Environmental regulatory shift in N.J. draws praise and concern

TRENTON - Home to a densely packed population and heavy industry, New Jersey has been a longtime leader in adopting strong regulatory standards to protect residents against pollution of their soil, air, and water.

That's why environmental advocates sounded alarms when they learned that a bill scheduled for a vote in the Assembly last week would ban state agencies from adopting rules stricter than federal ones without coming to the Legislature for approval.

Among the critics was Assemblyman John McKeon (D., Essex), who said he talked with Assemblyman John Burzichelli (D., Gloucester), the sponsor, about concerns that the proposal was too overreaching.

Ultimately, it was pulled from the agenda so legislators could make revisions.

The episode is emblematic of a new push in New Jersey to change the regulatory process, and of the fears some have that state leaders are going too far.

Aspects of the federal-standards bill, and a number of other recent environmental developments in Trenton, are rooted in policies outlined a year ago in Gov. Christie's executive orders and reports from his transition team and Red Tape Review Group.

Those moves are being cheered by the business community, whose suggestions on easing the regulatory structure are getting a serious hearing from the administration and legislators.

Phil Kirschner, president of the New Jersey Business and Industry Association, attributes the eagerness to relax the state's regulatory burden to Christie's leadership and the poor economy.

"There are obviously many things that one must do to make sure that they're compliant and that the public's health, safety, and welfare are accounted for," Kirschner said, but businesses "don't like to do regulations for regulations' sake, where . . . the cost-benefit is skewed."

The new approach is being worked out at a time when the DEP's staff has shrunk by nearly 20 percent over the last eight years and many retirements have drained institutional knowledge, according to the agency.

Christie's second executive order outlines "commonsense principles" for state regulation that "will give this state the opportunity to energize and encourage a competitive economy to benefit businesses and ordinary citizens." Among other things, the document called for the adoption of waivers from conflicting or unduly burdensome rules.