- updated August 4, 2005

FAST TRACK VICTORY!
Codey Extends Fast Track Moratorium!

Acting Governor Codey signed an Executive Order (EO) on July 12, 2005 further delaying implementation of the fast track law! NJEF would like to thank all members and activists who took the time to make a phone call, write a letter or send a fax on this issue! We couldn't have done it without your help!

McGreevey's first EO delaying fast track implementation was set to expire at the end of last week, when the state departments would have been expected to have their rules issued. Under Codey's new EO, the time period is undefined, but it does require all departments to have their rules final before implementation can start. It also restricts implementation of fast track unless and until EPA formally signs off on rules. This is good because we always said compliance with EPA and other federal regulations was impossible.

We've urged you many times over the past year to take action on this issue. Your efforts have resulted in two Executive Orders delaying implementation of the law and 60 bi-partisan legislators signing on to a bill to repeal the law! I'd say that's a tremendous victory and shows what the power of a phone call and letter can do!!

While fast track is on hold, it is not entirely dead. We need to ensure the two gubernatorial candidates, Corzine and Forrester, campaign for fast track’s repeal and that legislators sign on as co-sponsors of the fast track repeal bill. We also need to thank Acting Governor Codey for signing the executive order delaying fast track implementation. Please read on to take action!

TAKE ACTION TO RESTORE PUBLIC HEALTH and ENVIRONMENTAL PROTECTIONS!

Tell NJ Leaders to Repeal Fast Track!

• Threaten public health and safety - From roads and toxic waste site clean-ups to discharge of radioactive and chemical weapons waste into state waterways and security at the state's high risk chemical plants in a post 9/11 world, the scope of permit programs included in this law will certainly put our health and safety at risk.
• Silence the public—the bill's 45 day timeline prevents meaningful public participation and prevents local review just as the legislative process did. Local environmental commissions and planning boards will have very little time to provide local information on permit applications.
• Force municipalities to approve bad projects and take away home rule – Developers will apply to planning boards with all state permits in hand, putting pressure on the municipality to approve projects or zoning changes. Further, municipalities often don't have the authority to reject bad projects and rely on state agencies who have the authority to do so but Fast Track hamstrings these agencies from doing so.
• Increase sprawl—DOT and NY/NJ Port Authority projects will get expedited DEP permit review and will certainly lead to more sprawl, less cohesive planning, and less community involvement -- hardly "smart growth".
• Extend sewers without any local approval—Water Quality Management Plan amendments will be automatically issued as permits by rule without any municipal input, allowing developers to lay sewer lines and tap water supplies in areas not zoned for growth.
• Allow developers to Pay to Pave -- Permittees can hire consultants to write and approve their applications without appropriate government oversight. There are no ethics provisions and the consultant can be the brother or employee of the permit applicant. Talk about the fox watching the hen house!
• Close the courthouse doors to the people, the state and the environment—Polluters can appeal permit decisions to the Office of Administrative Law but the public and the state cannot. The presumption of validity is shifted away from the state agency to make it easier for the polluter to get a permit denial overturned. The judge's decision is final -- it cannot be appealed.
• Establish two classes of citizens – The law subjects residents of smart growth areas to weaker oversight and ignores the constitutional requirement for equal protection for residents from different areas of the state. Further, wealthy developers get fast-tracked while Mom & Pop builders get further sidetracked.
• Violate the state constitution and federal law—Violates federal Clean Water Act agreements and the public's right to due process. The EPA, US Fish and Wildlife Service and NOAA have expressed concerns that this law may jeopardize federal delegation and funding of programs.
• Give the State power to unilaterally designate Smart Growth Areas—The DCA, DEP and Ombudsman can arbitrarily designate areas for growth, essentially condemning land for redevelopment. This essentially guts home rule and undermines local zoning and planning.
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