DEP Approval of New Passaic Valley Sewage Commission Power Plant in Newark is a Stunning and Immoral Reversal of Environmental Justice Policy

Leaders from Districts 28 & 29 Express Anger, Demand Repeal of Decision

TRENTON – Leaders from Districts 28 & 29 are shocked and outraged by the decision of the New Jersey Department of Environmental Protection (DEP) to allow the Passaic Valley Sewage Commission (PVSC) to construct a new gas-fired power plant in the Ironbound section of Newark and demand DEP reverse course.

In 2020, Governor Murphy signed the landmark “Environmental Justice Law,” requiring DEP to evaluate the environmental and public health impacts of certain facilities on overburdened communities when reviewing applications for certain permits.

The Ironbound neighborhood is a majority-minority and low-income area already overburdened by toxic air pollution from three nearby power plants. According to Clean Water Action and other environmental advocates, Newark and its surrounding areas experience a disproportionately high number of environmental and public health stressors including industrial, manufacturing, and governmental sources of pollution.

In its review, DEP openly admits that the new facility would increase the emission of air pollutants and “could exacerbate adverse cumulative environmental and public health stressors affecting the host overburdened community.”

The approval by DEP is an attack on the health and well-being of the Ironbound community and represents a blatant disregard for the Environmental Justice Law in New Jersey.

“The DEP’s approval of the PVSC power plant in the Ironbound neighborhood is an indefensible and hypocritical decision that blatantly violates New Jersey’s Environmental Justice Law. It disregards the well-being of Newark residents who have long borne the brunt of toxic air pollution and negative health outcomes from nearby power plants built in their communities to shield more affluent areas from its harmful effects. These decisions have deep-rooted implications in systems that have consistently impacted communities of color,” said Senate Majority Leader M. Teresa Ruiz (D-Essex/Hudson).

Under the Environmental Justice law, an “overburdened community” is a census block group where, according to the latest U.S. Census, at least 35% of households are low-income, 40% of residents are minorities or belong to a state-recognized tribal community, or 40% of households have limited English proficiency. The DEP designates the Ironbound section of Newark as an overburdened area because it has a high percentage of low-income and minority residents.

“From our intent and interpretation of the Environmental Justice Law, constructing this facility in the Ironbound should never have been under consideration. The administration cannot pat itself on the back for pioneering environmental justice policies and promoting environmental education in schools while continuing to harm the environment and the health of its most vulnerable residents. The people most affected by this act will bear the health and psychological brunt, particularly the children who reside in these neighborhoods, unlike the decision-makers who remain comfortably detached from the consequences of their shocking and reprehensible actions. As elected officials and as mothers raising daughters in these communities, we must stand against it. Our city has suffered long enough,” added Senator Ruiz.

“The recent decision by the New Jersey Department of Environmental Protection to permit the Passaic Valley Sewerage Commission’s methane gas-powered plant, through the Environmental Justice Law, in Newark’s East Ward is nothing short of deplorable,” said Assemblywoman Eliana Pintor Marin, chair of the Assembly Budget Committee (D-Essex/Hudson). “Newark, designated as an overburdened community by the DEP, faces numerous environmental and public health challenges. The East Ward, in particular, bears the brunt of these issues, with some of the highest asthma rates in children nationwide. Newark deserves better. My children deserve better; our children deserve better. It’s time to take a stand for the health and future of our community.”

“Our community’s well-being should be prioritized over outdated decisions that ignore modern science on pollution. Adding another power plant in Newark is dangerous and severely impacts the health of our children and families, especially in Black and Brown communities. With Newark’s air quality already compromised by existing facilities, this is not just an environmental issue; it’s a matter of justice and equity. We must advocate for cleaner, renewable energy sources, and hold decision-makers accountable for protecting our environment and health. The future of Newark depends on sustainable and just actions that serve all residents,” said Assemblywoman Shanique Speight (D-Essex/Hudson).

“Toxic air pollution from power plants and congestion have plagued our communities for decades, resulting in higher instances of asthma, cancer, cardiovascular disease, and developmental disorders,” said Senator Renee Burgess (D-Essex/Union). “Just when we thought there was marked progress in combatting the new development of these harmful facilities, DEP fails us. If we ever wish to see equity in disadvantaged neighborhoods and improved health outcomes, DEP and PVSC must prioritize environmental justice and put the health of our citizens first.”

“I am deeply disappointed by the New Jersey Department of Environmental Protection’s decision to permit the Passaic Valley Sewerage Commission’s plant in the East Ward of Newark,” said Assemblywoman Cleopatra Tucker (D-Essex/Union). “This decision starkly contradicts the principles of the Environmental Justice Law, which is supposed to protect overburdened communities like ours from further environmental harm. I urge the DEP to reconsider this harmful decision and to prioritize the well-being of Newark residents over industrial interests.”

“The intent of the EJ law is to ensure people living in vulnerable communities have a say in whether permits for pollution-generating facilities can be granted or renewed”, says Assemblywoman Garnet R. Hall (D-Essex/Union). “The shortsighted decision by the DEP to approve the controversial Passaic Valley Sewerage Authority backup power plant to its existing wastewater treatment facility is in derogation of everything for which our EJ law stands”, argues the Assemblywoman. “I, together with my legislative colleagues and elected officials representing the City of Newark, are wholly committed to fighting the approval and issuance of this permit and stopping the construction of this plant. The residents of our City, and especially our children, deserve no less,” Hall concluded.

“Together, we ask that the Mayor of Newark and the Newark City Council continue to express their opposition to this decision. Most importantly, we demand Passaic Valley Sewage Commission to revisit this decision, take a new vote, and ultimately reverse course to benefit the health of the city of Newark, the county of Essex, and the state of New Jersey,” said Leaders from Districts 28 & 29.