Senate Democrats Join Trump’s War on the Environment with S4373 “Corporate Polluters Take Over NJDEP Act”

 

 

People across New Jersey are outraged—not only by the bill to gut the State Comptroller, but now by S4373, in which Senate President Nick Scutari has declared war on environmental protections. This bill is a cross between Trump’s Deregulation Orders (DOGE) and Project 2025. Throw in the Koch Brothers, the American Legislative Exchange Council (ALEC), and Chris Christie’s Red Tape Review Commission—and you get the same playbook.(The Bill Passed out of committee 5-0)

 

This is The Corporate Polluters and Developers Take Over NJDEP Act.

 

Instead of fighting Trump’s war on the environment, Democrats in the Legislature are now joining it. Voters gave Democrats a mandate to stand up to Trump—not imitate him.

 

 

 

 

Cutting Red Tape = Cutting Environmental and Public Health Protections

 

 

Cutting “red tape” has nothing to do with affordability. It’s about weakening environmental and public health standards. The environment does not care about corporate profits—hurricanes, tornadoes, floods, forest fires, chemical spills, refinery explosions, toxic water, and overdevelopment will all force action sooner or later.

 

New Jersey is already one of the top states for FEMA payouts and property damage from flooding. We are #2 in the nation for building in flood-prone areas. We have some of the worst air quality in the country. Only one of our stream systems meets the Clean Water Act’s highest standards. We are top-tier for temperature rise and #3 for sea-level rise.

 

 

 

 

What S4373 (Scutari) Actually Does

 

 

This bill hands rule-making authority to special interests—especially the NJ Builders Association and NJBIA—to write NJDEP regulations. It eliminates transparency, public oversight, and public input in decisions directly affecting health and the environment.

 

Below are the major provisions, with added statements from longtime environmental advocate Jeff Tittel inserted under each section.

 

 

 

 

• Commission on Efficiency and Regulatory Review

 

 

Establishes a 13-member commission housed in the Treasury/OAL to systematically review existing and proposed rules and executive orders—stacked with corporate polluters and big business, with NO public members, NO environmental advocates, NO public health representation.

 

Jeff Tittel:

“This is the same playbook as previous the Red Tape Review Commission—stack it with corporate insiders and call it ‘reform.’ It’s letting the polluters write the rules.”

 

 

 

 

• Cost-Benefit Analysis

 

 

Requires agencies to include a cost-benefit analysis focused primarily on business burdens—meaning anything that cuts into corporate profit is treated as a “cost.” Missing are evaluations of clean air, clean water, health impacts, flood prevention, or Superfund cleanup.

 

Jeff Tittel:

“When they say ‘cost-benefit,’ they really mean the cost to corporate profits—not the cost of asthma, cancer clusters, poisoned water, or flooded homes.”

 

 

 

 

• “Orwellian Best Available Science” Requirement

 

 

Agencies must use “best available science” in impact statements—yet the DEP Science Advisory Board is stacked with industry consultants, and the independent NJDEP Division of Science has been eliminated. Oversight is done by OAL, which has no scientists, but includes corporate lobbyists.

 

Jeff Tittel:

“This is Orwellian. ‘Best available science’ written by the same corporations who will profit from weaker rules. It’s the fox guarding the henhouse.”

 

 

 

 

• Increased Polluter Input and Mandatory 90-Day Pre-Rule Comment Period

 

 

Agencies must file statements of intent and accept comments for 90 days before proposing rules. Those comments will overwhelmingly come from industry stakeholders, paid consultants, and lobbyists.

 

Jeff Tittel:

“This guarantees corporate lobbyists get first crack at every rule before the public even knows it exists.”

 

 

 

 

• Automatic Rule Extensions

 

 

Rules can be automatically extended if no “adverse” public comments are submitted. Since the public won’t know these extensions are happening, rules get pushed through without scrutiny.

 

Jeff Tittel:

“The public can’t comment on rules they don’t know exist. This is regulation by ambush.”

 

 

 

 

• DEP Annual Reporting Requirement

 

 

Makes permanent an annual report on permit applications—adding more workload and red tape for the DEP, an agency that already has 400 fewer employees than under Gov. Christie.

 

Jeff Tittel:

“This piles more bureaucracy on an already understaffed DEP. It’s designed to bog the agency down so it can’t enforce protections.”

 

• Commission Findings Used to Roll Back Environmental Protections

 

 

The Commission’s recommendations will be used to dismantle existing environmental and health rules.

 

Jeff Tittel:

“This bill is a blueprint to roll back decades of environmental protections and give control to special interests and polluters.”

 

Negative Environmental Impacts

 

Environmental groups warn that under the guise of “efficiency” and “red tape reduction,” S4373 could dramatically weaken environmental protections.

"Every time they talk about cutting red tape, it means cutting protections. Flood rules, clean water rules, toxic cleanup—everything is up for grabs "Jeff Tittel

 

 

• Prioritizing Corporate Profits Over Public Health

 

 

Cost-benefit rules will favor developers and industry at the expense of clean air, clean water, and safe communities.

 

 

• More Red Tape for DEP, Not Less

 

New procedural hurdles and OAL oversight make it harder—not easier—for DEP to create new protections or respond to emerging crises.

 

 

• History Repeats Itself

 

This bill mirrors previous “Red Tape Review” efforts that targeted DEP rules and led to weakened environmental safeguards.

Jeff Tittel:

Long Time Environmental Activist and Former Director the New Jersey Sierra Club, Jeff Tittel has fought these deregulation schemes for decades ".I fought bills like this Under Governors Whitman ,McGreevey ,Corzine ,Christie and Murphy.Its like Dracula it keeps coming back from the dead "

“This bill is an assault on the environment. It puts public health, safety, and our future behind the profits of developers and polluters. The Senate is siding with Trump and his war on the environment instead of the environment and people of New Jersey ”Jeff Tittel