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Your email address will not be published.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

  • U.S. Supreme Court will hear PennEast Pipeline appeal of New Jersey eminent domain dispute. https://t.co/AqqvTw1QD2
    3 weeks ago
  • Fishing to be allowed in future wind farm off the coast of Atlantic City. https://t.co/x8vlsXFtcW
    1 month ago
  • New Jersey Economic Development Authority approves pilot program to replace diesel trucks with electric vehicles in… https://t.co/EZ5xkmDIjY
    1 month ago
  • New Jersey sues the Federal Government over PFAS contamination at military bases. https://t.co/f3BTcTmMJ8
    1 month ago

Recent Blog Posts

San Diego Receives Federal Funding to Fight Mexican Sewage

San Diego has just received substantial federal funding from the EPA to address a chronic problem: raw sewage coming from Tijuana Mexico. That sewage has been migrating over the border
Read More
San Diego Receives Federal Funding to Fight Mexican Sewage

New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

A New Jersey Supreme Court opinion issued on January 27, 2021 affirmed an Appellate Division decision in favor of NJ Transit over its insurers. In 2012, when Superstorm Sandy hit
Read More
New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

New York and New Jersey lawmakers make attempts to combat increasing recycling problem

New York and New Jersey have recently been making legislative efforts to find a solution to their share of the United States’ increasing recycling problem. In January 2018, China halted
Read More
New York and New Jersey lawmakers make attempts to combat increasing recycling problem

Lawsuit filed over Florida’s wetlands delegation

Several environment organizations have filed suit challenging the EPA’s relinquishment of control over wetlands in Florida. Many have criticized the manner in which Florida has historically regulated wetlands alleging that
Read More
Lawsuit filed over Florida’s wetlands delegation

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