (Brad Campbell), I find this procedure extraordinary and absurd and thus strongly object.

Wolfe

Wow.

Sewer Line Break Forces Declaration Of Emergency

Days Later, Trump EPA Brags About “Proactive Approach” To “Upgrading Local Sewer Infrastructure” And “Safer Water”

[Update below]

This one is too rich. Egg, meet face.

In what could be the worst case of clueless timing ever, yesterday (Wednesday March 12), the Trump EPA issued an over the top press release, touting their assistance in helping municipalities in meeting environmental goals, see:

• EPA Helps NJ and NY Businesses and Municipalities Meet Environmental Goals

New York, N.Y. – The U.S. Environmental Protection Agency’s regional office helps businesses and municipalities across New York and New Jersey protect human health, improve local infrastructure and foster strong economic growth by offering direct technical assistance. From helping businesses navigate complex environmental regulations to supporting local governments in critical infrastructure upgrades, EPA’s proactive approach is making a tangible difference across the region – preventing costly violations and delivering cleaner air and safer water.

Among the examples of success EPA cited was in Phillipsburg, NJ:

Town of Phillipsburg, NJ – Upgrading Sewer Infrastructure for Environmental Protection

EPA worked with the Town of Phillipsburg, NJ, to resolve aging sewer infrastructure that caused overflows during heavy rainstorms. With EPA’s guidance, the town is investing $10 million to upgrade its sewer system, including moving a pump station out of a flood zone. Local officials praised EPA’s role in ensuring the project moved forward smoothly.

“Town of Phillipsburg express our appreciation for the time EPA took to attend our Sewer Utility meeting and to answer questions from the Town Council,” said Council President Peter Marino. “EPA was able to explain the commitment and need to invest in the Town’s sewer system. This is helpful as we plan and make decisions on how to best fund and invest in the Town’s sewer infrastructure.”

You can’t make this stuff up, but it just so happens that just 5 day prior, on Friday March 7, the Mayor of Phillipburg was forced to declare an emergency due to catastrophic failure of the ancient sewer system:

• Phillipsburg declares state of emergency over sewer line breakdown

The Town of Phillipsburg declared a state of emergency for some of its residents over the weekend.

A sewer line breakdown in the neighborhood of No. 1 to 5 Fairview Heights and 36 to 43 Washington Streets required immediate repair. The break affected some of the town’s historic terracotta pipelines. […]

“This incident serves as a reminder that our sewer system, along with other underground utilities, need the upgrades and replacements that we have been witnessing throughout the streets of Phillipsburg,” Mayor Randy Piazza Jr. said. […]

Town administration did not comment on whether a similar incident was likely to occur. The town said it’s taking an piecemeal approach to replacing its century-old sewer system throughout the rest of Phillipsburg. Recent emergencies are unlikely to change its strategy.

Unfortunately, the local news coverage does not report about public health risks and water quality impacts on the Delaware River.

Was EPA Region 2 so clueless that they didn’t know of this emergency before they  issued their press release 7 days later?

And is the town’s seriously flawed “piecemeal approach” to replacing the sewer system based on that highly touted EPA technical assistance mentioned in the press release? You know, the spin about “Upgrading Sewer Infrastructure for Environmental Protection” and helping:

local governments in critical infrastructure upgrades, [and] EPA’s proactive approach … [to] safer water”

Wow.

How incompetent and ill informed can you get?

[Update: A reader just sent me an email asking if I wanted to pay more in taxes and if the State should fix local sewer lines. The reader asked for solutions. Here’s my reply:

President Regan killed the Clean Water Act’s construction grants program that federally funded wastewater and drinking water infrastructure. We need to restore that federal funding approach. The State Revolving Funds don’t come close to this level of financing.

The DEP role is to enforce clean water act standards. If a local sewer line breaks and pollutes the Delaware River (or people’s basements), DEP should issue enforcement fines and mandate corrective action.

DEP also operates the environmental infrastructure bank that provides low and no interest loans for this work.

The Biden infrastructure funding programs Trump impounded billions of dollars from also could finance some of this work.

Here are 4 solutions, NONE of which are getting done or even discussed by media or advocated by environmental groups.

Additionally, at the State level, Senator Smith has talked about a water tax for 20 years and done nothing.

An Activist’s Activist Discusses Lessons Lost In The Environmental Mist

A Must Watch Story

(Caption: Jeff Tittel (R) and Bill Wolfe (L) – Hopewell/Merrill Lynch/BMS/ELSA battle, circa late 1990’s)

My good friend and former Sierra Club colleague Jeff Tittel was interviewed by Alan Steinberg.

All I can say is watch it.

Jeff traces his incredible personal background and professional and activist development through the evolution of the environmental movement. There are many lessons to be learned -all of which can be encapsulated in his telling of the back story of the amazing fight to preserve Sterling Forest.

Alan is a former US EPA Region 2 Administrator and Executive Director of the New Jersey Meadowlands Commission.

Here is Alan’s intro of Jeff:

In our latest episode, we welcome Jeff Tittel as our guest. He is recognized as one of the greatest champions for the environment. For 23 years, Jeff worked as the Director of the New Jersey Sierra Club, retiring in 2021. In this episode, Jeff shares how he became involved in civic engagement at a young age and that his passion for the environment grew from that early start. In addition, he spoke about some of the legislation he helped to get passed in New Jersey, including the indoor smoking ban. We also discuss the current environmental issues with him, especially with President Trump in the Oval Office. Jeff also shared his critique of the various governors in office while leading the New Jersey Sierra Club.

I met Jeff around 1998. At the time, I was Acting Director of the Sierra Club NJ Chapter. The prior year, I had worked as Policy Director and was serving as Acting Director until Jeff took the helm. Jeff replaced Tim Dillingham.

Tim was not well liked by several Sierra Board members because he did not work well with the volunteers and local activists and preferred the inside Trenton top down political compromise game.

Jeff was hired to restore grassroots activism at NJ Sierra and increase membership, media visibility, and the political influence and effectiveness of the Club. He did all of that and much more.

At the outset, I sensed that Jeff didn’t completely trust me, primarily because I had been hired by former Director Dillingham, had spent the prior 10 years of my career as a DEP policy, planning, and regulatory wonk, and had little local political activist experience, aside from being elected as a School Board member in North Hanover. My work was more on the pollution or dirty side, while Jeff was more focused on land use and the green side.

Similarly, at the outset, I didn’t know Jeff at all, but sensed he was very politically oriented and a science and policy lightweight.

But it did not take long for us to get past our false assumptions about each other and become close friends. We worked as a powerful team. I did most of the issue and policy work and writing, while Jeff did the lobbying, media, fundraising, and activist support. We shared the strategy work.

Jeff is a genius when it comes to not just pithy sound bites (“dirty dirt” and “Viagara falls” come to mind), but understanding what’s really going on and communicating and advocating for regular people and the natural environment.

I’ve travelled extensively with him and he has an incredible recall and encyclopedic mind on local issues, history, and places –  from awesome hikes, to politics, to good pubs – and not just in New Jersey but across the country.

Jeff has no use for the current crop of “environmental leaders” – he tags them as “Foundation driven” and with another famous sound bite as “Zoom – Chair Warriors” that just want to go to the meetings where they get screwed! (Ouch!)

His allusion to Trump as “Agent Orange” was another classic. And his warnings about the dangers of Trump was on the mark.

Jeff’s scathing criticisms of the Murphy DEP was on point as well, and something you will not hear from any NJ environmental group (around time 35:00).

Finally, he gives an informed assessment of the Gubernatorial candidates and the current political climate that will shape their politics.

Listen closely to what he has to say. There is much wisdom there.