Newark May Ban New Fossil Fuel Plants Under Proposed Ordinance

NEWARK, NJ — A proposed ordinance that would halt fossil fuel expansion by changing local land codes is picking up steam in Newark.

The Newark City Council voted to introduce the “Ports for People: Newark Fossil Free Future Ordinance” on first reading at their Dec. 17 meeting. It will have to undergo more discussion and a second vote before becoming law.

Here’s what the ordinance would do if it’s approved, supporters say:

• “Halt fossil fuel expansion of major sources of air pollution by amending land-use codes to prohibit new or expanded fossil fuel facilities within city limits”
• “Stop public funding for polluting infrastructure and prevent taxpayer dollars from being used for new or expanded fossil fuel facilities”
• “Advance environmental justice by reducing pollution burdens in front-line communities and improving long-term health outcomes”

Newark is a vital economic hub with major port and industrial activity. However, this progress comes at a price, advocates say: harmful pollution that threatens residents’ health, environment and future.

According to the Ironbound Community Corporation – one of the groups supporting the proposed ordinance – about 31 million people in the U.S. live within three miles of a port. These are predominantly “front-line and fence-line communities” that already face disproportionate pollution burdens.

“Ships burn heavy fuel oil, the dirtiest fuel on Earth,” the nonprofit wrote. “The result is toxic air filled with carcinogens, sulfur oxides, nitrogen oxides and particulate matter. People living near ports are exposed to pollution that increases asthma, heart disease, and premature mortality. Globally, shipping emissions were projected to cause 265,000 premature deaths in 2020.”

In Newark, it is estimated that one in four children has asthma, far outpacing the national average of one in 11.

“This ordinance is not just about zoning codes or finance rules. It’s about protecting the health of Newark residents,” said Leah Owens, a ports and policy analyst with the South Ward Environmental Alliance.

“Fine particles called particulate matter enter the bloodstream, causing systemic inflammation in vital organs,” Owens said. “This is how pollution becomes disease – and how zoning decisions become life-or-death issues for our community.”

Altorice Frazier, Port Campaigner-Northeast at Pacific Environment, said the city has an opportunity to end major fossil fuel expansion and “prioritize the health and future of front-line communities.”

Erica Beverett, an organizer with Parents Engaging Parents, said local parents have been pushing back against pollution for years.

“This ordinance is about protecting families and putting children’s health first in Newark,” Beverett said.

Other supporters of the proposal include public interest environmental law firm Earthjustice.

POWER PLANT

The Ports for People: Newark Fossil Free Future Ordinance is being introduced as advocates continue a long-running campaign against a new power plant being built in the Ironbound section of the city.

The proposal is part of a resiliency blueprint that sprang up in the aftermath of Hurricane Sandy. During the infamous storm, the Passaic Valley Sewerage Commission (PVSC) wastewater facility in Newark was flooded, spilling billions of gallons of raw or partially-treated sewage into the Passaic River. Read More: Superstorm Sandy Caused Flood Of Excrement In New Jersey 10 Years Ago

Since then, the agency has rolled out a sweeping series of renovations to avoid future calamities. Part of that plan includes building a plant at 600 Wilson Avenue, which would provide backup power to their wastewater treatment plant if the grid goes down.

The PVSC has maintained that the plant will use state-of-the-art emission controls and will have a “negligible impact to the community,” only being used as a backup when a storm cuts out power. Read More: Sewerage Commission Defends Newark Power Plant Proposal, Cites Sandy

Advocates argue that the location of the proposed plant – within the immigrant-heavy Ironbound section of the city – is already saturated with sources of pollution, including New Jersey’s largest garbage incinerator, diesel fumes from thousands of container trucks, contamination from the Diamond Alkali Superfund site, numerous smokestacks and other “toxic refuse.” The area is also home to the largest county prison in New Jersey and a new federal immigrant detention center.

The New Jersey Department of Environmental Protection recently gave the commission permission to start construction on the plant.

The Passaic Valley Sewerage Commission (PVSC) approved construction in June by a 6-2 vote.

The Newark city council member who introduced the Ports for People: Newark Fossil Free Future Ordinance – council president C. Lawrence Crump – was one of the two dissenting votes at the commission’s June meeting, along with Luis Quintana.

• See Related: Power Plant In Newark Gets OK From Sewerage Commission

In July, the city and ICC filed lawsuits against the PVSC, challenging the decision to proceed with construction of the plant. In August, both then filed a motion to stay the construction pending the litigation – and the PVSC filed a motion to dismiss it.

In October, an Essex County Superior Court judge denied the commission’s attempt to dismiss, ordering that construction must be halted while this case is pending.

• See Related: NJ Judge Halts Construction On Controversial Power Plant In Newark

Advocates are hoping that the latest proposed ordinance in Newark will help turn the tide in their battle to stop the plant.

“For decades, the Ironbound community has been forced to shoulder the health and environmental costs of fossil fuel infrastructure they did not choose,” said Alejandra Torres, assistant director of organizing and advocacy at the Ironbound Community Corporation.

“This ordinance is a critical step toward stopping further fossil fuel expansion, honoring New Jersey’s Environmental Justice Law, and ensuring that Newark’s frontline communities can breathe clean air and thrive,” Torres said.

• See Related: No New Power Plant In ‘Chemical Corridor,’ Newark Residents Demand

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