Date : Fri, 8 Jul 2016 17:18:00 -0400
Former NJ Governors File Legal Action to Stop SJ Gas Pinelands Pipeline
Three former New Jersey Governors that have taken a strong position against the South Jersey Gas Pipeline have now filed an amicus brief against it. Governors Brendan Byrne, Christine Whitman and James Florio, have filed a brief that states the role that the Board of Public Utilities and the Executive Director of the Pinelands Commission were “clearly erroneous in finding that the proposed pipeline conforms to the Comprehensive Management Plan.”Despite previous determination that the pipeline does not fit the needs of the Pinelands, the Commission’s Executive Director unilaterally determined the pipeline was consistent with the CMP. This decision circumvented a public hearing and further vote by the Pinelands Commission. With Wittenberg’s determination, the BPU violated the law by removing local jurisdiction without finding the pipeline is in the public interest or consistent with the CMP.
“Three former Governors have filed legal action against the South Jersey Gas pipeline. This is a major milestone in the battle against this pipeline. Never before have three former Governors filed against a current Administration on an environmental issue. They are doing this because the pipeline is dangerous and damaging, threatens our water supply, and will cause irreparable harm to the Pinelands. The Governors believe the approvals by the Christie Administration were wrong and clearly violate the Pinelands Act and Comprehensive Management Plan,” said Jeff Tittel, Director of The New Jersey Sierra Club. “Former Governors Byrne, Whitman, and Florio filed a friend of the court against the South Jersey Gas pipeline because they have been a longtime friend of the Pinelands. We are glad they are doing this because they know the law more than anyone else and have defended the Pinelands for decades. This pipeline will not only cut an ugly scar through the Pinelands, but open up this environmentally sensitive area for inappropriate development. These Governors know that this pipeline could actually weaken 40 years of protections since the Pinelands Act was passed.”
In the brief, the Governors urge that the Court vacates the Board of Public Utilities approval for the South Jersey Gas pipeline and must be held in full compliance to the CMP. They state that the role of the Pinelands Commission Executive Director approval process is administrative and advisory only. They believe the MLUL was not intended to and does not empower the BPU to waive municipal review of Pinelands requirements. Even if the BPU was empowered by the MLUL to waive municipal review of Pinelands requirements, they say that “the integrity of the Pinelands program and its careful balancing of interests require a formal decision from the full Commission, not an advisory letter from the Commission’s staff.”
“These are the former Governors who wrote and implemented the Pinelands Act and are holding the Christie Administration accountable to deliberately pushing through this destructive project.These governors have a long commitment to and history protecting the Pinelands. This lawsuit is unique because former Governors almost never take such a stance on regulatory decisions, but this just shows how wrong it was for the Pinelands Commission Executive Director and BPU to approve this pipeline,” said Jeff Tittel. “In the past, the Governors came out against Robert Barr’s nomination to the Pinelands Commission who is part of the political operation that is pushing for the pipeline. They also banded together by opposing the pipeline in 2013. These Governors realize the future of the Pinelands is at stake.”
The New Jersey Sierra Club are also suing against these decisions in hope the Pinelands Commission reconsiders the pipeline’s consistency with the management plan through a public process including a hearing and formal findings of fact, which would reverse the BPU’s decision. In addition, we hope to override the municipal land use authorizations that South Jersey Gas would otherwise need, forcing the agency to proceed with authorizations in each municipality in Upper Township, Estell Manor, and Maurice River Township. The groups are being represented by Renee Steinhagen of NJ Appleseed.
“As former Governors they clearly see that Nancy Wittenberg violated the law and exceeded her authority to approve this pipeline. Even though the Commission turned this project down, Wittenberg unilaterally determined the pipeline is a private development for use in the Pinelands which is not accurate based on the Comprehensive Management Plan. We are also suing against this decision because Wittenberg violated Pinelands laws by prohibiting the Commission from a further vote and prevented the public from having a hearing,” said Jeff Tittel. “Wittenberg’s decision allowed the Commission to hide behind having a final say and let the BPU to rubberstamp this damaging pipeline. The BPU has no reason to approve this pipeline because they have not determined the pipeline is in the public interest. These decisions must be examined in court and should be overturned.”
Each governor has been an active advocate in establishing Pinelands protections and they know what they speak about. In the 1970s, Governor Florio wrote federal legislation to establish the federal legislation for the New Jersey Pinelands National Reserve. He then served as the Chairman of the New Jersey Pinelands Commission from November 2002 to June 2005. The passage of the Pinelands Protection Act in 1979 occurred under Governor Byrne. During Governor Whitman’s terms in office she pushed for open space in the Pinelands.
“We applaud Governors Byrne, Whitman, and Florio for standing up to defend the Pinelands. These governors have written and implemented the Pinelands Act and are concerned about the future of the Pinelands. Not only will South Jersey Gas pipeline destroy environmentally sensitive land, threaten our water supply, but it will keep a polluting power plant called B.L. England. This plant will be the largest source of greenhouse gases in the region, despite the PJM grid operator modeling for its shutdown. By serving a power plant outside the Pinelands, whose gas will go into the grid and not serve people living in the Pinelands, this pipeline clearly goes against laws in place to protect the Pinelands. That is why it is important for the Court to overturn the decisions of the Pinelands Commission Executive Director and BPU to block this project from going forward,” said Jeff Tittel, Director of The New Jersey Sierra Club.
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Toni Granato Administrative Assistant New Jersey Sierra Club office:(609) 656-7612 https://www.facebook.com/NJSierraClub @NJSierraClub and @StopPilgrimNYNJ on Twitter