Renewable Energy Production Expands In Spite of Propaganda -
NJEL is frequently asked why renewable power is not used more widely. Why aren’t more of those warehouse roofs outfitted with solar panels? What happened to the planned wind farms off the coast? In fact, there has been more investment in renewable energy than most of the public realizes. The rhetoric and Executive Orders emanating from the White House are alarming and even depressing for those who recognize the reality of global warming. So, we thought that it is time for some good news about the increasing use of renewable energy across the country. There is hope for environmental rationality in spite of irrational politics. We can’t retreat. Read on for some FACTS.

For years political allies of the fossil fuel industries have facilitated extraction and tried to discourage renewable energy development. They insist that renewable fuels are not economically viable. Ironically, the “invisible hand” of the marketplace, regularly used to justify anti-consumer, antienvironment measures, is waving aside those claims. The first article provides a synopsis of recent activity in the offshore wind industry in New Jersey. The second describes just a few of the hundreds of significant solar energy projects across the country.

Offshore Wind - by Chris Ohleth
After more than 20 years of successful offshore wind development in Europe, offshore wind power has finally arrived in the United States. The Block Island Wind Farm is generating power off the coast of Block Island.

Developed by Deepwater Wind, it is the nation’s first offshore wind energy project. It is a demonstration project in that it is relatively small in size, comprised of five 6-MW turbines located just under three miles from the southeast coast of the island.

With a need for additional energy in the crowded urban areas along the I-95 corridor, more offshore wind projects would be of great benefit to the region. Not only is the additional energy needed now that most things we use plug in at some point each day. In addition, offshore wind farm development, construction, and maintenance requires that scores of local new jobs be created to support a entirely new industry for the region. Ports will be revitalized and skilled laborers will be paid well for trade and manufacturing jobs. Our economy can’t afford to miss these opportunities.

New Jersey lawmakers passed the Offshore Wind Economic Development Act in 2010, including an enthusiastic signature from Governor Chris Christie. Passing that Act was the culmination of a tremendous amount of support and research in and by the state up until that point. Unfortunately political forces have been at play over the past six years and no projects have been approved under the auspices of that Act to date.

A new year brings new hope for the state of offshore wind energy in New Jersey. Proposed projects will give New Jersey the opportunity to be a leader in offshore wind. Indeed with a gently sloping offshore shelf, consistent and strong offshore winds, and a huge demand for power, New Jersey is a sweet spot for offshore wind development.

Fishermen’s Energy Project -
Fishermen’s Energy, a New Jersey-based company, is a developer of offshore wind energy projects. Fishermen’s Energy was founded by commercial fishermen to “respond to the public’s need to develop the ocean for renewable wind energy”. Its goal is to develop clean energy while maintaining a vibrant commercial fishing industry. It has been an active player in offshore wind in the state for nearly a decade. Fishermen’s Energy is proposing to build a small offshore wind farm about 3 miles off the coast of Atlantic City called the Fishermen’s Atlantic City Wind. The project has secured all of its state and federal permits to construct the project and received a huge boost when the project was selected to receive a $47 million grant from the US Department of Energy.

However, in December of 2016 Fishermen’s Energy lost its DOE grant award. According to DOE’s press release, “Under the Energy Department’s award, Fishermen’s Energy must have secured a power offtake agreement by December 31 to be eligible for another round of funding. The criteria were not met by that date, so we have initiated the close-out process for the project.” Fishermen’s Energy told the Associated Press that the company would continue working with the DOE in search of a power purchaser, and look toward a new state administration in 2017.

New Jersey Wind Energy Lease Sales -
In November 2015, there was an auction for two offshore wind sites off the coast of New Jersey for 344,000 acres. That area, if fully developed according to an analysis prepared by the U.S. Department of Energy’s National Renewable Energy Laboratory, could support about 3,400 megawatts of commercial wind generation, enough electricity to power about 1.2 million homes. The two winners were DONG Energy (the southern area) and U.S. Wind (the northern area) (see figure of offshore lease areas).

There are no immediate development plans for these areas since the financing mechanism associated with the Offshore Wind Economic Development Act has not yet been established by New Jersey’s Board of Public Utilities. It is unlikely that such a mechanism, which is required to finance a utility scale project, would be enacted until the Christie Administration leaves Trenton next year. Once a financing mechanism is established, developers will have certainty that their projects will be financially sound.

On a positive note, the Business Network for Offshore Wind opened a chapter in New Jersey in 2016. They hosted their first offshore wind event in New Jersey in February 2017 and plan to use the power of unifying the supply chain and the business community to move offshore wind forward in the state.

Solar Energy Advances - by Dennis Poole
What was unusual, and even unwelcome in some New Jersey communities, is now commonplace. We are accustomed to photovoltaic panels on roofs and parking lot canopies, collection panels on PSEG’s electric poles, and solar arrays on closed landfills. From New England to Oregon and from Florida to California, there are similar scenes. Of the renewable energy projects described in each issue of the alternative energy magazine “EnerG,” most are solar. Private sector companies, public authorities, and educational institutions have installed solar powered energy systems. In spite of President Trump’s rantings about re-opening coal mines and producing electricity with coal, electric utilities are some of the biggest developers of solar energy. Public Service Energy Group’s repurposing of landfills and brownfields for solar power projects is highly visible in New Jersey. The energy behemoth Duke Energy is still touting “clean coal,” but is also expanding the amount of renewables in its portfolio. By 2016, Duke was generating over 2 gigawatts (that’s 2 BILLION watts) of renewable energy in twelve states, much of it solar. In the State of Hawaii, the Kauai Island Utility Cooperative generates 20% of the island’s electricity with a photovoltaic system. The Hawaiian archipelago has no petroleum resources; all petroleum products must be imported, contributing to the high cost of living on the islands. The solar project will avoid the import of 1.7 million gallons of oil annually. Statewide, the seven inhabited islands generate about 21% of their electricity from renewable sources—solar, wind, and biomass. In 2015, the Hawaii State Legislature enacted a law that sets a goal of 100% renewable electricity by 2045.

While Donald Trump is resisting the move away from fossil fuels, the military that he commands has been using renewable energy for years, and is on its way to meeting a goal of 3 GW by 2025. In his first term, President Obama tasked each of the three service branches with converting 1 GW of power to renewables. The Navy has already met its goal. Hundreds of military bases use a variety of renewable modes, and hybrid engines on ships reduce the consumption of petroleum fuels at sea. One quarter of the electric power at Fort Huachuca, Arizona, is solar-generated, avoiding approximately 58,000 tons of CO2 annually at that site alone. Whatever the objections to military interventions, the fact is that the use of renewable power instead of fuel convoys in the field has reduced the vulnerability of both military and civilian populations to hostile attacks and accidents. President Trump has made it clear that he views NATO as a ledger of debits and credits for military spending. He is apparently unaware that NATO’s research for mobile renewable power has been applied in responses to natural disasters and humanitarian crises.

Proponents of fossil fuels insist that renewables are not economically viable, but the investment decisions refute that. Not only are private sector companies devoting capital to solar power, but many of the projects undertaken by the Department of Defense are investment partnerships with conventional electric utilities, legacy companies like Honeywell, and alternative energy companies like Sunenergy1 and SunPower. Publicly held companies as diverse as Walmart, Johnson & Johnson, Kohl’s, and Lockheed Martin, always aware of their net profit lines, have invested in solar systems. Lockheed Martin now operates the largest private solar array in Florida. Privately held companies have done the same. 90 per cent of Ikea’s U. S. locations generate power with rooftop solar panels and in 2016 Ikea’s Las Vegas store became the host of the largest retail solar array in the state. Outdoor equipment retailer REI and clothing retailer Forever 21 have made substantial investments in solar power at their locations across the country.

Even in Texas, the state most closely identified with the oil industry, solar power is a growing segment of electricity generation. CPS Energy, the electric utility owned by the city of San Antonio, is completing the last phase of the largest solar project in Texas. The “Alamo” project is a 400 MW project composed of seven photovoltaic stations in different areas in the Greater San Antonio area.

FACTS: Regardless of rhetoric, the share of coal as a fuel in the U. S. is at its lowest point ever. Jobs? There are now about 70,000 coal miners, while there are 650,000 jobs related to renewable energy. Coal mining jobs peaked in the 1920’s and have been declining ever since, much of it due to mechanization. Regulations are only one factor. Others are “played out” mines, the prices of competing fuels, particularly natural gas, and worldwide demand, which is flat.

Legislative Update -
With attention focused first on the Presidential campaign and then on the aftershocks, there were few legislative victories as 2016 became 2017. There were some positive developments, however, that will benefit New Jersey for many years into the future. One gives voters the chance to reverse a diversion of public funds from their purpose. Under New Jersey’s current law, no matter how much money the State wins in natural resource damages from corporate polluters, there is a cap on the amount that must be used for restoration. The State can divert the rest of the money to completely unrelated projects or use it to cover budget shortfalls.

In December, the NJ Assembly and the Senate passed ACR127 and SCR39, respectively, that would establish a dedicated fund for natural resource damages recovered by the State. Funds could be used only “to repair, replace, or restore damaged natural resources,” or to “preserve the State’s natural resources.” Restricting revenue to a particular use must be authorized by the New Jersey Constitution. Such a constitutional amendment must be approved by voters in a general election, as was the case with dedicating a portion of the gas tax to land preservation. To become a ballot question, concurrent resolutions must be approved by a simple majority in each chamber twice, or by a three fifths majority in a single legislative vote. The votes on ACR127 and SCR39 met the latter threshold, so the question will appear on the ballot in November 2017. For years, New Jersey communities have been denied the environmental restoration that was due them. In the state that has the highest concentration of contaminated sites and a legacy of pollution, it is important that that the ballot question be approved.

Win #2—S981 - An important new law received very little fanfare, probably because the problem it addresses is largely invisible to the public. It is very real to the municipal officials responsible for waste management, to municipal budget managers, and to confused consumers who have been trying to do the right thing. The “Electronic Waste Management Act,” passed in 2007, required recycling of certain electronic devices, rather than disposal in landfills. For years consumers snapped up every new device, Discarded cell phones, computers, and TV’s, and the hazardous materials they contained, proliferated in the waste stream. The 2007 measure was not ideal, but in view of industry opposition, it was a breakthrough. As prices for commodities and minerals fell after the 2009 economic crash, however, the value of reclaimed materials also fell. Manufacturers cut back on their recycling programs, invoking the law’s language as a ceiling on the responsibility they had—devices “returned.” Counties and municipalities had no places to dispose of the “e-waste” and cut back on their collection programs. The 2016 law changes the responsibility to a more realistic measure—market share in weight. It also adds printers and fax machines, a significant volume of e-waste, to mandatory recycling. This was a bipartisan achievement, with sponsors and co-sponsors from both parties. Although Governor Christie had subjected it to a pocket veto after the November election, he signed the resubmitted bill, in a victory for local governments, taxpayers, and the environment.

Environmental Progress Crashing with the Election? -
On November 26, 2014 Coral Davenport, the New York Times Correspondent for Energy and Environment wrote “President Obama could leave office with the most aggressive, far-reaching environmental legacy of any occupant of the White House.” For the next two years, he continued to expand that legacy, even though special interests resisted. The majority in Congress refused to act against the continuing threats from air pollutants and global warming. In the absence of legislative action, the Environmental Protection Agency (EPA) used the empowerment of the Clean Air Act to enact regulations on carbon dioxide, particulates, and methane, among other pollutants.

The Obama Administration also proceeded to protect ocean and coastal resources from expanded oil and gas drilling. In early 2016, the Bureau of Ocean Energy Management (BOEM) cancelled the sale of oil leases off the Atlantic coast and in the Arctic. On December 20, President Obama went further. He invoked the 64-year old Outer Continental Shelf Lands Act (OCSLA) to protect 3.5 million acres of seabed off the Atlantic coast and 115 million acres in the Arctic Ocean. While described in the media as “little known,” the OCSLA was used by Presidents Eisenhower, Nixon, and Clinton. President Eisenhower used it to protect the Florida Keys, an action that was never challenged. President Obama used it in 2014 to protect Alaska’s Bristol Bay. The action in reference to the Atlantic is particularly notable because it protects 31 ocean canyons from New England to the Chesapeake Bay. These canyons are home to commercial fish species, as well as whales, sponges, crabs, and corals.

There was still an element of protection missing in the Atlantic. The permitting process for exploration with seismic airgun testing was still underway. The advocacy group OCEANA, which led the opposition to offshore drilling, continued to lobby for an end to SAG. The powerful blasts of SAG disrupt the survival and reproduction activities of marine animals, particularly the whales and dolphins that communicate with each other through sound. Where seismic airguns operate, fish catches have decreased. On January 6, BOEM acted to protect marine wildlife by denying all permits for Atlantic sites.

Will these measures withstand President Trump’s attacks? Based on the Executive Orders of the first two months of his administration, it doesn’t look good.

On March 24, the U. S. State Department approved the Keystone XL pipeline, which crosses the U. S.–Canadian border. A court challenge to the Dakota Access Pipeline has been rejected and that completed pipeline may be carrying oil by the time this newsletter is published. President Trump is determined to roll back the elements of the Obama Administration’s Climate Change Plan, including limits on greenhouse gas emissions from power plants and methane emissions at wells. While some people like Senator Murkowski of Alaska insist that President Trump will reverse the OCSLA protection of the Arctic and the Atlantic Oceans, the President himself has said comparatively little about it. Given his rhetoric and actions so far, reversal would seem likely.

Not so fast. There are obstacles to carrying out his various executive orders—chief among them the fact that a Presidential Executive Order cannot invalidate a LAW like the Clean Air Act. There are arguments for and against a President’s ability to reverse a predecessor’s action taken under the OCSLA, because of the language of the Act. Some argue that the Act itself would have to be changed, while others say that an action taken by George W. Bush proves a protective order can be undone. During the dramatic “permitting” of the Keystone Pipeline, there was no mention of the fact that various local permits must be secured, including from the State of Nebraska, where environmentalists, farmers, and Native American tribes are allied against it. National environmental groups have stated their intentions to take legal actions against rollbacks. Indian tribes are expected to continue their court appeals of the operation of the Dakota pipeline. The bipartisan opposition of Congressional delegations and local communities from Georgia to New York has not gone away, even among Republican politicians who supported Trump.

What is NJEL going to do here in New Jersey? NJEL will keep its members apprised of developments and how they can communicate with legislators and oppose anti-environment measures. (read about our Executive Director’s recent activities, below). NJEL has committed to work on the state and local levels to support OCEANA’s strategies for protecting the Atlantic coast. Watch for NJEL newsletters and alerts, and follow Executive Director Noemi de la Puente’s Facebook postings (New Jersey Environmental Lobby) and Tweets (@NJEnvLobby) or visit www.njenvironment.org. NJEL’s education arm, the Environmental Education Fund, is also expanding its documentary film screenings to combat misinformation about climate change, pollution, and threats to the marine environment.

Who are those NJEL members? An occasional feature about our members. Imagine our surprise -
To see a familiar face smiling at us from the gift planning newsletter of the Southern Poverty Law Center (SPLC). Sure enough, it was NJEL member Daniel A. Harris, featured in SPLC’s gift planning newsletter as a “Partner for the Future.” After contributing for decades to one of the nation’s most effective legal advocacy organizations, Daniel established a charitable annuity for the benefit of SPLC, as well as a bequest. Daniel is a longtime and valued member of NJEL. He brought the plastic bag pollution issue to NJEL, initiating our dogged pursuit of legislation, and he put us in touch with Princeton activists. Daniel’s first phone call to NJEL about plastic bags is still reverberating. The individuals he brought to NJEL are now leading the NJEL/EEF education campaign that is reaching people not only in New Jersey, but also in other states. Daniel is a retired professor, a published poet, and an advocate for environmental and civil justice. He combines his talents and his societal interests in poetry readings, frequently for the benefit of local environmental organizations. Visit www.danielharrispoet.net and www.splcenter.org.

Where has Noemi been? -
On January 21, NJEL Executive Director Noemi de la Puente joined others from New Jersey at the Women’s March in Washington. Next, Noemi conducted a workshop for members of a local chapter of “Indivisible,” explaining New Jersey’s legislative and regulatory processes as they relate to environmental issues.* Noemi attended the Highlands Council meeting to support the NJ Highlands Coalition’s opposition to septic density rules proposed by the Christie administration. Back at her office, Noemi wrote letters to Senators Menendez and Booker, stating NJEL’s opposition to the appointment of Scott Pruitt as Environmental Protection Agency Administrator. Noemi believes that during the current assault on national environmental protection, it is not enough to communicate with State legislators on issues within New Jersey borders. Destructive national policies have to be addressed because they eventually affect states. Next stops, again with fellow New Jerseyans—the March for Science and the People’s Climate March. *Call NJEL at 609-458-7058 if you are interested in such a presentation.


REMEMBER!

The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws!

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