The Murphy DEP Can Block Trump Environmental Rollbacks
Here's How
DEP Rule Petition Seeks Protection From Trump Rollbacks
The recent Trump Clean Air Act exemptions for two NJ industrial facilities that emit the known cancer causing chemical ethyl oxide is just the latest and most obvious illustration of how NJ's "strict" environmental regulations are vulnerable to Trump federal rollbacks.
There are a LOT more. They just are not being reported by the press.
Despite savage rollbacks publicly announced months ago in Trump Executive Orders and EPA press releases, thus far, the Murphy DEP has not responded to the threats of these Trump rollbacks.
When your opponent gives you his battle plan, you must act to defend yourself.
So, yesterday, we filed another petition for rulemaking to the DEP.
The petition clearly explains how to block Trump rollbacks.
It is based on an Oregon law enacted during Trump's first term to block over 100 regulatory rollbacks.
Under the NJ Administrative Procedure Act any interested person can petition an agency to adopt a new rule, amend an existing one, or repeal a rule. The agency must respond to the petitioner within a specific timeframe, either granting the petition, denying it, or initiating further deliberations.
If DEP denies this petition, that can only mean that they support Trump's rollback agenda.
Petition For Rulemaking - Protection of NJ's Environment, Natural Resources, and Public Health By Prevention Of Federal Rollbacks
PETITION FOR RULEMAKING – Submitted VIA EMAIL
This petition for rulemaking is submitted in accordance with the NJ Administrative Procedure Act and in substantial compliance with NJAC 7:1D-1 PETITIONS FOR RULES
July 23, 2025
Shawn LaTourette, Commissioner
New Jersey Department of Environmental Protection
401 East State Street
P.O. Box 402
Re: Petition for Rule making
Petition for DEP to adopt omnibus regulations to retain the protections afforded to public health and this state’s environment and natural resources under the baseline federal standards contained in federal environmental laws, regardless of actions taken at the federal level.
Dear Commissioner LaTourette:
Please accept this letter petition for rulemaking pursuant to N.J.S.A.52:14B-1 et seq.
This letter petition is filed pursuant to N.J.S.A. 52:14B-4, which provides that:
“(f) An interested person may petition an agency to adopt a new rule, or amend or repeal any existing rule. Each agency shall prescribe by rule the form for the petition and the procedure for the submission, consideration and disposition of the petition. The petition shall state clearly and concisely:
(1) The substance or nature of the rule-making which is requested;
(2) The reasons for the request and the petitioner’s interest in the request;
(3) References to the authority of the agency to take the requested action.”
I) Rule-Making requested and the petitioner’s interest in it
I submit this petition to advance the public interest, to protect human health and the environment, to promote compliance with applicable laws and regulations, and promote government accountability. I am a former professional at DEP (14 years), served for 7 years as Policy Director of the NJ Chapter of Sierra Club, and for 10 years as Director of NJ Chapter of Public Employees for Environmental Responsibility. In that capacity, among other things, I was directly involved in the DEP's research and development of and advocated for the enforcement of NJ's environmental laws.
The petition seeks to retain the protections afforded to public health and this state’s environment and natural resources under the baseline federal standards contained in federal environmental laws, regardless of actions taken at the federal level.
Specifically, the petition requests that DEP adopt regulations to achieve the following objectives (emphases mine):
1) Protect the public health, safety and welfare of the people of New Jersey from any actual or potential adverse effect that reasonably may be anticipated to occur from pollution, including the effects of climate change;
2) Preserve, protect and enhance this state’s environment and natural resources, including, but not limited to, state parks, recreation areas, monuments and ocean shores and other areas with special natural, recreational, scenic or historic value;
3) Provide for stable regulatory conditions to support economic sustainability (AKA “regulatory certainty”); and
4) Ensure that decisions made by state agencies that may adversely impact public health, the environment or natural resources are made only after careful evaluation of all consequences and only after adequate procedural opportunities for informed public participation in decision-making processes.
To achieve these objectives, the petition seeks an omnibus regulatory proposal that incorporates all NJ DEP regulatory programs that are federally delegated; federally funded; and/or reference, incorporate, are based upon, and/or rely on any federal regulation, guidance, data, science, or methodology.
The petition seeks the following regulatory definitions and provisions to achieve these objectives:
(a) “Baseline federal standards” means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2025.
(b) “Federal environmental law” means any one or more of the following:
(A) The federal Clean Air Act, 42 U.S.C. 7401 et seq., and any federal regulations issued pursuant to the federal Clean Air Act.
(B) The federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., and any federal regulations issued pursuant to the federal Safe Drinking Water Act.
(C) The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and any federal regulations issued pursuant to the Federal Water Pollution Control Act.
(D) The federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.
(E) The National Environmental Policy Act, 42 U.S.C. § 4321 et seq.
(F) The Resource Conservation And Recovery Act, 42 U.S.C. § 6901 et seq
(G) The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601-9675.
(I) The Endangered Species Act, 16 U.S.C. §§ 1531-1544
(J) The federal Emergency Management Act, 6 U.S. Code § 313
(K) the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 USC ~ 136 et seq.
The omnibus regulatory proposal should include the following provisions:
1) "The Department of Environmental Protection (DEP) shall regularly assess proposed and final changes to federal environmental laws, regulations, and science that effects programs that the department has been authorized or directed to administer to determine whether the proposed or final changes to federal environmental laws and/or regulations and/or science are less protective of public health, the environment or natural resources than baseline federal standards, regulations and science.
2) The Department of Environmental Protection shall provide public notice and comment on and consider public comments regarding whether changes to federal environmental laws and/or regulations or science are less protective of public health, the environment or natural resources than baseline federal standards, regulations or science.
3) If the Department of Environmental Protection determines that a change assessed by the department under this section results or might result in federal standards or requirements that are less protective of public health, the environment or natural resources than baseline federal standards, regulations or science, then the department shall promptly inform the public and, pursuant to the NJ Administrative Procedure Act, propose and adopt regulatory actions as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment or natural resources as baseline federal standards.
4) Nothing in this section prevents the Department from adopting rules for the administration of federal environmental law that are more protective of public health, the environment or natural resources than baseline federal standards.
The aforementioned regulatory provisions are modeled on the Oregon Environmental Protection Act, which was adopted in 2019 to block federal rollbacks during Trump's first term.
II) Rationale for the request
The Heritage Foundation issued the Project 2025 Report in 2023 as a transition Report for the next (Trump) administration.
Project 2025 recommended a comprehensive "dismantling of the administrative state", including the repeal and rollback of virtually all federal environmental, natural resource, energy, climate, and public health protections and the scientific basis for them. Chapter 13 provided a radical agenda to dismantle EPA and virtually all regulatory, science, and climate programs.
President Trump, based on Project 2025, has issued a series of sweeping Executive Orders directing federal agencies to implement the recommendations of the Project 2025 Report, including repeal and rollback of federal regulations, programs, institutions, and science.
Trump EPA Administrator Zeldin announced the initial round of regulatory rollbacks on March 12, 2025, including revocation of the Endangerment Finding, see:
WASHINGTON – U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will undertake 31 historic actions in the greatest and most consequential day of deregulation in U.S. history, to advance President Trump’s Day One executive orders and Power the Great American Comeback.
EPA has also stated that they will rollback chemical safety requirements pursuant to Section 112(r) of the Clean Air Act and other critical protections pursuant to the Toxic Substances Control Act. EPA is considering revoking the Integrated Risk Information System (IRIS), the scientific basis for numerous regulatory and public health protections. EPA announced rollbacks of State powers under Clean Water Act Section 401 Water Quality Certification. The Energy Department declared an energy emergency (following Trump's Executive Order) that rolled back clean air act protections for a Pennsylvania fossil power plant that impacts NJ air quality. EPA and Congress rescinded the California car Clean Air Act waiver. Energy efficiency requirements are being rolled back. Drinking Water Standards are under assault as well.
These databases are incorporated herein by reference.
There are many other federal EPA and other federal agency rollbacks already publicly announced, adopted, proposed, or under development. These specific regulatory actions have been published in the Federal Register, discussed in EPA Congressional testimony, and/or reported by the media, and are incorporated in this petition by reference.
These federal rollbacks threaten NJ's environment, public health, and natural resources.
NJ's State environmental, public health, and natural resource protection programs and regulations and science are vulnerable to these and other contemplated federal rollbacks.
For example, the recent Presidential Exemption under Section 112 of the Clean Air Act rolled back hazardous air pollutant permit and emission control requirements for the known carcinogen ethylene oxide at two NJ industrial facilities. According to EPA's risk screening, the cancer risks posed by those emissions exceeded NJ's cancer benchmarks by from 100 - 2,000 times, see:
NJ DEP has a moral and legal duty and legislative mandate to steward and protect NJ's environmental, public health, and natural resources.
An essential part of these duties and legislative mandates include protection of NJ's regulatoryframework from federal rollbacks.
Federal rollbacks have been announced, adopted, and are underway, as extensively documented in the public record. They already have harmed NJ's air quality, water quality, climate vulnerability, public health and the values and interests of the people of NJ in federal lands and natural resources, a safe and clean environment, and a stable climate.
The Department must act to protect these interests.
III) Authority of the agency to take the requested action
The Department is authorized to adopt the regulations sought by this petition pursuant to NJ State laws.
The DEP has authority and responsibility to protect air and water quality and prevent harms to public health, safety, and environment pursuant to the NJ Air Pollution Control Act, the NJ Water Pollution Control Act, the NJ Solid Waste Management Act, the NJ RTK Act, the NJ TCPA Act, the Endangered Species Act, NJ Pesticide Control Act, and DEP's organic authority, NJSA 13:1D et seq. The Department also is authorized to adopt the requested regulations pursuant to NJSA 13:1B-1 et seq.
We look forward to your timely and favorable consideration of this petition request. We reserve the right to revise and extend this submission.
Sincerely,
Bill Wolfe
Citizen