From Kyle Johnson of GT Philadelphia:

On Monday, the New Jersey Senate passed a bill prohibiting the state and its waste facilities from treating, discharging, disposing, or storing wastewater from out-of-state hydraulic fracturing operations.  Hydraulic fracturing, commonly known as fracking, creates liquid and solid waste byproducts when natural gas is mined by injecting water, sand, and chemicals into shale rocks. New Jersey legislators were spurred on by New Jersey’s proximity to Pennsylvania where fracking has become prevalent. Pennsylvania sends portions of its wastewater to other states, including New York. New York is also currently considering allowing fracking in the state.     

A one-year moratorium on fracking is already in place in New Jersey. The state legislature attempted to ban fracking in the state last year. However, the bill was vetoed by Governor Christie who instead imposed the one-year moratorium on fracking pending further study of the issue.

Supporters of the bill feared waste from increased fracking operations across the country would find its way into New Jersey and worsen environmental conditions in a state that already has thousands of polluted sites.  The bill was opposed by the New Jersey Petroleum Council which said the ban only curbs innovation in the waste industry and takes business away from state industrial waste facilities.  

New Jersey’s concerns about incoming fracking wastewater may be unfounded.  According to representatives of the New Jersey Department of Environmental Protection, very little fracking wastewater currently makes it into New Jersey and regulations are in place to ensure its safe handling.  Further, according to the Pennsylvania Department of Environmental Protection, approximately 90 percent of fracking wastewater in Pennsylvania was recycled in 2011 and that number is expected to grow.  Some Pennsylvania operators reportedly recycle 100% of their wastewater.  With respect to treatment, Pennsylvania has implemented strict limits for safely treating fracking wastewater at municipal and commercial treatment facilities.  Although most of Pennsylvania’s treated fracking wastewater is treated for reuse, discharges from treatment facilities are subject to detailed monitoring.  Based on Pennsylvania’s extensive recycling and safe treatment of fracking wastewater, New Jersey’s limited intake of out-of-state wastewater, and its ability to safely handle incoming wastewater, New Jersey’s decision to ban out-of-state wastewater is somewhat puzzling.    

The bill will now head to Governor Christie’s office for his signature.

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.