NJ Judge Halts Construction On Controversial Power Plant In Newark

NEWARK, NJ — A judge has ordered the Passaic Valley Sewerage Commission to halt construction on a controversial power plant in Newark until a pair of court cases reach the finish line, city officials say.

The Passaic Valley Sewerage Commission (PVSC) approved construction of the new plant in June. It continues to see pushback from local advocates, community members and elected officials.

The proposal is part of a resiliency blueprint that sprang up in the aftermath of Hurricane Sandy. During the infamous storm, the PVSC wastewater facility in Newark was flooded, spilling billions of gallons of raw or partially-treated sewage into the Passaic River.

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

Critics 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 three other power plants. Other environmental pollution in the area includes New Jersey’s largest garbage incinerator, diesel fumes from thousands of container trucks headed to Port Newark, contamination from the Diamond Alkali Superfund site, numerous smokestacks, and other “toxic refuse.”

Some estimates say that one in four children in Newark have asthma, far outpacing the national average.

UPDATE ON LAWSUITS

City officials gave an update on the power plant last week.

According to a statement from the city, administrators have been working with local nonprofit Ironbound Community Corporation (ICC) to oppose the construction due to the “negative impact it will have on the environment and Newark residents’ health.”

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.

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

The ICC’s case is scheduled to be heard this week. The city’s case is scheduled to return to court for a case management conference on Oct. 27.

Mayor Ras Baraka applauded last week’s court ruling, calling it “encouraging.”

“Hopefully, this case will arrive at a final decision that shows respect and care for a community already overburdened by environmental injustice, and suffering adverse health effects from an inordinate amount of pollution,” Baraka said.

“After 10 years of making preparations for the main construction, another couple of months of talking is inconsequential to PVSC, while failure to further expound on our argument and succumb to yet another fossil fuel plant to choke our air would undoubtedly do irreparable harm to the community,” said Kenyatta Stewart, the city’s corporation counsel.

Patch reached out to the PVSC for comment on the court decision. We will update this article with any reply we receive.

• See Related: New Power Plant In Newark Gets OK From Sewerage Commission
• See Related: Critics Of Newark Power Plant Aren’t Giving Up The Fight: ‘It’s Not Over’

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