What's New at Eastern Environmental Law Center
Read how the media is covering cases and issues about EELC. You can search Google News for EELC stories by clicking here.
Oyster Creek Nuclear Generating Station
After an unprecedented battle waged over the course of nearly 4 years, on April 1, 2009, the United States Nuclear Regulatory Commission formally voted to relicense the nation's oldest atomic reactor, the Oyster Creek nuclear power station in Lacey Township, New Jersey. The rubber stamped license extension was awarded despite apparent violations and lingering questions regarding reactor owner Exelon's adherence to commitments to manage a severely corroded containment structure that is critical to the safe operation of the reactor. Stop The Relicensing of Oyster Creek (STROC), a coalition of national and New Jersey-based citizens groups represented by the EELC have formally challenged the relicensing before the agency since November 15, 2005. The NRC formally granted the license on April 9, 2009. The Coalition appealed the NRC's license renewal decision to the Third Circuit Court of Appeals. Briefs were filed early in 2010 and arguments took place in January of 2011. We await the Court's decision.
EELC and its clients continue to work with the New Jersey Department of Environmental Protection (DEP) officials who have been charged with addressing ongoing safety and monitoring concerns at the plant, in particular, the tritium leaks that are contaminating aquifiers. In May, the DEP issued a directive to Exelon requiring them to cooperate in an investigation of the leaks and subsequent clean up. The company will either move the pipes containing tritium above ground or encase them in concrete vaults to prevent future leaks.
Susquehanna-Roseland Transmission Line
On behalf of Environment New Jersey, Sierra Club - New Jersey Chapter, New Jersey Highlands Coalition, and New Jersey Environmental Federation, in June 2010, the EELC appealed the BPU decision determining that the proposed new 500kV transmission line running from the PPL-owned and operated Susquehanna Nuclear Generating Station in Pennsylvania to Roseland, New Jersey is "reasonably necessary for the service, convenience or welfare of the public." The first brief in the matter was filed in December. Our clients are concerned that the new transmission line will facilitate the generation of coal-fired power in Pennsylvania and other western states and defeat the significant greenhouse gas reduction, energy efficiency, and conservation measures that New Jersey has committed to pursue.
In July, PSE&G announced a 2-year delay in the project after meeting resistance from the DEP to its wetland permit application and a long delay at the National Park Service, which is required to develop and submit an Environmental Impact Statement (EIS) before issuing the needed construction and Right of Way permits necessary to build on park land. The draft EIS is due this year.
On February 3rd, EELC and EarthJustice filed a Motion to Reopen the matter at the BPU on behalf of our clients. To see the EarthJustice press release, link to:
Spectra Energy has filed a formal application to construct a 20-mile high-pressure natural gas pipeline from Linden, NJ through Staten Island, Bayonne, Jersey City, and Hoboken before crossing the Hudson River and connecting with existing lines in Manhattan. As this area of New Jersey and New York is densely populated and bears a disproportionate share of environmental burdens, the project raises significant concerns related to land use, water quality, air quality, cumulative impacts and environmental justice. The pipeline's proposed route will potentially impact over 200 known contaminated sites, 17 different water bodies, and over 40 wetlands, as well as some of New Jersey and New York's most disadvantaged communities. EELC has been working with a grassroots group based in Jersey City to raise awareness about the project and has filed a motion to intervene in the matter before the Federal Energy Regulatory Commission.
Liberty Natural Gas Proposal
Liberty Natural Gas, LLC filed an application in November with the Federal Energy Regulatory Commission to seek permission to construct an onshore natural gas pipeline designed to connect with a permanent liquefied natural gas (LNG) facility proposed to be built 16 miles off the coast of Asbury Park, New Jersey. The onshore portion of the pipeline will extend from Linden, New Jersey to the mean high water mark off of Perth Amboy, New Jersey and then connect with a proposed pipeline that will extend across the Raritan Bay. It will traverse some heavily burdened and densely populated towns in northern New Jersey, which will have a negative impact on one of our client's efforts to increase public access to the Raritan River Basin. The LNG project as a whole would present a significant risk to ocean habitat, contribute to climate change, increase our dependence on fossil fuels, and potentially damage our drinking water supplies. On November 16, 2010, EELC worked with an attorney from Clean Ocean Action to file a Motion to Intervene on behalf of Clean Ocean Action, Raritan Riverkeeper, Food & Water Watch, New Jersey Environmental Federation, and New Jersey Sierra Club in order to ensure that the environmental community's voice is heard throughout the FERC proceedings on the application.
The Ice and Iron Trail
EELC has played a leading role in initiating a project to convert an under-utilized rail corridor that runs from Montclair to Jersey City into a rail-trail. This right of way passes through Newark and links with the East Coast Greenway. The route could link Branch Brook Park in Newark with the Meadowlands and other open space in Hudson County. It could also provide sustainable transportation between churches, schools, and hospitals in Newark and the surrounding areas. This proposal has already gained the support of the municipalities along the route and recently the New York/New Jersey Baykeeper received funding from a major donor to further this initiative. Having gotten the ball rolling, EELC is now playing an advisory role.
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