Eastern Environmental Law Center is a left-of-center organization that engages in litigation and notice-and-comment rulemaking that supports environmentalist positions and opposes non-weather-dependent energy production in the state of New Jersey.
Background
The Eastern Environmental Law Center was founded in 1998 by Edward Lloyd. 1 In addition to establishing the organization, Lloyd served on the New Jersey Pine Lands Commission and was the director of the Environmental Law Clinic at Columbia University Law. 2
Finances
In 2022, Eastern Environmental Law Center received $597,945 in contributions, 3 $81,896 program service revenue, 4 $684,465 in total revenue, 5 made $631,988 in expenditures, 6 and possessed $699,117 in net assets. 7
Litigation
One of the primary forms of advocacy utilized by the Eastern Environmental Law Center is litigation. 8 This can involve both directly litigating cases and intervening in a case the organization is not representing in support of the New Jersey Department of Environmental Protection. 9
Trichloroethylene Contamination Litigation
In 2019, the Eastern Environmental Law Center filed a complaint to intervene and support the New Jersey Department of Environmental Protection in a soil and water contamination case. 10 The case seeks to hold Ronson Metals Corporation, a lighter fluid manufacturer, responsible for contaminating the soil around its Newark, NJ facility between 1950s and 1990s. 11
Opposition to Northeast Supply Enhancement Pipeline
In 2020, the Eastern Environmental Law Center paid for an economic energy study conducted by Synapse Energy Economics relating to the addition of a new natural gas pipeline, the Northeast Supply Enhancement (NESE) that would travel through New Jersey and ultimately serve the New York City energy market. 12 The study concluded that there is no “supply gap” within the New York City electricity market, and that in the absence of a need for additional electricity the NESE pipeline’s development would be inconsistent with the city’s climate change policies. 13
This study was filed with regulators in New Jersey and New York, and on May 15, 2020, both states denied permits to develop the NESE pipeline. 14
Opposition to Industrial Warehouses
In 2021, the Eastern Environmental Law Center opposed the development of a large commercial warehouse—over one million square feet—on farmland located in Franklin Township, New Jersey. 15 The joint owners of the 112 acres of land filed an application with the New Jersey Department of Environmental Protection (NJDEP). 16 The owners filed a request for a construction permit from NJDEP, and identified an unnamed intermittent tributary of the Musconetcong River for the department to determine whether it poses a flood zone or constitutes activity within a regulated “riparian zone.” 17
NJDEP determined the project was not within a regulated “riparian zone” and that the unnamed tributary did not pose a flood risk. The Eastern Environmental Law Center, representing the Skylands Preservation Alliance, an organization that rallies communities to oppose industrial warehouse projects, 18 requested a meeting with NJDEP to re-evaluate its determination. When NJDEP refused to do so, the Eastern Environmental Law Center sued NJDEP in state court, arguing that the determination violated the state-level Administrative Procedure Act. 19 The court agreed with the Eastern Environmental Law Center and ordered NJDEP to reconsider its determination and allow formal comments from the Skylands Preservation Alliance on all the relevant questions. 20 After years of litigation, NJDEP finally determined based on comments it received that environmental studies are required because construction activity will in fact occur within the riparian zone. 21
Opposition to Electrical Power Lines
In 2012, the Eastern Environmental Law Center, with assistance from Earthjustice, sued the New Jersey Board of Public Utilities for approving a transmission power line project connecting electricity generated at a nuclear energy facility in Berwick, Pennsylvania to Roseland, New Jersey. 22
In addition, with assistance from the Sierra Club, the center sued the National Park Service for approving pathways for the power line through the National Park System. 23
The Eastern Environmental Law Center litigation efforts failed, and in 2015 the power line was completed and made operational. 24
Leadership
Chris Miller is the executive director of the Eastern Environmental Law Center. Prior to leading the organization, he was a partner at Maraziti Falcon LLP, a law firm that specializes in environmental law and property rights. 25
References
- “About Us – Edward Lloyd.” Eastern Environmental Law Center. https://easternenvironmental.org/about-us/#team
- “About Us – Edward Lloyd.” Eastern Environmental Law Center. https://easternenvironmental.org/about-us/#team
- Return of Organization Exempt from Income Tax (Form 990). Eastern Environmental Law Center. Part I, line 8. 2022.
- Return of Organization Exempt from Income Tax (Form 990). Eastern Environmental Law Center. Part I, line 9. 2022.
- Return of Organization Exempt from Income Tax (Form 990). Eastern Environmental Law Center. Part I, line 12. 2022.
- Return of Organization Exempt from Income Tax (Form 990). Eastern Environmental Law Center. Part I, line 18. 2022.
- Return of Organization Exempt from Income Tax (Form 990). Eastern Environmental Law Center. Part I, line 22. 2022.
- “About Us.” Eastern Environmental Law Center. https://easternenvironmental.org/about-us/
- “Cases.” Eastern Environmental Law Center. https://easternenvironmental.org/about-us/
- New Jersey Department Of Environmental Protection v. RCLC, Inc., L-5371-18, “Notice of Motion to Intervene” (Superior Court Of New Jersey Civil Division – Essex County, July 29, 2019). https://acrobat.adobe.com/id/urn:aaid:sc:US:9214401e-0005-414a-a598-060cad066551
- New Jersey Department Of Environmental Protection v. RCLC, Inc., L-5371-18, “Complaint” (Superior Court Of New Jersey Civil Division – Essex County, August 1, 2018). https://nj.gov/oag/newsreleases18/Ronson.pdf
- Potosnak, Ed. “FERC made a bad call for NJ on extending the Northeast Supply Enhancement pipeline” northjersey.com May 25, 2021. Accessed December 20, 2023. https://www.northjersey.com/story/opinion/2021/05/25/ferc-made-bad-call-northeast-supply-enhancement-pipeline/7419730002/
- “Assessment of National Grid’s Long-Term Capacity Report- Natural gas capacity needs and alternatives” Synapse Energy Economics. April 6, 2020. https://wordpress-554230-1781916.cloudwaysapps.com/wp-content/uploads/2020/04/Synapse-final-report-for-EELC-on-Ngrid-Capacity-Report.pdf
- Amato, Jennifer. “New Jersey DEP denies permits sought for NESE pipeline project; Williams Company has no plans to refile” centraljersey.com May 16, 2020. Accessed December 20, 2023. https://centraljersey.com/2020/05/16/new-jersey-blocks-pipeline-upgrades/
- “Tobias Farm.” Eastern Environmental Law Center. https://easternenvironmental.org/cases/tobias-farm/
- “Tobias Farm.” Eastern Environmental Law Center. https://easternenvironmental.org/cases/tobias-farm/
- “Tobias Farm.” Eastern Environmental Law Center. https://easternenvironmental.org/cases/tobias-farm/
- “Home.” Skylands Preservation Alliance. https://skylandspreservationalliance.org/
- In re Flood Hazard Area Verification, Docket No. A-5637-18 (Superior Court Of New Jersey Appellate Division, November 24, 2021). https://www.njcourts.gov/system/files/court-opinions/2021/a5637-18.pdf
- In re Flood Hazard Area Verification, Docket No. A-5637-18 (Superior Court Of New Jersey Appellate Division, November 24, 2021). https://www.njcourts.gov/system/files/court-opinions/2021/a5637-18.pdf
- “Tobias Farm.” Eastern Environmental Law Center. https://easternenvironmental.org/cases/tobias-farm/
- “Land, Water, and Wildlife Protection.” Eastern Environmental Law Center. https://easternenvironmental.org/land-water-and-wildlife-protection/
- “Sierra Club Files for Injunction on Power Line in Federal Court.” Sierra Club. December 6, 2012. Accessed December 21, 2023. https://www.sierraclub.org/new-jersey/press-releases/0427
- “Susquehanna-Roseland power line, a $1.4 billion project, switched on.” Leighhighvalleylive.com May 13, 2015. Accessed December 21, 2023. https://www.lehighvalleylive.com/breaking-news/2015/05/susquehanna-roseland_power_lin_4.html
- “Practice Areas.” Maraziti Falcon. https://mfhlaw.com/environmental-issues/