New
Jersey’s environmental and energy policies are headed in a precise, new
direction under Governor Phil Murphy. In fact, following his election in
November, Governor Murphy set a series of policy goals, which include: (1)
enhancing usage of clean energy; (2) combating climate change; (3) addressing
environmental hazards that disproportionately impact low-income communities and
communities of color; and (4) safeguarding New Jersey’s natural resources.
Governor Murphy also formed a committee to advise him on environmental issues
as he prepared to take office. This committee wasted little time and, on
January 1, 2018, published an extensive report (the “Environment and Energy
Report”) that provides recommendations for achieving Governor Murphy’s
environmental and energy goals. In the short time since his inauguration,
Governor Murphy has begun to implement these recommendations through executive
orders and key appointments to the NJDEP. As New Jerseyans and the regulated
community wait to see what this means for them, the Environment and Energy
Report and Governor Murphy’s actions to date may shed some light on what lies
ahead.
As noted above, the Environment and Energy Report covers many
topics. During his campaign, Governor Murphy focused on promoting the use of
clean energy, and the Environment and Energy Report specifically identifies a
goal of achieving 100% clean energy by 2050. Members of the New Jersey
Legislature, including Senators Bob Smith and Richard Codey and Assemblyman Tim
Eustace, have been discussing similar goals in connection with proposed
legislation but, notably, some of this legislation has set its sights on
achieving 100% clean energy usage by a much earlier date, perhaps even as early
as 2025. The Energy and Environment Report also contains a multitude of
specific recommendations for enhancing usage of clean energy including, among
others, revising New Jersey’s Energy Master Plan, updating building codes, and
removing restrictions placed on the solar power market by former-Governor Chris
Christie. The executive summary of the Environment and Energy Report also
suggests that the centerpiece of New Jersey’s clean energy future is offshore
wind, and Governor Murphy appears to have adopted this recommendation as
evidenced by the passage of one of his first executive orders, which directs
various state agencies to collaborate on the planning and implementation of
“offshore wind projects for the generation of 1,100 megawatts of electric
power, the nation’s largest such solicitation to date.” It will be interesting
to see how the implementation of this project progresses, as it will involve
significant logistical issues and the intersection of numerous State and
federal laws.
The Environment and Energy Report also focuses on “safeguarding”
New Jersey’s natural resources through a variety of activities, including
reconsidering recent revisions to environmental regulations, ensuring public
access to beaches, promoting smart growth, and supporting the listing of the
Hackensack River as a Superfund site. For instance, the report specifically
suggests that Governor Murphy direct the NJDEP to reconsider recent revisions
to regulations impacting the waters of New Jersey. The Environment and Energy
Report also recommends that the Governor and the NJDEP conduct a thorough
review of New Jersey’s Licensed Site Remediation Professionals (“LSRP”)
program, which allows private, licensed consultants to supervise the
remediation of contaminated sites. The report does not advocate for the
elimination of this program, as some had feared, but it does suggest that there
is room for improvement to ensure public health is protected and to make the
program more efficient. New Jersey Legislators and interested stakeholders
already had been discussing improvements to the LSRP program prior to Governor
Murphy’s election, and these talks are expected to result in proposed
legislation in the coming year. Separately, the Environment and Energy Report
also previews a potential shift in policy relating to Natural Resource Damages
(“NRD”), recommending that the State “aggressively pursue” NRD cases to
compensate for the loss of natural resources as a result of contamination and
to direct monies for restoration of affected communities.
In order to carry out some of these goals, Governor Murphy has
nominated Catherine McCabe as the Commissioner of the NJDEP. McCabe is a
veteran public administrator and environmental lawyer who has spent more than
twenty years working on environmental issues at the federal level for the
United States Department of Justice and Environmental Protection Agency. Debbie
Mans, a veteran environmental advocate and lawyer who most recently served
as the head of NY/NJ Baykeeper, a water rights group focusing on the NY/NJ
Harbor, has been tapped as Deputy Commissioner.
Governor Murphy and his appointees will shape the future of New
Jersey’s environmental and energy policy over at least the next four years. The
topics discussed in the Environment and Energy Report, including the examples
noted above, suggest a new direction for New Jersey, as well as the potential
for expansion of environmental regulation and enforcement activities.
For more information, please contact any attorney in our Environmental Practice Group.
