New Jersey Environmental Lobby Newsletter July-September 2008

Highlands Council Adopts Regional Master Plan; Environmentalists Oppose Its Provisions; Urge Governor Corzine to Exercise Veto Authority - by Brenda Holzinger

After 4 years, lots of hard work by many individuals and groups, and a multitude of exhausting meetings and public hearings, the Highlands Council voted 9 to 5--after 7 hours of comment and discussion on July 17th --to accept the Final Regional Master Plan.This master plan is mandated by the Highlands Act of 2004, which was adopted by state lawmakers to protect the source of almost 2/3 of the state's drinking water--the Highlands region, an area that comprises about 800,000 acres and part or all of 88 municipalities in Bergen, Passaic, Morris, Sussex, Warren, Somerset and Hunterdon counties.New Jersey's environmental community, led by the NJ Highlands Coalition, has called on Governor Corzine to effectively veto the Highlands Master Plan by vetoing the minutes of the July 17th Highlands Council meeting.At press time the Governor has only a few days to take action or the plan as passed will become law.

New Jersey's environmentalists are displeased with the plan, the policies and goals in the Regional Master Plan intended to implement the law, and believe they represent an abdication of the State's obligation to protect drinking water in trust for its citizens.They argue that the document violates the Highlands Act by allowing new water uses in areas that are already in deficit, by allowing clustered development to release what they consider an unacceptable level of pollutants to the groundwater, and by letting redevelopment areas encroach upon no-development buffers next to pristine streams. Although about a dozen amendments aimed at strengthening different parts of the plan were considered, the Highlands Council ultimately voted against any significant changes.

Among the organizations supporting the NJ Highlands COALITION-not to be confused with the COUNCIL, which has the legislative authority to protect the region-in its objection to the Regional Master Plan are the NY-NJ Trail Conference and NJEL. In accordance with its advocacy priorities, NJEL's interest in the Highlands has been primarily the protection of drinking water sources. The Trail Conference's interest is part of its mission to build and protect marked trails and to protect open space. A true service organization, the NYNJTC has consistently objected to the plan's lack of protection for hiking trails, ridge tops and viewsheds, and would like to see the plan include local All Terrain Vehicle (ATV) regulations as part of the municipal conformance process. Uncontrolled ATVs cause significant damage to public and private lands, destroy habitat, produce noise and air pollution, and disturb others' use and enjoyment of natural areas.

The Highlands Coalition and its member organizations made their opposition known to the Governor and produced "Action Alerts" to notify the public about the lack of protection afforded by the RMP. NJEL members in our email alert network were asked to email the Governor and urge him to veto the minutes of the Council.

Check our website, www.njenvironment.org in the coming weeks for the outcome. If you are a member of NJEL and would like to be included in our email action alerts, please send your email address to: njel@earthlink.net. Please include your full name. You are not obligated to comment or email on the issues of which you are notified. It is strictly voluntary, and your email address will not be shared with any other entity.

Joint Committee Hearing on Proposed Liquefied Natural Gas (LNG) Terminal in N J Water - by Anne Poole

On August 7, the Senate and Assembly Environment Committees held a joint hearing in Toms River, addressing the construction of a liquefied natural gas (LNG) terminal in waters off New Jersey. There are several proposals, each by different entities but the hearing focused primarily on an ocean site approximately 15 miles offshore, and a Delaware Bay site. An LNG terminal is purported to be needed to meet a projected increase in the demand for gas for heating, industrial uses, and electric generation. While one design is what most people visualize-a platform with tanks- another is essentially a connection to an underwater pipeline, to which tankers would connect to offload the product.

LNG is primarily methane; it is the liquid form of natural gas. LNG is kept in the liquid state by being subjected to cryogenic conditions (specifically, minus 260 degrees Fahrenheit). It must be returned to the gaseous state for its transport via pipeline. That process would be accomplished at the transfer point, the LNG terminal. The product is converted to gas by raising the temperature to the gasification point.
Both alternatives are opposed by a number of organizations and municipalities, for several different reasons.

Many public officials who represent beachfront municipalities oppose an ocean-based terminal because of perceived risks to beaches and water quality. Representatives of the commercial and recreational fishing sectors base their opposition on the unknown impacts of facility construction and vessel activity on fishing grounds, as well as the undefined "security zones" that would be off-limits to vessels.

Several environmental organizations are opposed. Reasons include the risks of a vapor discharge and possible combustion, risks to marine life, and the fear that increasing the supply of LNG to the U.S. will only increase our dependence upon fossil fuels and will discourage renewable energy initiatives.

Other speakers at the hearing, while not endorsing a terminal, noted that the concept should not be dismissed without further study. Right now significant amounts of natural gas are burned off as a byproduct of oil production, rather than captured. It was noted that LNG from existing fields is preferable to exploitation of undeveloped, ecologically sensitive areas. In terms of emissions, LNG is cleaner than coal, and it avoids the disposal problems that come with nuclear power. Some environmentalists believe that supplying LNG could be positive if it were part of a plan to reduce the use of coal and nuclear power and accompanied by a significant increase in the proportion of renewable fuels for electric generation.

At this time, NJEL has not taken a position pro or con. Project Director Linda Dickman and NJEL volunteers have gathered information from numerous sources, including the Federal Energy Regulatory Commission. However, the historical and technical data do not necessarily address the issues that are of specific concern to NJ.

The energy and transportation sectors emphasize the 50-year safety record of LNG transport and storage. It is true that if LNG is discharged, it will not remain a liquid for long. Visions of oil slicks, oil-drenched wildlife, and blackened beaches are inaccurate. LNG is not explosive, although the rupture of a pipeline, tank, or vessel, with a resulting increase in temperature, could result in a discharge of combustible vapor. Besides being a pollutant, if the vapor contacts an ignition source, it ignites. For this reason, there are concerns about threats from terrorism, collisions with ocean vessels, and North Atlantic storms.

There have been few serious incidents, and no significant accidents in the US in decades, but a catastrophic event occurred in Cleveland in the 1940's, when vapors entered the city's sewer system. This was prior to technological and safety improvements, better siting analysis, and tightened regulatory oversight.

As pointed out by opponents of the terminals, LNG will do nothing to reduce our dependence upon foreign fuels. LNG will be imported from some of the same unstable or unfriendly countries that provide the U.S.with oil. Dollars will still flow to foreign countries, some of which have nationalized oil industries. In addition, tremendous amounts of energy are required to capture, convert, and transport LNG to the U.S. Interestingly, in the demand projections that are driving the LNG terminal proposals, there is no examination of how much increased demand might be met by serious conservation measures.

On the other hand, the alternative suggested by some opponents of the terminal-domestic natural gas-are not entirely benign. More transcontinental pipelines are required. One is already planned from Alaskan fields. While "domestic," the gas carried by pipeline from Alaska or the American West has an environmental impact on habitat and also must be secured against threats. As both opponents and those who are undecided have pointed out, the resources used for terminals and pipelines could be invested in renewable energy projects, particularly since the completion schedules for fossil fuel projects are lengthy. No project proposed now will reduce the price of energy in the short term. And, regardless of speculation about the cost benefits of making LNG available from a transfer point close to the large New Jersey market, there is no guarantee that prices will fall in the future.

The New Jersey Energy Master Plan assumes that non-nuclear renewables will continue to furnish a paltry 2% of our state's energy in the coming years. The public is agitating for clean energy but the record of government and the fossil fuel industries are records of inertia and hostility towards renewable energy. Now that the spike in oil prices has agitated the electorate, there is begrudging acknowledgement of the feasibility of using renewable energy. Still there has been little action. Would we really expect enthusiastic support for renewable energy once government and industry become comfortable with "clean" LNG and promises of lower prices?
NJEL is continuing to gather information about the LNG terminal proposals and the environmental impact of LNG as compared to other fuels, so that it can formulate a position regarding a terminal. NJEL will support infrastructure projects that provide reliability with the least negative impact, but only as part of an energy policy that puts greater emphasis on conservation and use of renewable energy.

Keep It Green Campaign Continues to Fight for NJ's Open Space - by Brenda Holzinger

After successfully fighting to keep state parks from closing as the summer season was set to start (see Spring edition of the NJEL newsletter), New Jersey's environmental community, through the Keep It Green Campaign, refocused its efforts on securingstable, long-term source offor the Garden State Preservation Trust Fund-- the state's vehicle for conserving open space.

The New Jersey - Keep It Green Campaign is a coalition of over 100 statewide, local and regional organizations ranging from sportsmen's groups and environmental organizations to affordable housing and urban park advocates. The campaign's mission is to secure a long-term, stable source of funding for the acquisition of open space, farmland and historic sites as well as the capital improvement, operation, maintenance, and stewardship of state and local natural areas, parks and historic sites in New Jersey.

Throughout the budget season, the Keep It Green Campaign called on the State Legislature and the Governor to pass legislation ensuringNovember 2008 ballot referendum to renew and strengthen the Trust. Unfortunately, in the heat of the budget battle--fought amidst growing economic anxiety--this legislation failed to become law.Despite this significant setback, the Campaign recommitted its efforts to seeking other sources of funding to conserve and steward New Jersey's remaining open space.

A variety of funding mechanisms are currently under review by the Campaign, legislative leaders and the Governor's staff.At press time, some type of user fee connected to water usage appears to have the edge based on polling data that places public support for such a measure safely within the majority. Apparently, the public recognizes the connection between drinking water sources and protection of undeveloped areas where those sources originate. We hope that public officials also will see the connection!

Legislative/Regulatory Update -
- by Michael L. Pisauro, Legislative Director

The NJ Department of Environmental Protection recently proposed rule changes which are being reviewed by NJEL and other environmental organizations, in preparation for comment.

- Changes to Coastal Permit Program Rules to allow what is known as a "permit-by-rule," for construction and installation of boat wash waste water systems at marinas and boatyards

Data collected in 2002 in Maine and 2007 in Connecticut found elevated levels of heavy metals in waste water and also in sediments at marinas. To reduce this pollution in New Jersey, New Jersey implemented rules that were intended to reduce the discharge of boat and equipment wash water into State waters. Facilities covered by the rules, including marinas and boatyards not already in compliance, will be required to install equipment, structures, and sanitary sewer connections by June 1, 2009. A permit-by-rule is a permit for activities that the Department has determined have minimal potential for environmental impact, provided the conditions of the permit-by-rule are met. No plans, applications, or other written notice is required to be submitted to DEP. The newly proposed rule is intended to encourage compliance by reducing the costs associated with installing the improvements. Apparently there is some concern that marinas may cease offering these services, which are part of winterization, rather than install the required systems.

- Amendments to enforcement rules in order to implement the provisions of Environmental Enforcement Enhancement Act (EEEA)

The EEEA amended the existing Freshwater Wetlands Protection Act. Included in the EEEA is an increase in the maximum financial penalty.

Proposed changes are intended to reduce sulfur, volatile organic compounds (VOCs), and oxides of nitrogen (NOX) in New Jersey's air.

At the Federal Level . . .

By now, most NJEL members probably know that President Bush rescinded the Executive Order that banned oil drilling on the Outer Continental Shelf of the U.S. The original order was signed by his own father almost 20 years ago. Subsequently, President Clinton extended the ban to the year 2012. Although a Congressional ban exists, that ban included is in the annual appropriation for the Department of the Interior and the President's action is clearly meant to encourage drilling proponents in Congress to discard it. Both Gov. Schawrzenegger of California and Gov. Corzine have stated that there will be NO drilling off the coasts of their respective states, but those pronouncements are not guarantees. While almost all of New Jersey's Congressional delegation has been steadfast in its opposition to offshore drilling, there appears to be some wavering by some. NJEL signed on to a letter to those who have not strongly reiterated their opposition, explaining the rationale for retaining the ban and urging them to do so.

All of the reasons are well known; we quote from only one part of the letter: "The oil industry already holds more than 5,500 drilling leases that, according to U.S. Department of the Interior estimates, contain roughly 80 percent of the untapped oil and natural gas in offshore areas; we do not need to open up new, ecologically sensitive areas to drilling. Marine mammals, sea birds, fish, shellfish, and other sea life are extremely vulnerable to oil pollution and oil's long-term toxic effects can impair a population's reproductive success for generations. In the aftermath of the 1989 Exxon Valdez accident, oil sickened or killed thousands of birds and marine mammals, as well as vast numbers of fish and plant life. Oil contamination reached shorelines up to 600 miles away from the spill; if the spill had happened on the East Coast, it would have extended from Massachusetts to North Carolina. Commercial fisheries were closed, coastal communities were harmed, and ecosystems experienced long-term changes."

Aside from the points above, even the oil industry admits that if drilling were to begin today, oil from those wells would not reach the consumer for years. The oil reserves along our coast represent just a fraction of U.S. demand, so it is unlikely that exploiting them will reduce U. S. energy prices.

Contact your U.S. Senator and Representative and tell them to RETAIN THE BAN on offshore drilling. Follow the directions in the "Coastal Coalition" article on page 4 to locate your representative's surface mail address, or send an email through the link.

Current News from the Coastal Ocean Coalition -
National Marine Fisheries Service Proposes to Avoid Compliance with the National Environmental Policy Act -
- by Anne Poole & Michael L. Pisauro

In August NJEL, as a member of the Coastal Ocean Coalition, signed on to a letter protesting proposals to weaken environmental review and public participation in fisheries management. As background, when Congress reauthorized the Magnuson-Stevens Act (MSA) in 2006, it directed the National Marine Fisheries Service (NMFS) to update its environmental review procedures to comply with the requirements of the National Environmental Policy Act and the regulations of the Council on Environmental Quality (CEQ). However, NMFS's proposed regulations fail to comply with the Congressional directive and would seriously weaken environmental review and public participation in fisheries management. NEPA compliance is crucial to ensure that our nation's oceans are sustainably managed. NEPA compliance requires fishery managers to thoroughly consider potential impacts of their planned actions regarding species management, catches, and fishing stock recovery, and giving individuals and local communities a voice in management decisions.

The COC's letter, to which the Natural Resources Defense Council also subscribed, requested that NMFS withdraw its proposed regulations. COC objected to these specific attempts to circumvent NEPA:

- a complicated new process to replace environmental impact statements, discarding three decades of established case law and practice

- allowing individuals with financial interests to control the environmental review and public participation process

The proposed rule enables the regional fishery management councils - a majority of whose appointed members have financial interests in the fisheries they manage - to control the environmental review and public participation process.

- a significant reduction in public input by allowing mangers to reduce the time periods for public comment well below the current required minimum, with no oversight.

The COC and its members signed on to a letter to members of Congress regarding House Bill 21, ("Oceans 21"), cosigned by a number of national environmental organizations, including the Natural Resources Defense Council, the Ocean Conservancy, and the World Wildlife Fund. Introduced in January 2007 (yes, you read it correctly) by Rep. Sam Farr, a California Democrat, the bill seeks to implement the 2003 and 2004 recommendations of two national study groups-the U.S. Commission on Ocean Policy and the independent Pew Oceans Commission. As we have explained before, the lack of Federal action in response to their findings and recommendations led to the formation of the multi-state Coastal Ocean Coalition. Finally clearing the House Natural Resource Subcommittee on Fisheries, Wildlife, and Oceans (chaired by Madeleine Bordallo, D-Guam) in April 2008, HR 21 continues to be resisted by special interests. They are using scare tactics to maintain the status quo of ocean management by 20 Federal agencies, implementing 140 laws without a unifying vision and frequently working at cross purposes. This disorganization works to the benefit of special interests who exploit marine resources without regard to long term sustainability. Oceans 21 would cover coastal waters and marine resources under U.S. jurisdiction - including those in the Great Lakes and Atlantic, Pacific and Arctic Oceans. It would provide the National Oceanic and Atmospheric Administration (NOAA) with a legislatively mandated mission and structure, which does not exist at the present time. The letter was timed to coincide with an expected mark-up of the bill.

Call your House representatives to urge action on HR 21! You can send an email through our web site, www.njenvironment.com. Click on "NJ Politicians," go to the end of the page and click on "Federal Representatives." Scroll down to your Representative. If you do not know who your representative is, you can find, with one more click, the list of all New Jersey Congressional Districts and Representatives. There are links to web sites and email addresses for Senators and Representatives. Then, take a moment and let us know that you took action by emailing njel@eathlink.net

In August EEF installed Dr. Michael Taylor as a Trustee. Dr. Taylor is the Director of the Environmental Studies Program, and an Assistant Professor of Political Science at Seton Hall University (SHU). The Environmental Studies Program allows students to pursue a Bachelor of Arts degree in either a public policy or environmental education concentration. The program provides a solid interdisciplinary, liberal arts education with an emphasis on experiential learning opportunities.

Dr. Taylor holds a B.A. in Economics from the University of Connecticut, an M.S. in Applied and Environmental Economics from Virginia Tech, and a Ph.D. in Environmental Economics, Environmental Science, and Philosophy from Ohio State University. He was a Joseph L. Fisher Dissertation Fellow with Resources for the Future in Washington, DC, as well as a National Research Council Post-Doctoral Researcher with the U.S. EPA in Cincinnati, OH. His research interests are in the area of nonpoint source water pollution and the use of market-based mechanisms for their control. His current research explores the use of group contracts to control farm runoff and the use of reverse auctions for rain gardens to reduce storm water runoff impacts from established residential properties.

Dr. Taylor was instrumental in arranging SHU's sponsorship of EEF's Precautionary Principle Conference in March 2008. Dr. Taylor is looking forward to facilitating NJEL/EEF's Precautionary Principle Initiative (PPI) and has already made a number of suggestions for garnering public and legislative interest in adopting the Principle as an environmental decision-making paradigm in New Jersey. We are honored to welcome an individual with his credentials to the Board.

Legislative Director Michael Pisauro-working for the environment and NJEL - by Anne Poole

Via the newsletter and web site, we apprise our members of the issues that Legislative Director Mike Pisauro addresses for YOU and the environment. We thought our members should know about the other things that Mike does, without remuneration, on behalf of the environment.

Mike has established an environmental blog, accessible to all, with comments on legislation, regulations, and legal cases that affect the environment. Mike's blog provides much more detailed analysis than our newsletter can accommodate and is an excellent source of information on many topics. To view Mike's blog, go to www.fplegal.com/wordpress/.

The American Bar Association's Natural Resource and Environment Journal recently published an article written by Mike. The article "Renewables and Land Use Law" examined the impact of zoning and land use laws on the use of renewable energy systems. Mike hopes to post the article on his firm's website.

Mike was recently thanked by the Endangered and Nongame Species Advisory Committee of the N. J. Fish and Game Council for his personal efforts in the successful campaign to protect the horseshoe crab, and by extension, the red knot migratory bird. The red knot's main food source on its global longitudinal journey is horseshoe crab eggs in New Jersey.

We also are grateful to Mike and his partner at Frascella & Pisauro for their support of NJEL's efforts to engage the public in environmental issues. Frascella & Pisauro is a regular sponsor of NJEL's Awards Reception, and they also supported EEF's Precautionary Principle Conference. Mike hosted a membership event and is planning another. As if that were not enough, Mike and his wife Terry also maintain their own family membership in NJEL! Finally, Frascella & Pisauro offers NJEL members whose memberships are current a 10% discount on certain legal services. To contact Mike, visit the firm's web site, www.fplegal.com, or email him at mike@fplegal.com

Watershed and Waste Water Treatment Model Presentations Being Scheduled Now for 2008-2009

EEF Board member and Education Director Gene Fox is scheduling basic watershed model presentations in schools for the 2008-09 school year. Since we have only one model, and many schools cover the environment and water at the same time, schedule conflicts can occur. If you would like a presentation, please email njel@earthlink.net as early in the school year as possible. Gene is also scheduling presentations with a waste water treatment model, which illustrates waste water treatment and its relationship to water quality. This presentation is appropriate for enrichment and high school students and adults. To schedule a presentation for your community group, environmental commission meeting, or school, email njel@earthlink.net

Some of you who have received membership renewal acknowledgements from our member Virginia LaMarche. A former secretary who is proficient in word processing and the internet, Ginny has volunteered to assist with membership tasks, which frees Project Director Linda Dickman for issue research. Ginny also provides us with email updates on national wildlife issues, particularly the plight of Arctic wildlife in the face of habitat destruction and climate change.

Ginny is an accomplished photographer whose photographs of natural and historic sites will hopefully soon appear on our web site. Thanks for your help, Ginny!

NJEL Member and Student Photographer Publishes Book of Photographs to Benefit the Environment -

NJEL is grateful to former Board member Daphne Speck-Bartynski and to Abe Seth and his family for presenting NJEL with a supply of the book of photography produced by Abe. By means of a cooperative effort by Abe's parents and Daphne, NJEL was able to acquire the books and make them available for purchase. Abe is forgoing all profit from the books in order to support NJEL's work. The amazing thing is that when he developed the book, Abe was a sophomore in high school! The photographs are truly inspiring. NJEL will have the books available for purchase at public events, at the Awards Reception, and through our web site. For information, email us at njel@earthlink.net. We thank Daphne for providing the funding for this endeavor, and Abe for his donation of his profits, and we welcome the Seth family as members of NJEL!

Several years ago NJEL went from an "honor system" of dues renewal, with a once-a-year reminder, to an rolling renewal invoicing system. This was in response to requests for a systematic process that would help members keep track of their dues, as well as a need to give NJEL a stable funding base. We also tried to give members some latitude, particularly in difficult economic times, without wasting resources on repetitive reminders and appeals. The newsletter reflects only some of the numerous issues that require advocacy, and the increased amounts of time that our staff, board members, and volunteers are devoting to this. Stabilizing NJEL's revenue made it possible for us to establish the part time position of Project Director, and our current goal is to increase the number of hours that our Legislative Director can devote to direct lobbying. Contact with legislators and their staffs, collaborations with other organizations, and issue research is absolutely essential for effective lobbying. We also wish to be fair to members who respond to their dues renewals promptly and provide reliable resources for our work. To that end, NJEL is reaching out to members whose dues are in arrears and those whose memberships have lapsed. If you receive a letter or email regarding this, we hope that you will renew your membership and remain a part of NJEL! And, remember, one of the best ways a member can help NJEL is to recruit another member!

REMEMBER!

The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws!







	President: Anne Poole Legislative Director: Michael Pisauro


	Volume 37 No. 3

	July - September 2008

	Highlands Council Adopts Regional Master Plan; Environmentalists Oppose Its Provisions; Urge Governor Corzine to Exercise Veto Authority - *by Brenda Holzinger* After 4 years, lots of hard work by many individuals and groups, and a multitude of exhausting meetings and public hearings, the Highlands Council voted 9 to 5... Read More ... Joint Committee Hearing on Proposed Liquefied Natural Gas (LNG) Terminal in NJ Waters - *by Anne Poole* On August 7, the Senate and Assembly Environment Committees held a joint hearing in Toms River, addressing the construction of a liquefied natural gas Read More ... Keep It Green Campaign Continues to Fight for NJ's Open Space - *by Brenda Holzinger* After successfully fighting to keep state parks from closing as the summer season was set to start, New Jersey's environmental community, Read More ... Legislative/Regulatory Update - *by Michael L. Pisauro*, Legislative Director Updates at the state and federal levels. Read More ... Current News from the Coastal Ocean Coalition - National Marine Fisheries Service Proposes to Avoid Compliance with the National Environmental Policy Act - **- by Anne Poole & *Michael L. Pisauro* In August NJEL, as a member of the Coastal Ocean Coalition, signed on to a letter protesting proposals to weaken environmental review and public participation in fisheries management. Read More ... The Environmental Education Fund Welcomes Dr. Michael Taylor to Its Board - In August EEF installed Dr. Michael Taylor as a Trustee. Dr. Taylor is the Director of the Environmental Studies Program, and an Assistant Professor of Political Science at Seton Hall University (SHU) Read More ... Legislative Director Michael Pisauro-working for the environment and NJEL - - by Anne Poole Via the newsletter and web site, we apprise our members of the issues that Legislative Director Mike Pisauro addresses for YOU and the environment. Read More ... EEF News - Watershed and Waste Water Treatment Model Presentations Being Scheduled Now for 2008-2009. Read More ... Thanks to Member Ginny LaMarche for Help with Membership - Some of you who have received membership renewal acknowledgements from our member Virginia LaMarche. Read More ... NJEL Member and Student Photographer Publishes Book of Photographs to Benefit the Environment - NJEL is grateful to former Board member Daphne Speck-Bartynski and to Abe Seth and his family for presenting NJEL with a supply of the book of photography produced by Abe. Read More ... NJEL's Membership Renewal Drive - Several years ago NJEL went from an "honor system" of dues renewal, with a once-a-year reminder, to an rolling renewal invoicing system. Read More ... Highlands Council Adopts Regional Master Plan; Environmentalists Oppose Its Provisions; Urge Governor Corzine to Exercise Veto Authority - by Brenda Holzinger After 4 years, lots of hard work by many individuals and groups, and a multitude of exhausting meetings and public hearings, the Highlands Council voted 9 to 5--after 7 hours of comment and discussion on July 17th --to accept the Final Regional Master Plan.This master plan is mandated by the Highlands Act of 2004, which was adopted by state lawmakers to protect the source of almost 2/3 of the state's drinking water--the Highlands region, an area that comprises about 800,000 acres and part or all of 88 municipalities in Bergen, Passaic, Morris, Sussex, Warren, Somerset and Hunterdon counties.New Jersey's environmental community, led by the NJ Highlands Coalition, has called on Governor Corzine to effectively veto the Highlands Master Plan by vetoing the minutes of the July 17th Highlands Council meeting.At press time the Governor has only a few days to take action or the plan as passed will become law. New Jersey's environmentalists are displeased with the plan, the policies and goals in the Regional Master Plan intended to implement the law, and believe they represent an abdication of the State's obligation to protect drinking water in trust for its citizens.They argue that the document violates the Highlands Act by allowing new water uses in areas that are already in deficit, by allowing clustered development to release what they consider an unacceptable level of pollutants to the groundwater, and by letting redevelopment areas encroach upon no-development buffers next to pristine streams. Although about a dozen amendments aimed at strengthening different parts of the plan were considered, the Highlands Council ultimately voted against any significant changes. Among the organizations supporting the NJ Highlands COALITION-not to be confused with the COUNCIL, which has the legislative authority to protect the region-in its objection to the Regional Master Plan are the NY-NJ Trail Conference and NJEL. In accordance with its advocacy priorities, NJEL's interest in the Highlands has been primarily the protection of drinking water sources. The Trail Conference's interest is part of its mission to build and protect marked trails and to protect open space. A true service organization, the NYNJTC has consistently objected to the plan's lack of protection for hiking trails, ridge tops and viewsheds, and would like to see the plan include local All Terrain Vehicle (ATV) regulations as part of the municipal conformance process. Uncontrolled ATVs cause significant damage to public and private lands, destroy habitat, produce noise and air pollution, and disturb others' use and enjoyment of natural areas. The Highlands Coalition and its member organizations made their opposition known to the Governor and produced "Action Alerts" to notify the public about the lack of protection afforded by the RMP. NJEL members in our email alert network were asked to email the Governor and urge him to veto the minutes of the Council. Visit the Highlands Council website (http://www.highlands.state.nj.us/) for further information including the Regional Master Plan full text and maps.You might also wish to visit the NJ Highlands Coalition (http://www.njhighlandscoalition.org/) and the 4-state Highlands Coalition (http://www.highlandscoalition..org/) websites for additional information, resources and links. For information about the Trail Conference, visit www.nynjtc.org Check our website, www.njenvironment.org in the coming weeks for the outcome. If you are a member of NJEL and would like to be included in our email action alerts, please send your email address to: njel@earthlink.net. Please include your full name. You are not obligated to comment or email on the issues of which you are notified. It is strictly voluntary, and your email address will not be shared with any other entity. Joint Committee Hearing on Proposed Liquefied Natural Gas (LNG) Terminal in N J Water - by Anne Poole On August 7, the Senate and Assembly Environment Committees held a joint hearing in Toms River, addressing the construction of a liquefied natural gas (LNG) terminal in waters off New Jersey. There are several proposals, each by different entities but the hearing focused primarily on an ocean site approximately 15 miles offshore, and a Delaware Bay site. An LNG terminal is purported to be needed to meet a projected increase in the demand for gas for heating, industrial uses, and electric generation. While one design is what most people visualize-a platform with tanks- another is essentially a connection to an underwater pipeline, to which tankers would connect to offload the product. LNG is primarily methane; it is the liquid form of natural gas. LNG is kept in the liquid state by being subjected to cryogenic conditions (specifically, minus 260 degrees Fahrenheit). It must be returned to the gaseous state for its transport via pipeline. That process would be accomplished at the transfer point, the LNG terminal. The product is converted to gas by raising the temperature to the gasification point. Both alternatives are opposed by a number of organizations and municipalities, for several different reasons. Many public officials who represent beachfront municipalities oppose an ocean-based terminal because of perceived risks to beaches and water quality. Representatives of the commercial and recreational fishing sectors base their opposition on the unknown impacts of facility construction and vessel activity on fishing grounds, as well as the undefined "security zones" that would be off-limits to vessels. Several environmental organizations are opposed. Reasons include the risks of a vapor discharge and possible combustion, risks to marine life, and the fear that increasing the supply of LNG to the U.S. will only increase our dependence upon fossil fuels and will discourage renewable energy initiatives. Other speakers at the hearing, while not endorsing a terminal, noted that the concept should not be dismissed without further study. Right now significant amounts of natural gas are burned off as a byproduct of oil production, rather than captured. It was noted that LNG from existing fields is preferable to exploitation of undeveloped, ecologically sensitive areas. In terms of emissions, LNG is cleaner than coal, and it avoids the disposal problems that come with nuclear power. Some environmentalists believe that supplying LNG could be positive if it were part of a plan to reduce the use of coal and nuclear power and accompanied by a significant increase in the proportion of renewable fuels for electric generation. At this time, NJEL has not taken a position pro or con. Project Director Linda Dickman and NJEL volunteers have gathered information from numerous sources, including the Federal Energy Regulatory Commission. However, the historical and technical data do not necessarily address the issues that are of specific concern to NJ. The energy and transportation sectors emphasize the 50-year safety record of LNG transport and storage. It is true that if LNG is discharged, it will not remain a liquid for long. Visions of oil slicks, oil-drenched wildlife, and blackened beaches are inaccurate. LNG is not explosive, although the rupture of a pipeline, tank, or vessel, with a resulting increase in temperature, could result in a discharge of combustible vapor. Besides being a pollutant, if the vapor contacts an ignition source, it ignites. For this reason, there are concerns about threats from terrorism, collisions with ocean vessels, and North Atlantic storms. There have been few serious incidents, and no significant accidents in the US in decades, but a catastrophic event occurred in Cleveland in the 1940's, when vapors entered the city's sewer system. This was prior to technological and safety improvements, better siting analysis, and tightened regulatory oversight. As pointed out by opponents of the terminals, LNG will do nothing to reduce our dependence upon foreign fuels. LNG will be imported from some of the same unstable or unfriendly countries that provide the U.S.with oil. Dollars will still flow to foreign countries, some of which have nationalized oil industries. In addition, tremendous amounts of energy are required to capture, convert, and transport LNG to the U.S. Interestingly, in the demand projections that are driving the LNG terminal proposals, there is no examination of how much increased demand might be met by serious conservation measures. On the other hand, the alternative suggested by some opponents of the terminal-domestic natural gas-are not entirely benign. More transcontinental pipelines are required. One is already planned from Alaskan fields. While "domestic," the gas carried by pipeline from Alaska or the American West has an environmental impact on habitat and also must be secured against threats. As both opponents and those who are undecided have pointed out, the resources used for terminals and pipelines could be invested in renewable energy projects, particularly since the completion schedules for fossil fuel projects are lengthy. No project proposed now will reduce the price of energy in the short term. And, regardless of speculation about the cost benefits of making LNG available from a transfer point close to the large New Jersey market, there is no guarantee that prices will fall in the future. The New Jersey Energy Master Plan assumes that non-nuclear renewables will continue to furnish a paltry 2% of our state's energy in the coming years. The public is agitating for clean energy but the record of government and the fossil fuel industries are records of inertia and hostility towards renewable energy. Now that the spike in oil prices has agitated the electorate, there is begrudging acknowledgement of the feasibility of using renewable energy. Still there has been little action. Would we really expect enthusiastic support for renewable energy once government and industry become comfortable with "clean" LNG and promises of lower prices? NJEL is continuing to gather information about the LNG terminal proposals and the environmental impact of LNG as compared to other fuels, so that it can formulate a position regarding a terminal. NJEL will support infrastructure projects that provide reliability with the least negative impact, but only as part of an energy policy that puts greater emphasis on conservation and use of renewable energy. Keep It Green Campaign Continues to Fight for NJ's Open Space - by Brenda Holzinger After successfully fighting to keep state parks from closing as the summer season was set to start (see Spring edition of the NJEL newsletter), New Jersey's environmental community, through the Keep It Green Campaign, refocused its efforts on securingstable, long-term source offor the Garden State Preservation Trust Fund-- the state's vehicle for conserving open space. The New Jersey - Keep It Green Campaign is a coalition of over 100 statewide, local and regional organizations ranging from sportsmen's groups and environmental organizations to affordable housing and urban park advocates. The campaign's mission is to secure a long-term, stable source of funding for the acquisition of open space, farmland and historic sites as well as the capital improvement, operation, maintenance, and stewardship of state and local natural areas, parks and historic sites in New Jersey. NJEL is proud to be a committed, working member of the Keep It Green coalition. Throughout the budget season, the Keep It Green Campaign called on the State Legislature and the Governor to pass legislation ensuringNovember 2008 ballot referendum to renew and strengthen the Trust. Unfortunately, in the heat of the budget battle--fought amidst growing economic anxiety--this legislation failed to become law.Despite this significant setback, the Campaign recommitted its efforts to seeking other sources of funding to conserve and steward New Jersey's remaining open space. A variety of funding mechanisms are currently under review by the Campaign, legislative leaders and the Governor's staff.At press time, some type of user fee connected to water usage appears to have the edge based on polling data that places public support for such a measure safely within the majority. Apparently, the public recognizes the connection between drinking water sources and protection of undeveloped areas where those sources originate. We hope that public officials also will see the connection! Legislative/Regulatory Update - - by Michael L. Pisauro, Legislative Director At the State Level . . . The NJ Department of Environmental Protection recently proposed rule changes which are being reviewed by NJEL and other environmental organizations, in preparation for comment. - Changes to Coastal Permit Program Rules to allow what is known as a "permit-by-rule," for construction and installation of boat wash waste water systems at marinas and boatyards Data collected in 2002 in Maine and 2007 in Connecticut found elevated levels of heavy metals in waste water and also in sediments at marinas. To reduce this pollution in New Jersey, New Jersey implemented rules that were intended to reduce the discharge of boat and equipment wash water into State waters. Facilities covered by the rules, including marinas and boatyards not already in compliance, will be required to install equipment, structures, and sanitary sewer connections by June 1, 2009. A permit-by-rule is a permit for activities that the Department has determined have minimal potential for environmental impact, provided the conditions of the permit-by-rule are met. No plans, applications, or other written notice is required to be submitted to DEP. The newly proposed rule is intended to encourage compliance by reducing the costs associated with installing the improvements. Apparently there is some concern that marinas may cease offering these services, which are part of winterization, rather than install the required systems. - Amendments to enforcement rules in order to implement the provisions of Environmental Enforcement Enhancement Act (EEEA) The EEEA amended the existing Freshwater Wetlands Protection Act. Included in the EEEA is an increase in the maximum financial penalty. - Amendments to the State Implementation Plan (SIP) of the Clean Air Act Proposed changes are intended to reduce sulfur, volatile organic compounds (VOCs), and oxides of nitrogen (NOX) in New Jersey's air. At the Federal Level . . . By now, most NJEL members probably know that President Bush rescinded the Executive Order that banned oil drilling on the Outer Continental Shelf of the U.S. The original order was signed by his own father almost 20 years ago. Subsequently, President Clinton extended the ban to the year 2012. Although a Congressional ban exists, that ban included is in the annual appropriation for the Department of the Interior and the President's action is clearly meant to encourage drilling proponents in Congress to discard it. Both Gov. Schawrzenegger of California and Gov. Corzine have stated that there will be NO drilling off the coasts of their respective states, but those pronouncements are not guarantees. While almost all of New Jersey's Congressional delegation has been steadfast in its opposition to offshore drilling, there appears to be some wavering by some. NJEL signed on to a letter to those who have not strongly reiterated their opposition, explaining the rationale for retaining the ban and urging them to do so. All of the reasons are well known; we quote from only one part of the letter: "The oil industry already holds more than 5,500 drilling leases that, according to U.S. Department of the Interior estimates, contain roughly 80 percent of the untapped oil and natural gas in offshore areas; we do not need to open up new, ecologically sensitive areas to drilling. Marine mammals, sea birds, fish, shellfish, and other sea life are extremely vulnerable to oil pollution and oil's long-term toxic effects can impair a population's reproductive success for generations. In the aftermath of the 1989 Exxon Valdez accident, oil sickened or killed thousands of birds and marine mammals, as well as vast numbers of fish and plant life. Oil contamination reached shorelines up to 600 miles away from the spill; if the spill had happened on the East Coast, it would have extended from Massachusetts to North Carolina. Commercial fisheries were closed, coastal communities were harmed, and ecosystems experienced long-term changes." Aside from the points above, even the oil industry admits that if drilling were to begin today, oil from those wells would not reach the consumer for years. The oil reserves along our coast represent just a fraction of U.S. demand, so it is unlikely that exploiting them will reduce U. S. energy prices. Contact your U.S. Senator and Representative and tell them to RETAIN THE BAN on offshore drilling. Follow the directions in the "Coastal Coalition" article on page 4 to locate your representative's surface mail address, or send an email through the link. Current News from the Coastal Ocean Coalition - National Marine Fisheries Service Proposes to Avoid Compliance with the National Environmental Policy Act - - by Anne Poole & Michael L. Pisauro In August NJEL, as a member of the Coastal Ocean Coalition, signed on to a letter protesting proposals to weaken environmental review and public participation in fisheries management. As background, when Congress reauthorized the Magnuson-Stevens Act (MSA) in 2006, it directed the National Marine Fisheries Service (NMFS) to update its environmental review procedures to comply with the requirements of the National Environmental Policy Act and the regulations of the Council on Environmental Quality (CEQ). However, NMFS's proposed regulations fail to comply with the Congressional directive and would seriously weaken environmental review and public participation in fisheries management. NEPA compliance is crucial to ensure that our nation's oceans are sustainably managed. NEPA compliance requires fishery managers to thoroughly consider potential impacts of their planned actions regarding species management, catches, and fishing stock recovery, and giving individuals and local communities a voice in management decisions. The COC's letter, to which the Natural Resources Defense Council also subscribed, requested that NMFS withdraw its proposed regulations. COC objected to these specific attempts to circumvent NEPA: - a complicated new process to replace environmental impact statements, discarding three decades of established case law and practice - allowing individuals with financial interests to control the environmental review and public participation process The proposed rule enables the regional fishery management councils - a majority of whose appointed members have financial interests in the fisheries they manage - to control the environmental review and public participation process. - new loopholes that can be used to circumvent environmental review - a significant reduction in public input by allowing mangers to reduce the time periods for public comment well below the current required minimum, with no oversight. The COC and its members signed on to a letter to members of Congress regarding House Bill 21, ("Oceans 21"), cosigned by a number of national environmental organizations, including the Natural Resources Defense Council, the Ocean Conservancy, and the World Wildlife Fund. Introduced in January 2007 (yes, you read it correctly) by Rep. Sam Farr, a California Democrat, the bill seeks to implement the 2003 and 2004 recommendations of two national study groups-the U.S. Commission on Ocean Policy and the independent Pew Oceans Commission. As we have explained before, the lack of Federal action in response to their findings and recommendations led to the formation of the multi-state Coastal Ocean Coalition. Finally clearing the House Natural Resource Subcommittee on Fisheries, Wildlife, and Oceans (chaired by Madeleine Bordallo, D-Guam) in April 2008, HR 21 continues to be resisted by special interests. They are using scare tactics to maintain the status quo of ocean management by 20 Federal agencies, implementing 140 laws without a unifying vision and frequently working at cross purposes. This disorganization works to the benefit of special interests who exploit marine resources without regard to long term sustainability. Oceans 21 would cover coastal waters and marine resources under U.S. jurisdiction - including those in the Great Lakes and Atlantic, Pacific and Arctic Oceans. It would provide the National Oceanic and Atmospheric Administration (NOAA) with a legislatively mandated mission and structure, which does not exist at the present time. The letter was timed to coincide with an expected mark-up of the bill. Call your House representatives to urge action on HR 21! You can send an email through our web site, www.njenvironment.com. Click on "NJ Politicians," go to the end of the page and click on "Federal Representatives." Scroll down to your Representative. If you do not know who your representative is, you can find, with one more click, the list of all New Jersey Congressional Districts and Representatives. There are links to web sites and email addresses for Senators and Representatives. Then, take a moment and let us know that you took action by emailing njel@eathlink.net The Environmental Education Fund Welcomes Dr. Michael Taylor to Its Board - In August EEF installed Dr. Michael Taylor as a Trustee. Dr. Taylor is the Director of the Environmental Studies Program, and an Assistant Professor of Political Science at Seton Hall University (SHU). The Environmental Studies Program allows students to pursue a Bachelor of Arts degree in either a public policy or environmental education concentration. The program provides a solid interdisciplinary, liberal arts education with an emphasis on experiential learning opportunities. Dr. Taylor holds a B.A. in Economics from the University of Connecticut, an M.S. in Applied and Environmental Economics from Virginia Tech, and a Ph.D. in Environmental Economics, Environmental Science, and Philosophy from Ohio State University. He was a Joseph L. Fisher Dissertation Fellow with Resources for the Future in Washington, DC, as well as a National Research Council Post-Doctoral Researcher with the U.S. EPA in Cincinnati, OH. His research interests are in the area of nonpoint source water pollution and the use of market-based mechanisms for their control. His current research explores the use of group contracts to control farm runoff and the use of reverse auctions for rain gardens to reduce storm water runoff impacts from established residential properties. Dr. Taylor was instrumental in arranging SHU's sponsorship of EEF's Precautionary Principle Conference in March 2008. Dr. Taylor is looking forward to facilitating NJEL/EEF's Precautionary Principle Initiative (PPI) and has already made a number of suggestions for garnering public and legislative interest in adopting the Principle as an environmental decision-making paradigm in New Jersey. We are honored to welcome an individual with his credentials to the Board. Legislative Director Michael Pisauro-working for the environment and NJEL - by Anne Poole Via the newsletter and web site, we apprise our members of the issues that Legislative Director Mike Pisauro addresses for YOU and the environment. We thought our members should know about the other things that Mike does, without remuneration, on behalf of the environment. Mike has established an environmental blog, accessible to all, with comments on legislation, regulations, and legal cases that affect the environment. Mike's blog provides much more detailed analysis than our newsletter can accommodate and is an excellent source of information on many topics. To view Mike's blog, go to www.fplegal.com/wordpress/. The American Bar Association's Natural Resource and Environment Journal recently published an article written by Mike. The article "Renewables and Land Use Law" examined the impact of zoning and land use laws on the use of renewable energy systems. Mike hopes to post the article on his firm's website. Mike was recently thanked by the Endangered and Nongame Species Advisory Committee of the N. J. Fish and Game Council for his personal efforts in the successful campaign to protect the horseshoe crab, and by extension, the red knot migratory bird. The red knot's main food source on its global longitudinal journey is horseshoe crab eggs in New Jersey. We also are grateful to Mike and his partner at Frascella & Pisauro for their support of NJEL's efforts to engage the public in environmental issues. Frascella & Pisauro is a regular sponsor of NJEL's Awards Reception, and they also supported EEF's Precautionary Principle Conference. Mike hosted a membership event and is planning another. As if that were not enough, Mike and his wife Terry also maintain their own family membership in NJEL! Finally, Frascella & Pisauro offers NJEL members whose memberships are current a 10% discount on certain legal services. To contact Mike, visit the firm's web site, www.fplegal.com, or email him at mike@fplegal.com EEF News - Watershed and Waste Water Treatment Model Presentations Being Scheduled Now for 2008-2009 EEF Board member and Education Director Gene Fox is scheduling basic watershed model presentations in schools for the 2008-09 school year. Since we have only one model, and many schools cover the environment and water at the same time, schedule conflicts can occur. If you would like a presentation, please email njel@earthlink.net as early in the school year as possible. Gene is also scheduling presentations with a waste water treatment model, which illustrates waste water treatment and its relationship to water quality. This presentation is appropriate for enrichment and high school students and adults. To schedule a presentation for your community group, environmental commission meeting, or school, email njel@earthlink.net Thanks to Member Ginny LaMarche for Help with Membership- Some of you who have received membership renewal acknowledgements from our member Virginia LaMarche. A former secretary who is proficient in word processing and the internet, Ginny has volunteered to assist with membership tasks, which frees Project Director Linda Dickman for issue research. Ginny also provides us with email updates on national wildlife issues, particularly the plight of Arctic wildlife in the face of habitat destruction and climate change. Ginny is an accomplished photographer whose photographs of natural and historic sites will hopefully soon appear on our web site. Thanks for your help, Ginny! NJEL Member and Student Photographer Publishes Book of Photographs to Benefit the Environment - NJEL is grateful to former Board member Daphne Speck-Bartynski and to Abe Seth and his family for presenting NJEL with a supply of the book of photography produced by Abe. By means of a cooperative effort by Abe's parents and Daphne, NJEL was able to acquire the books and make them available for purchase. Abe is forgoing all profit from the books in order to support NJEL's work. The amazing thing is that when he developed the book, Abe was a sophomore in high school! The photographs are truly inspiring. NJEL will have the books available for purchase at public events, at the Awards Reception, and through our web site. For information, email us at njel@earthlink.net. We thank Daphne for providing the funding for this endeavor, and Abe for his donation of his profits, and we welcome the Seth family as members of NJEL! NJEL's Membership Renewal Drive - Several years ago NJEL went from an "honor system" of dues renewal, with a once-a-year reminder, to an rolling renewal invoicing system. This was in response to requests for a systematic process that would help members keep track of their dues, as well as a need to give NJEL a stable funding base. We also tried to give members some latitude, particularly in difficult economic times, without wasting resources on repetitive reminders and appeals. The newsletter reflects only some of the numerous issues that require advocacy, and the increased amounts of time that our staff, board members, and volunteers are devoting to this. Stabilizing NJEL's revenue made it possible for us to establish the part time position of Project Director, and our current goal is to increase the number of hours that our Legislative Director can devote to direct lobbying. Contact with legislators and their staffs, collaborations with other organizations, and issue research is absolutely essential for effective lobbying. We also wish to be fair to members who respond to their dues renewals promptly and provide reliable resources for our work. To that end, NJEL is reaching out to members whose dues are in arrears and those whose memberships have lapsed. If you receive a letter or email regarding this, we hope that you will renew your membership and remain a part of NJEL! And, remember, one of the best ways a member can help NJEL is to recruit another member! REMEMBER! The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws! BACK TO TOP**