Search Site
Menu

NJ Gov. Christie Vetoes Anti-Fracking Legislation

In an earlier blog post this July, we reviewed recent hydraulic fracturing (or “fracking”) developments in New Jersey and New York. The legal and political landscape concerning fracking continues to evolve, including in Trenton, where, on September 21, 2012, New Jersey Governor Chris Christie vetoed bill A-575—a proposal to ban wastewater and other hydraulic fracturing byproducts from being imported into New Jersey for treatment or disposal.

A-575 had previously passed the Assembly (56-19-4) and the Senate (30-5). Citing the Dormant Commerce Clause of the United States Constitution, Gov. Christie questioned whether the bill was constitutional. The Dormant Commerce Clause limits individual states’ ability to regulate commerce among states. This legal doctrine is inferred from the Commerce Clause in Article I of the United States Constitution, which expressly grants the United States Congress power to regulate commerce among the states. By negative implication, the states generally do not share this authority, and locally protectionist laws are therefore suspect.

In vetoing the would-be ban on the disposal of fracking waste in New Jersey, the Governor reasoned that because fracking “is not occurring and is unlikely to occur in New Jersey,” the bill was not in fact neutral (as it appeared to be on its face) and essentially prohibited fracking waste generated solely outside New Jersey. By banning fracking waste that could only come from outside the state, the Governor reasoned that this bill treaded constitutionally prohibited waters.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Attorneys

Recent Twitter Posts

  • Another effort to make the Delaware Water Gap a national park is underway. https://t.co/C00NZ43nZU
    2 days ago
  • New Jersey seeks designation of Lower Hackensack River as a federal Superfund site. https://t.co/czOI3hDNb2
    2 days ago
  • New report finds that significant offshore wind capacity exists along the Atlantic coast. https://t.co/EQG8d5VMw2
    4 months ago
  • The Murphy Administration plans to spend $200 million on wind port. https://t.co/Se09U5ZHvy
    5 months ago

Recent Blog Posts

EPA plans to increase criminal enforcement of environmental laws as part of environmental justice efforts

Many of the U.S.’s environmental statutes, such as the Clean Water Act and the Clean Air Act, contain criminal enforcement measures. These criminal enforcement measures range from significant fines to
Read More
EPA plans to increase criminal enforcement of environmental laws as part of environmental justice efforts

States file petition in U.S. Supreme Court over EPA’s Clean Air Act regulations

On June 18, 2021, twenty (20) states along with additional supporters filed a request for appeal to the U.S. Supreme Court that has the potential to affect States’ rights to
Read More
States file petition in U.S. Supreme Court over EPA’s Clean Air Act regulations

EPA announces next step of clean-up plan at Superfund site in Burlington County

The Cinnaminson Groundwater Contamination Superfund Site spans 400 acres and straddles the border of Cinnaminson and Delran in Burlington County. “Superfund sites,” such as this one, are designated by the
Read More
EPA announces next step of clean-up plan at Superfund site in Burlington County

Police Departments’ Arrest Records are Public Records Subject to Public Disclosure, Supreme Court Says

Even if the judiciary creates the forms and stores them once completed, arrest records are still police records subject to public disclosure under the Open Public Records Act (OPRA), the
Read More
Police Departments’ Arrest Records are Public Records Subject to Public Disclosure, Supreme Court Says

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form