NJ Members Comment On Court Decision On Solid Waste Processing

Press Release

NJ MEMBERS COMMENT ON COURT DECISION ON SOLID WASTE PROCESSING

Today, the U.S. Court of Appeals for the 3rd Circuit struck down a prior federal court ruling that had prevented New Jersey from enforcing its safety, health, and environmental regulations on railroad solid waste transfer facilities. The court found that federal law does not necessarily preempt all state regulation of these facilities.

Sen. Frank R. Lautenberg (D-NJ) said the court's decision is proof positive Congress should approve legislation he sponsored to give states, such as New Jersey, the ability to regulate solid waste processing facilities along rail lines. The Lautenberg bill is cosponsored by five Senators, including Senator Robert Menendez (D-NJ), who was the bill's sponsor in the House before he entered the Senate. This year's bill was introduced in the House by Congressman Frank Pallone (D-NJ). Sen. Lautenberg expects the bill to be considered by the Senate Commerce Committee this month.

"New Jersey needs to be able to protect our communities from fire hazards and pollution caused by the piles of waste sitting on these sites. Our residents deserve better than to have a potential health hazard in their backyard," Sen. Lautenberg said.

"The health of our state, its citizens and its environment is precious and should not be jeopardized by a loophole in the law that allows hazardous waste to be dumped at these railroad facilities," said Sen. Menendez. "Our state regulates every waste facility in the state except those at railroads. Today's ruling brings us a step closer to allowing New Jersey to act, and I am hoping the courts continue down this sensible path."

"The ruling today by the Third Circuit Court of Appeals is further evidence that Congress must pass the Clean Railroads Act to ensure New Jersey, and all states, have clear authority over solid waste transfer stations," said Rep. Pallone. "Our legislation will close this loophole once and for all, finally allowing New Jersey to fully regulate hazardous waste along our rail lines."

Other federal courts have found that the federal law does preempt some state regulations. While courts have not decisively settled whether states can regulate solid waste facilities, Sens. Lautenberg and Menendez have authored legislation to make it clear that states in fact have this right. States currently have the right to regulate facilities that handle or process solid waste so long as they are not located on railroad property. Their bill, the Clean Railroads Act of 2007 (S.719), would close this loophole and it is moving through Congress.

The federal Surface Transportation Board (STB) has taken a piecemeal approach to making decisions about whether or not a waste transfer station can be built or not.

In August, for example, the STB denied permission for a waste transfer site in Freehold, New Jersey -- a site which the town itself opposed. In June, however, the STB, chaired by Republican appointee Chip Nottingham, ruled that New Jersey cannot enforce its safety, health or environmental laws at any of its other 21 rail waste transfer sites, both current and proposed. New Jersey wants to regulate these facilities after finding fire hazards, groundwater contamination, and debris in local neighborhoods.

Sen. Lautenberg's bill would change federal law to give New Jersey the ability to regulate these sites. The garbage piles at these sites can reach two stories high and pose a serious health and environmental risk for New Jerseyans who live near these sites. Sen. Lautenberg serves as Chairman of the Senate Commerce Committee's subcommittee on Surface Transportation.

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