Murphy’s First 6 Months: Need to Do More for the Environment

Today marks the six-month anniversary of Phil Murphy being the Governor of New Jersey. Below, we have outlined the progress, setbacks, and incomplete actions of the Murphy Administration when it comes to the environment and clean energy.

“The first six months traditionally are the Honeymoon period where many good things get done. Generally, it’s when the DEP has the best budget and important legislation is passed. However, this Administration has been slow to see those results. Christie has done so much damage to the state that it’s going to take more time to rebuild. We’re very troubled by some of the decisions made by the Administration but we also have seen many positives. There’s room for improvement and we look forward to working with the Murphy Administration to build up as we go along to making our environmental goals stronger,” said Jeff Tittel, Director of the New Jersey Sierra Club. ““Many of the areas where we’ve had victories such as Sparta Mountain, are where we’ve stood up and spoke out. Public pressure seems to make a difference and so we must continue doing it.”

Clean Energy and Nuclear Power

Governor Murphy originally opposed the nuclear subsidy bill but has signed it anyway. This bill prevents us from reaching our goal of 100% renewable energy by 2050. While Murphy has taken action to advance the Energy Master Plan, the nuclear subsidy bill is a major roadblock and may tie our hands altogether.

Despite wanting to ensure the continued expansion of the solar industry, while developing a long-term path for growth, the Governor signed legislation that is greencover for a giant nuclear subsidy. In reality, the “green” energy bill will significantly undermine renewable energy in New Jersey and possibly destroy our state’s solar program altogether. We could see the solar market crash in a year. A positive in bill is that it establishes a goal of 3500 MW of offshore wind and a goal of 50% renewable energy by 2030. However, we may not reach these RPS goals because of the solar cost cap that could impact state solar and out-of-state renewable energy purchases.

Wind Energy

Governor Murphy has upheld his commitment to offshore wind by signing an Executive Order for 1100 MW of offshore wind. This will begin the process of reaching our eventual offshore wind goal of 3500 MW by 2030. Since then, the BPU has been moving forward. However, they are taking too long in the process.

Regional Greenhouse Gas Initiative (RGGI)

Governor Murphy promised to rejoin the Regional Greenhouse Gas Initiative (RGGI) and has signed an Executive Order to do this. Our concern is that it will take two years to implement. In that time, New Jersey will miss out on revenue and green jobs. And some of the money will not go to the appropriate places. When New Jersey starts receiving funds from RGGI, the Administration wants to spend it by planting trees and grass instead of targeting funds for environmental justice communities.

Power Plants

There are multiple proposals for new power plants in New Jersey. The proposed North Bergen Liberty Generating Project in the Meadowlands would be one of the largest plants in the state and cost $1.5 billion and send electricity to New York City. The DEP has granted them multiple permits already.

There is another 663 MW power plant proposed on the Musconetcong River in the Highlands Preservation Area. They have already received DEP exemptions from the Highlands Rules. We are urging Governor Murphy to put a moratorium on new power plants in New Jersey to protect our drinking water and uphold his goals for 100% renewable energy by 2050.

“While the Administration has strong goals for reducing greenhouse gasses and promoting clean energy, their actions have in some cases worked against this. The proposed power plants will undermine RGGI reductions and new pipeline proposals will increase greenhouse gasses,” said Jeff Tittel.

Bear Hunt

Acting DEP Commissioner McCabe did not stick by Governor Murphy’s promise to end the bear hunt. On the contrary, her statements seemed to support keeping the current management plan, including a hunt, in place through 2020. Based on her testimony, it is more than probable there will be a continued bear hunt. This is because she backs the Fish and Game scientists who likely won’t be changing the science to stop the hunt. She then went on to support the idea that bear populations have increased in New Jersey. All of this supports the idea that the Administration is not going to challenge the five-year management plan put in place by Governor Christie that allows for bear hunting.

Fracking Waste

The Governor has supported a complete ban on fracking and fracking activities in the Delaware River Basin by the Delaware River Basin Commission (DRBC). However; since he was sworn in, his Administration’s statements recently have been backing away from banning fracking waste in the Basin.

Murphy did CV a dangerous bill to allow DuPont to increase pollution dumping to make it stronger and better. We wanted a full veto, but at least he required changes to improve the bill. Our concern is that this could lead to New Jersey facilities accepting fracking waste.

Highlands

The Governor appointed Carl Richko as Chair of the Highlands Council, a long-standing environmental champion. However, he has yet to make any new appointments to the Council with those better fit to make decisions that benefit the people and environment of the Highlands.

DEP Commissioner McCabe did not promise to pull down the Highlands Septic Density rules ruled as void by the Legislature. Instead, she made a promise to “compromise” by re-running the model.

Pinelands

The DEP granted South Jersey Gas an extension on permits to build their damaging pipeline through the Pines. Nancy Wittenberg is still the Executive Director of the Pinelands Commission and Murphy has made no new appointments to the agency charged with protecting the Pines.

DEP Budget

Overall, $414 million was raided from environmental and clean energy programs to balance the budget. However, with the rise in the CBT, the overall DEP budget will be up slightly.

Raiding Funds

Murphy promised to utilize 100% of the Clean Energy Fund to advance energy efficiency, grow the clean-energy economy, create clean-energy jobs and drive down carbon emissions. Instead, $140 million from the CEF is being diverted in this year’s budget. This includes $50 million for lights in government buildings. This is a direct contradiction to his campaign promise to stop the stealing of these funds.

Exxon and NRD Settlements

The Murphy Administration has opposed our challenge of the Exxon settlement, despite previously calling it unfair. They have signed off on the Exxon deal and taken the money. One of the goals of Murphy’s Transition Report was to aggressively pursue Natural Resource Damage (NRD) claims. However, there is $200 million taken into the DEP from natural resource damages but nothing in the budget allocating it towards environment programs. There is also $272 million in environmental settlements but we don’t know where the money is going. The Administration has also not filed any new NRD claims.

Despite committing to stop raiding environmental settlement funds, the Administration is taking $69 million of the $141 million the state will receive from settlements with Volkswagen involving air-pollution violations and cheating on emissions tests. This will go into the general fund for the state budget. This is funding that is supposed to be going to clean air initiatives, including electric vehicles programs.

Development at Liberty State Park

The proposed golf course at Liberty State Park Caven’s Point has been halted but they could come back with another proposal. There’s also a new threat from a potential racetrack next to park or a stadium proposed to take up 25 acres within the park.

Offshore Drilling

Governor Murphy has signed A839 (Land) into law, prohibiting offshore drilling in State waters and issuance of DEP permits and approvals for activities associated with offshore drilling. Not only will this law prevent drilling in state waters, but it will stop any oil or infrastructure being transported from offshore into NJ. This is an important step to protect our coasts from the Trump Administration.

Pending Legislation: Plastic Bags and Smoking  

We are waiting for Murphy’s action on the plastic bag fee bill that is sitting on his desk: A3267 (Vainieri Huttle)/S2600 (Ruiz). The Sierra Club has urged Murphy to either veto the bill or CV it to fix its many problems. We support a full ban on single-use plastics to properly reduce plastic pollution in New Jersey.

Governor Murphy has also yet to sign legislation that was passed in June, S2534 (Sweeney)/A3798 (Calabrese), to ban smoking in beaches and parks in New Jersey.

Other Positive Actions

• His executive order maintains commitments to incorporating environmental justice into state agencies, departments, and plans.
• Governor Murphy as also reversed New Jersey’s position to support Obama Administration’s Clean Power Plan.
• Murphy has halted logging on Sparta Mountain, at least temporarily.
• The DEP denied PennEast’s permit applications for being deficient
• Transco withdrew their application to DEP to build a pipeline and compressor station from Franklin Twp. into the Raritan Bay

Other Negative Actions

• The DEP testified in opposition of creating a strong MCL standard for 1,2,3-TCP in drinking water. These chemicals have been found in wells in Moorestown and dozens of other places in New Jersey. The state has not yet set an MCL for it, putting the public at risk.
• Governor Murphy is backing away from blocking pipelines. He has said he has a lot concerns environmentally and economically however he has remained unacted on pipelines
• McCabe called polluters “customers” and claimed to be “fair and balanced”. She also  questioned NJ’s complex regulatory system and called it a “scheme” and questioned why we have stricter regulations than the federal level.
• McCabe erroneously applauded the DEP’s record on enforcement, despite NJ having seen a drop in enforcement anywhere from 30% to 60% in various program areas under Christie
• She supports Christie’s plan for Barnegat Bay and defends overall environmental policies of Christie/Bob Martin and kept most of the senior DEP staff
• McCabe has not been proactive on the clean-up of the DuPont site in Pompton Lakes and seemed to blame the victims while claiming satisfaction at efforts to deal with toxic vapors
• Her statements unofficially supported Pilgrim Pipeline as an alternative to Bakken oil trains, an unsubstantiated and dangerous statement.
• When asked about re-opening the Office of Climate Change, McCabe claims that the functions of the office were moved elsewhere. This is the same answer given by Bob Martin under Christie.
• They want to take $500 million from capital for operations, continuing the bad practice from under the Christie
• The DEP approved permits for the Hoboken Dry Dock project. New Jersey Transit is attempting to lease the Hoboken Dry Dock land for the operation of a ferry maintenance and repair facility despite the city’s efforts to acquire the land for public open space.

“DEP Commissioner McCabe has turned out to be following the footsteps of Bob Martin more than lining herself with Governor Murphy’s original environmental promises. She has gone back on the Administration’s promises to stop the bear hunt and re-open the Office of Climate Change. She has failed to pull down the Highlands Septic Density Rules and erroneously praised the DEP’s enforcement record. We hope that during the rest of the Administration, Commissioner McCabe takes more action to fulfill Murphy’s environmental commitments,” said Jeff Tittel.

Incomplete Actions

Legislation that allows for the creation of local and regional stormwater utilities and subsequent user-fee collection, to support infrastructure and management is moving through the Legislature. We urge Murphy to pass this once it reaches his desk.

Governor Murphy and his Administration have failed to take any action on the following promises and commitments:

• Requiring fossil fuel infrastructure projects demonstrate whether there are market-based, cost-effective and clean alternatives (to delay or avoid the project).
• Updating the state’s outdated building codes
• Reducing incidence of childhood lead poisoning and provide services for affected children.
• Upgrading the state’s aging drinking, waste, and storm water infrastructure.
• Updating the state Water Supply Plan
• Freezing all pending DEP rule proposals, including Freshwater Wetlands, Coastal Zone Management, and Coastal Area Facility Review Act (CAFRA) rules, until they can be thoroughly reviewed to ensure strong environmental protections are in place. He should order the DEP to review all water regulations that have been weakened over the last 8 years and reverse any rollbacks to those protections
• Repealing the relevant parts of Executive Orders 1 and 2

“After six months, Murphy’s grade stays about the same or goes down to a C-. Even with all the actions we don’t approve of, the Murphy Administration is still leaps and bounds better than the Christie Administration. While Governor Murphy has kept some of his environmental and clean energy commitments such as moving us forward on offshore wind, we still need him to do more. Eight years of the Christie Administration left us with many improvements needed and we’ve waited long enough. We urge Governor Murphy to stand firm in his commitment to renewable energy by stopping proposed power plants. We need him to stand by his promise to stop the bear hunt and discontinue raiding important environmental funds,” said Jeff Tittel, Director of the New Jersey Sierra Club. “It’s important that we now have a Governor and First Lady who care about the environment but we need to work together to make real progress. It’s still early and the Administration has a chance to move forward and make a big difference.”