Archive for January, 2008

NJ has new environmental legislation- Part I

Written by Mike Pisauro on January 16th, 2008 in Clean Up, Global Warming, Ocean, Recycling, Renewable Energy | No Comments »

The Governor has recently signed new legislation dealing with the environment. Some of it is good and some of it is not so good. The following are the bills he has signed over the last couple of days:

Electronic Waste Recycling Act. Generally this law requires that computers, tv, monitors and some other electronic devices are recycled and not thrown away.

Certification program for renewable energy. P.L. 2007 c. 264. The law requires BPU to set up a certification program for installers of renewable energy systems.

State Green Buildings. P.L. 2007, c.269. The law requires all new governmental building of at least 15,000 square feet to meet either the silver rating from the Leadership in Energy and Environmental Design Green Building Rating System or two globes from th Green Globes Program.

Site remediation notice. P.L. 2007, c.276. The bill requires those performing site remediation to provide written notice to the county health department and local health agency. Also these agencies and municipality to request a copy of the remediation action work plan.

Public notice for shore protection projects. P.L. 2007, c.278. Requires DEP to hold a public meeting for comments on shore protection programs once the feasibility study is complete.

NJ Coastal and Ocean Protection Council. P.L. 2007, c.288. For more info see link.

Net Metering. P.L. 2007, c.300. Provides net metering to not only residential but industrial and large commercial customers. Also increases that amount of energy produced from renewable energy from 0.1% to 2.5% of the State’s peak energy level before a utility may cease providing for net metering.

Recycling Enhancement Act. P.L. 2007, c.311. The law reasserts the State’s commitment to recycling and funds municipal and county recycling programs through a $3.00 per ton charge on solid waste facilities.

There are several more bills which I will write about shortly.

NJ moves closer to ocean protection with the Coastal and Ocean Protection Council

Written by Mike Pisauro on January 8th, 2008 in Ocean | 1 Comment »

Last night the Assembly passed A4332, that creates the New Jersey Coastal and Ocean Protection Council.  The Senate passed a similar bill back on December 10th.  Now the bills are awaiting the signature of the Governor.

In 1973 the New Jersey legislature passed the Coastal Areas Facility Review Act because, “certain portions of the coastal area are now suffering serious adverse environmental effects resulting from existing development activity impacts”  NJSA 13:19-2.   Unfortunately, CAFRA did not meet its promises and in 2003 and 2004 the Pews Ocean Commission and the U.S. Commission on Ocean Policy both determined that our ocean and coasts are in critical condition.  For example the Pews commission found that:

       ·         more than 60 percent of our coastal rivers and bays are moderately to severely degraded by nutrient runoff.      ·         those species that we rely on commercially and recreational were in jeopardy from numerous causes.New Jersey’s coast is in the same boat as the remainder of the country.  Last summer saw garbage wash up on the shore, brown tides and fish kills.

The Coastal and Ocean Protection Council is the first step to making changes recommended by these Commissions and others. The Council will help DEP and other agencies coordinate their activities along the coast and in our oceans; to help formulate solutions to the problems that are facing this fragile, but important resource.  This Council’s work will not only improve our environment, but help enhance the economic viability of our tourism industry as well as the recreational and commercial fishing industry.  It is through the Council that we may begin to truly reach the goals set forth in 1973 with CAFRA, of stemming the, “continuing and ever-accelerating serious adverse economic, social and aesthetic effects . . . on the delicately balanced environment of that area.”  

Combatting Global Warming moves forward then back in 2007.

Written by Mike Pisauro on January 7th, 2008 in Global Warming | No Comments »

The fight against Global Warming had some ups and downs last year.  In April, the United States Supreme Court moved the game forward in its decision regarding Massachusetts v. Environmental Protection Agency ( EPA), only to have the ball brought back in December by the EPA’s failure to authorize California’s regulation of GHG emissions.

 

In Massachusetts v. EPA, several states, including NJ, sued the EPA over its refusal to regulate Green House Gases (GHG) emissions from motor vehicles.  In refusing the petition from private groups, EPA argued that it did not have the authority to regulate GHGs as they were not a “pollutant” under the Clean Air Act and, furthermore, the EPA asserted that there were other avenues that were more appropriate to address global warming. 

 

The Supreme Court, however, asserted that GHGs are, in fact, air pollutants and, as such, rejected the EPA’s assertion that it did not have authority to regulate the GHGs being emitted from motor vehicles.  The Court noted that the Clean Air Act (CAA) defined air pollutant to be, “any physical, chemical … substance or matter which is emitted into or otherwise enters the ambient air.”  The Court noted that since GHGs were chemical/physical substances that are emitted into the ambient air they are, therefore, pollutants.  The Court then directed the EPA to determine whether GHG emissions endanger public health or welfare.

 

Despite this hopeful start, in December the EPA declined California the right to implement more stringent regulations regarding GHG emissions from motor vehicles (see link).  Under the CAA, California has the right to enact more stringent regulations effecting emissions from motor vehicles and, once California receives permission to enact more stringent regulations, other states can adopt the California regulations.  New Jersey is one of the states that have promulgated regulations adopting the California regs. The EPA, however, justified their denial of the waiver by claiming that, unlike many other pollutants, GHGs is a “global issue” and not a local issue.  Additionally, the EPA found that, since Congress recently passed an increase in fuel efficiency requirements for motor vehicles, there was no longer any need to permit the waiver to California.  California and other states, including New Jersey, are currently suing EPA’s denial of the waiver (see link).

 

Hopefully, 2008 will be a better year for the U.S. efforts to combat Global warming.

Welcome to NJ Environmental Blog

Written by Mike Pisauro on January 7th, 2008 in Uncategorized | No Comments »

Welecome to my first blog. With this blog I will look at environmental issues affecting New Jersey. In upcoming entries I will be talking about global warming, RGGI, renewable energy, and coastal issues. If there is a topic you would like to read about, please let me know at Mike@fplegal.com

-Mike Pisauro