Gov. Sherrill Rejects Appeal To Veto Huge Warehouse On A Highlands Farm - Residents File Lawsuit

Council's Perverse Designation of Active Farmland As Paved Over With Sufficient Impervious Surface Appropriate For "Redevelopment" Triggers Lawsuit

[Lawyer] Dante DePirro fully understands the Highlands Act and the precedential threat posed by the Highlands Council’s perversion of the Act regarding redevelopment.

Gov. Sherrill quietly and with no accountability just “approved” a huge new warehouse on an active farm in the strictly regulated NJ Highlands, a region that provides water supply for 5 million people.

The Gov. did so by inaction - by failing to exercise her veto authority under the NJ Highland Act.

Over 2,000 people signed a petition to urge the Gov. to veto the minutes of the Council and block the perverse decision by the Council to designate an active farm as land suitable for “redevelopment”.

The citizen’s petition was led by the local group Phillipsburg Riverview Organization (PRO) and supported by Delaware Riverkeeper and the NJ Highlands Coalition.

The Act gives the Governor oversight power to veto the minutes of the Highlands Council in order to reverse bad decisions by a “runaway” Council and/or to assure that the Council’s actions comply with the Act and reflect the Governor’s priorities (see: 13:20-5.j.)

Gov. Sherrill knows how to use her Gubernatorial powers. At the outset of her tenure, Gov. Sherrill issued Executive Order No. 7, which imposed a moratorium of regulations so that the Gov. could

ensure they are not inconsistent with the policies and priorities of this Administration

The Gov.’s Office also has a representative who attends all Council meetings and monitors the work of the Highlands Council, so in addition to the citizens petition and hundreds of phone calls to her office, Gov. Sherrill was fully aware of the controversy.

So, it looks like Gov.’s Sherrill’s priorities include converting active farms in the sensitive Highlands region to warehouses. All that jive is consistent

with the policies and priorities of this Administration

Led by PRO, the opponents filed a lawsuit against the Council.

The lawyer on that lawsuit is Dante DePirro.

I met Dante back in 2002, where he served in Gov. McGreevey’s Office and as Legal Counsel to DEP Commissioner Brad Campbell. I was part of that team.

Dante was a member of Gov. McGreevey’s Highlands Task Force (as was I), he worked on the Highlands Act (as did I), and later served as Executive Director of the Highlands Council.

Dante fully understands the Highlands Act and the precedential threat posed by the Highlands Council’s perversion of the Act regarding redevelopment.

Politically, I can’t recall any other example of when a high level State official and former Executive Director of an Agency later legally represented environmental groups in challenging the decision of the Agency he helped create and then lead.

More to follow as this continues to develop.