newjerseynewsroom.com

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

The New Jersey Sierra Club has joined with other environmental and labor organizations in a lawsuit to oppose a new so-called "waiver rule" established by the state Department of Environmental Protection to help developers involved in construction projects.

“We believe that this rule is one of the biggest threats to the environment in the history of the Department of Environmental Protection,” Sierra Club President Jeff Tittel said Thursday. “We are going to court because this rule violates the Constitution, legislative intent and the Separation of Powers. Since the Waiver Rule is so vague and open-ended it will allow for abuse and political pressure from developers and polluters.”

Earlier in the month, DEP Commissioner Bob Martin announced the new waiver rule, effective Aug. 1, as a common sense move that gives the agency the flexibility to modify compliance with development rules in certain limited circumstances that do not compromise protections for the environment or public health.

Martin said the waiver process will be transparent, with all applications and actions posted prominently on the DEP's web site.

To apply for a waiver, a developer must demonstrate that at least one of four criteria is met:

• Public Emergency -- There is a public emergency that has been formally declared.
• Conflicting Rules -- Conflicting rules (between federal and state agencies, or between state agencies) are adversely impacting a project or activity from proceeding.
• Net Environmental Benefit -- A net environmental benefit would be achieved.
• Undue Hardship -- Undue hardship is being imposed by the rule requirements.

"A lack of flexibility can sometimes produce unreasonable, unfair or unintended results that actually undermine the goal the rule or requirement was intended to attain,'' Martin said. "This rule provides us with a modest measure of flexibility to manage special circumstances, but through a process that will be used under limited circumstances and with total transparency.''

Martin described that the waiver rule is somewhat similar to the municipal zoning variance process, allowing leeway to existing rules in certain, limited circumstances.

Tittel charges the DEP commissioner could waive virtually any section of any rule or approve permits even if they violate the law. He argues that undue influence by politically-connected developers and polluters could push through pay-to-play projects to the detriment of the environment.

“This is one of the worst rules ever adopted in New Jersey and is the broadest attack on environmental protections in 40 years,” Tittel said. “This is part of the (Republican financiers) Koch brother and polluter plan agenda across the country to get rid of environmental protections. This rule has nothing to do with New Jersey, but is part of Christie’s national agenda to sell off New Jersey’s environment to polluters and developers. We believe that the governor’s administration has overstepped their authority and what we consider is an abuse of power by taking the side of special interest over the people of New Jersey.”