Newark, Activists Launch Lawsuits In Attempt To Stop Power Plant

NEWARK, NJ — Two lawsuits have been filed this week in an attempt to stop a recently approved plan to build a new power plant in Newark.

The City of Newark and the Ironbound Community Corporation – a nonprofit community advocacy group based in the city – have launched separate lawsuits against the Passaic Valley Sewerage Commission (PVSC).

The commission voted to approve the construction of a new power plant at 600 Wilson Avenue in June. The New Jersey Department of Environmental Protection recently gave the commission permission to start construction on the plant.

The proposal is part of a resiliency blueprint that sprang up in the aftermath of Hurricane Sandy. During the infamous storm, the PVSC wastewater facility in Newark was flooded, spilling billions of gallons of raw or partially-treated sewage into the Passaic River. Read More: Superstorm Sandy Caused Flood Of Excrement In New Jersey 10 Years Ago

Since then, the agency has rolled out a sweeping series of renovations to avoid future calamities. Part of that plan includes building a plant at 600 Wilson Avenue, which would provide backup power to their wastewater treatment plant if the grid goes down.

The PVSC has maintained that the plant will use state-of-the-art emission controls and will have a “negligible impact to the community,” only being used as a backup when a storm cuts out power.

However, advocates say that the location of the proposed plant – within the immigrant-heavy Ironbound section of the city – is already saturated with sources of pollution, including New Jersey’s largest garbage incinerator, diesel fumes from thousands of container trucks, contamination from the Diamond Alkali Superfund site, numerous smokestacks and other “toxic refuse.” The area is also home to the largest county prison in New Jersey and a new federal immigrant detention center.

• See Related: The Color Purple: Newark Residents Fed Up With Incinerator Smoke
• See Related: Newark Activists Count Truck Traffic, Worry About Air Pollution

Critics include the Ironbound Community Corporation, which filed their lawsuit on Monday with legal aid from fellow nonprofit Earthjustice.

“The plant would sit next to the Ironbound neighborhood, where over 50,000 residents already live with three gas plants, a massive incinerator, and heavy diesel truck traffic from the port and warehouses,” a spokesperson with Earthjustice said.

Advocates outlined some of their concerns in a report released last May. View it online here.

On Tuesday, the City of Newark put some additional pressure on the PVSC when it filed a separate lawsuit challenging the power plant.

The lawsuit alleges that the commission ignored “overwhelming opposition” to the plan and potential alternatives when it awarded a $232.7 million contract for its construction.

Read the city’s lawsuit below, or view it online here (article continues underneath):

The PVSC has maintained that the plant will use state-of-the-art emission controls and will have a “negligible impact to the community,” only being used as a backup when a storm cuts out power.

Spokespeople have said the agency continues to explore clean energy alternatives for the facility, and is planning to integrate solar and batteries as part of the project. The agency said it is also working with Siemens – the manufacturer of the turbines that would be used to operate the facility – to transition the fuel used in the turbines from natural gas to a mixture of natural gas and hydrogen and then to 100% hydrogen. Read More: Sewerage Commission Defends Newark Power Plant Proposal, Cites Sandy

Critics remain skeptical, however.

The Ironbound Community Corporation released a renewed call to action ahead of the PVSC commissioner board meeting on June 12.

The nonprofit wrote:

“Doremus Avenue in Newark has long been known by a darker name: ‘Chemical Corridor.’ Industrial facilities, warehouses, waste processing plants, and power infrastructure line the street and stand as a reminder of New Jersey’s legacy of environmental injustice. For decades, this stretch of land has shouldered the weight of the state’s industrial growth, but at a devastating cost to nearby residents. The Ironbound is one of the most heavily polluted zip codes in New Jersey. It bears the brunt of much of the pollution in Newark. This is the daily reality for thousands of families who breathe in dirty air, drink contaminated water, and live in constant proximity to toxic exposure. Our community is forced to contend with sky-high asthma rates, rampant respiratory issues, and chronic health conditions that cut lives short.”

“From flooding and extreme heat to toxic air, the people of Ironbound are already feeling the climate crisis firsthand,” the group continued.

“Asking them to bear more pollution is not just indefensible, it's immoral,” the ICC asserted.

According to the nonprofit, more than 1,000 letters have been sent to the PVSC board of commissioners demanding a halt to the project.

• See Related: No New Power Plant In ‘Chemical Corridor,’ Newark Residents Demand
• See Related: NJ Sewerage Commission Has New Chair For First Time In A Decade

Several local officials from Newark have gone on record in opposition to the plan, including Mayor Ras Baraka, New Jersey Sen. Teresa Ruiz and Newark East Ward Councilman Michael Silva.

Meanwhile, more than a dozen towns, cities and government boards have passed resolutions or issued statements against the plant. The list includes: Newark, Kearny, Hoboken, Jersey City, Livingston, Maplewood, Secaucus, West New York, Union City, Bayonne, Weehawken, Alpine, the Essex County Board of Commissioners, the Bergen League of Municipalities, and the Hackensack Meadowlands Municipal Committee.

• See Related: Power Plant In Newark Ignites Another Protest From Outraged Residents

ENVIRONMENTAL JUSTICE LAW

A major rallying point for activists has been New Jersey’s landmark environmental justice law, which they allege that the plant would violate. Read More: NJ Activists Hope For 'Turning Point' With Environmental Justice Law

Under the law, an "overburdened community" must have at least 35 percent of households that are low-income, 40 percent of residents who are minorities or belong to a state-recognized tribal community, or 40 percent of households that have limited English proficiency.

The NJDEP designates the Ironbound section of Newark as an overburdened area because it has a high percentage of low-income and minority residents.

However, the NJDEP recently announced that the state will allow the plan to move forward, with Commissioner Shawn LaTourette saying the facility will be taking measures to reduce its environmental footprint, including better pollution controls on boilers that treat sewage sludge, replacing older equipment, and installing more solar panels and batteries. He added that there will be “no disproportionate impact” on minority communities. Read a memo about the decision here.

• See Related: Controversial Power Plant In Newark Can Move Ahead, Official Says

Several New Jersey state lawmakers who represent the area criticized the NJDEP's announcement, including Sens. Teresa Ruiz and Renee Burgess, and Assembly members Eliana Pintor Marin, Shanique Speight, Cleopatra Tucker and Garnet Hall.

“The NJDEP's approval of the PVSC power plant in the Ironbound neighborhood is an indefensible and hypocritical decision that blatantly violates New Jersey’s Environmental Justice Law,” Ruiz recently said.

“The people most affected by this act will bear the health and psychological brunt, particularly the children who reside in these neighborhoods, unlike the decision-makers who remain comfortably detached from the consequences of their shocking and reprehensible actions,” the senator added.

Pintor Marin called the decision “deplorable.”

“Newark, designated as an overburdened community by the DEP, faces numerous environmental and public health challenges,” the assemblywoman said. “The East Ward, in particular, bears the brunt of these issues, with some of the highest asthma rates in children nationwide.”

In Newark, it is estimated that one in four children has asthma, far outpacing the national average of one in 11.

The city council member who represents the area – East Ward Councilman Michael Silva – has also blasted the state’s decision.

“As a lifelong resident of the Ironbound and a cancer survivor, I am appalled at the complete disdain the PVSC and the NJDEP has shown to the concerns of this community,” Silva said.

• See Related: Put The Brakes On Power Plant In Newark, 20 NJ Lawmakers Say

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