May 4, 2020

TRENTON, NJ (MERCER)–Attorney General Gurbir S.  Grewal and Department of Environmental Protection Commissioner (DEP) Catherine R. McCabe announced today that New Jersey has filed suit to stop EPA from enacting a rule that eliminates long-standing federal protections for many wetlands, fresh water resources and coastal waters in New Jersey, in neighboring states and across the country.

Scheduled to take effect on June 22, the Administration’s final “Navigable Waters Protection Rule” was issued jointly in January of this year by the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers. The rule significantly narrows the scope of waters subject to federal regulation under the Clean Water Act (CWA), and is an effort by EPA to roll back water quality protections clarified and fortified under the Obama Administration’s Clean Water Rule of 2015.

Filed in U.S. District Court in California, the multi-state lawsuit seeks to have the new EPA rule rescinded because it conflicts with the plain language of the Clean Water Act, U.S. Supreme Court precedent, and the EPA’s own scientific findings.

“It has never been more important to protect our environment, which has a direct link to the health of our residents,” said Attorney General Grewal. “But EPA is doing just the opposite, rolling back critical rules that protect our waters. This rule is yet another example of EPA disregarding the law and placing industry over our natural resources, and we are committed to fighting it in court.”

“New Jersey’s wetlands, fresh water resources and coastal waters are invaluable parts of New Jersey’s ecosystem and way of life,” said Commissioner McCabe. “We strongly oppose any threat to New Jersey’s water, including EPA’s final Navigable Waters Protection Rule. I am proud to join with Attorney General Grewal and California, New York and other states in opposition to the new rule.”

In February of this year, the EPA’s own Science Advisory Board (SAB) sent a memo to EPA Administrator Andrew R. Wheeler advising that the new Navigable Waters Protection Rule “does not incorporate the best available science” and does not appear to be consistent with the goals of the Clean Water Act.  As the SAB explained this rule “lacks a scientific justification, while potentially introducing new risks to human and environmental health.” EPA moved ahead with finalizing the rule anyway.

As a result, this lawsuit – filed on behalf of New Jersey and 18 other states – challenges EPA’s decision to exclude certain streams and wetlands from the “Waters of the United States” covered by the Clean Water Act. The lawsuit explains that the new rule will harm more environmentally friendly states by increasing the risk of pollution coming in from less protective jurisdictions, will disrupt state-level regulatory programs and will incentivize certain operators to relocate to states with less stringent water quality rules.

The lawsuit explains that the rule is unlawful under the Administrative Procedure Act (APA) because it lacks a reasoned explanation or rational basis for departing from long-standing policy and practice, and explains that it also fails to comply with controlling U.S. Supreme Court precedent.

As part of the multi-state legal challenge, New Jersey intends to provide the court with a declaration from DEP asserting that the rule will irrevocably harm vital waters and wetlands in the state – wetlands and waters relied upon for drinking water, wildlife habitats, agriculture and recreation, among other things.  

Indeed, the rollback of CWA protections will have a direct impact in the state. While New Jersey has strong laws and regulations to protect its wetlands and waters, they do not exist in a vacuum, and EPA’s rollback means that greater pollution will flow downstream into state waters from adjacent states.

The rollback poses a threat to important wildlife in New Jersey such as certain waterfowl, fish and shellfish. In addition, the harm done to wetlands could put more lives and property at risk in the future, because wetlands are an integral component of flood abatement and coastal storm damage mitigation.

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May 4, 2020

After some discussion MidJersey.news has decided to post the “tape” of the meeting so readers can hear what was said exactly. Warning MidJersey.news finds this highly offensive and discretion is advised.

The meeting can be heard here, WARNING CONTAINS FOUL LANGUAGE INCLUDING PROFANITY AND SLURS DISCRETION ADVISED

TRENTON, NJ (MERCER)– See yesterday’s story “After anti-LGBTQ Attacks Against Trenton Mayor, Garden State Equality Calls For Councilwoman Robin Vaughn To Step Down”

Please see below for Mayor W. Reed Gusciora’s statement regarding the May 2^nd council briefing call.  

“I do regret interacting with Robin Vaughn on Saturday’s COVID briefing call with Trenton City Council. She has had a history of causing disruptions at Council meetings and attacking other decent people, based on their religion or ethnicity, who want to move our City forward. She has also remained steadfast in her opposition to economic development or any other sign of progress for our City.” 

“Vaughn has been relentless in her attacks of members of my Administration and regular City workers trying to do their jobs. She is in violation of a Court Order for her to refrain from such conduct. The prior pass given the Councilwoman for her anti-Semitic comments begs the question, “when is enough?”” 

“However, my frustration became especially palpable on the briefing call when Councilwoman Vaughn made the assertion that federal grant dollars were going to “do-nothing” organizations. Among them were Homefront, Catholic Charities, the Rescue Mission and the Trenton Health Team. I took this personally because I know first-hand the hard work these organizations have been undertaking in the response to COVID-19. They provide healthcare, rental support, food access, emergency shelters, and a whole litany of other critical needs.” 

“Government leaders at all levels will disagree on the best course of action, and sometimes emotions can get the best of us. But Councilwoman Vaughn chose to launch into a vitriolic attack full of homophobic slurs, false accusations, and hateful comments. This was beyond the pale. The toxic and harassing language used by the Councilperson has no place even in the most heated of arguments.” 

“The City is facing difficult decisions regarding the path forward in the face of a global pandemic. I am putting my focus and energy towards figuring out solutions to our challenges. As I have always done, I will continue to work with those members of the City Council that want to advance initiatives that benefit the citizens of Trenton. We simply do not have time for those that refuse to consider the collective good.” 

“My actions have always spoken louder than my words, and my actions have been and will be to work tirelessly on behalf this City. It is time for an end to the divisive and disruptive behavior of Councilwoman Vaughn” 

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May 4, 2020

TRENTON, NJ (MERCER)–Governor Phil Murphy has said school buildings will remain closed for the rest of the school year for in-person instruction and remote online learning will continue. Read Governor Murphy’s statement below:

ALL SCHOOLS WILL REMAIN CLOSED for in-person instruction for the remainder of the school year – to protect the health of our children, our educators, and their families. Guided by safety and science, this is the best course of action.

We’re working with the principle that public health creates economic health – or in this case, educational health.

If the standards are high to reopen our workplaces are high, they are even higher when it comes to schools filled with our children.

As the father of a high-schooler who has been attending classes remotely for nearly two months, I understand the concerns of both parents and school leaders.But, for us to ensure that we can undertake a responsible restart and recovery, this step was necessary.

The New Jersey Department of Education will be leading stakeholder meetings to determine whether summer educational or other programs offered at our schools may proceed. They will also conduct this same rigorous work regarding the opening of our buildings for the 2020-2021 school year in September.

#BREAKING: ALL SCHOOLS WILL REMAIN CLOSED for in-person instruction for the remainder of the school year – to protect the health of our children, our educators, and their families.

Guided by safety and science, this is the best course of action. pic.twitter.com/PI5xFxPlVZ

— Governor Phil Murphy (@GovMurphy) May 4, 2020

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May 4, 2020

TRENTON NJ (MERCER)–No updates in a Saturday afternoon shooting in Trenton NJ. The shooting occurred around 2 pm in the 1st block of Asbury Place with a reported male shot in the stomach. The male was transported to Capital Health in Trenton with a “Trauma Alert” called. No further information is available.

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