Spring 2008, Volume XI, Issue 2 Hackensack Riverkeeper® is the leading environmental organization working on Hackensack River issues. Riverkeeper, Baykeeper Settle Railroad Lawsuit A Second Chance? Agreement caps two years of litigation, protects environment Hopefully the LAST EnCap piece By Hugh M. Carola you’ll ever read in Tidelines On February 28, Hackensack In the early Twentieth Century Riverkeeper, NY/NJ Baykeeper the towns surrounding the estuary and the New York, Susquehanna of the Hackensack River (a.k.a. the and Western Railway Corporation Meadowlands) declared war on the (NYS&W) announced a settlement environment and began dumping of federal litigation regarding the garbage in it. Over the years, thou- railroad’s solid waste transload sands of acres of marshes and Since 2006, NYS&W has cleaned up facilities in North Bergen, NJ. operations at its North Bergen facilities. waterways were buried under what Originally conducted at five would eventually become moun- locations in the town, waste materi- by Richard Webster, legal director Continued on Page 7 als (primarily construction debris of the Newark-based Eastern and contaminated soils from envi- Environmental Law Center Avon Landfill ronmental cleanups) are loaded into (EELC). When we first brought Lyndhurst, NJ 2004 railcars for shipment to out-of-state suit in 2006, we sought to shut the disposal sites. facilities down and stop NYS&W As with several previous cases, Continued on Page 23 our organizations were represented Captain Bill Receives EPA Save The Dates!!! Environmental Quality Award Hackensack Riverkeeper US Environmental Protection Agency recognizes Comedy Night Riverkeeper for cleanups, conservation July 17, 2008 By Hugh M. Carola 5th Annual NJ Meadowlands On April 25, Captain Bill Sheehan and Festival of Birding Hackensack Riverkeeper were honored by the September 13 & 14, 2008 United States Environmental Protection Agency for 9th Annual Hackensack our organization’s work on “clean water issues for Riverkeeper Awards the Hackensack River, the Newark Bay Complex Celebration and and their watersheds for over ten years.” The agency Sustainable SeafoodFest also recognized Hackensack Riverkeeper as “the October 16, 2008 Continued on Page 22 See Inside For Details INSIDE: Real Science for Real People 10 Birds of the Hackensack 11 Waterfront Walkways 3 Watershed Field Notes 13 2008 Program Schedule 4-5 Ambassador Update 14 Charter Fishing on the Hacky? 6 Edward Abbey Motor Stolen 15 Nature Program Cooperative 9 Volunteer Corner 20-21 Page 2 Hackensack Tidelines - Spring 2008 At the helm 231 Main Street Hackensack, NJ 07601-7304 A word from Phone: (201) 968-0808 Captain Bill Fax: (201) 968-0336 Hotline: 1-877-CPT-BILL [email protected] Harris Does it Again! www.hackensackriverkeeper.org I am still saddened and angered activism also forces towns to add Board of Trustees by the foolish and dangerous deci- millions of dollars in municipal Margaret Utzinger, President sion handed down on May 1 by services to their budgets – some- Ivan Kossak, CPA, Vice President J. Michael Parish, Treasurer Bergen County Superior Court thing that is unconscionable in Susan Gordon, Secretary Judge Jonathan Harris regarding difficult economic times. Trustees the Paramus Wetlands. Citing a As we all know, the people of Virginia Korteweg technicality, he ruled that the Bergen County have voted to pre- Kelly G. Palazzi 35-acre site – located along Soldier serve open space – usually by very Ellie Spray Hill Brook in Paramus – was not wide margins – time and time Nancy Wysocki protected by a 20-year old Planning again. They do so not to prevent Honorary Trustees Board decision that specifically affordable housing, nor to stop Robert F. Kennedy, Jr. stated that it was. The Judge did economic growth, nor to shut William “Pat” Schuber not take the board’s original intent anyone out of the American Dream Executive Director into consideration; only the way in but simply to make their towns and Captain Bill Sheehan, Hackensack Riverkeeper which it was recorded. Yes, there county better places to live. he goes … AGAIN! Perhaps that news hasn’t yet pene- HRI Staff Hugh Carola, Program Director It is common knowledge within trated the thick limestone walls of Lisa Ryan, Operations Director the conservation community that the County Courthouse. Either that Diane Saccoccia, Development Director Judge Harris is “a developer’s best or Judge Harris simply doesn’t Nick Vos-Wein, Project Manager friend.” As far as I can tell, he has care. never ruled in favor of the environ- Judges are appointed and not Matthew Manthey, Watershed Ambassador ment. His apparent mission seems elected here in New Jersey. Under to be to give land speculators and our system it is nearly impossible Nick Vos-Wein, Tidelines Editor sprawlmongers the freedom to lay to remove a jurist from the bench Lisa Ryan, Webmaster waste to the open spaces, water even when his decisions always resources and the miniscule amount conflict with the public interest. I We gladly accept submissions of articles, photography and advertise- of woodlands left in the county. He urge the Paramus Borough Council ments from the community; however, takes every opportunity and every to appeal this travesty. Judge Harris we retain editorial discretion. We do not necessarily endorse any individual tool at his disposal to help fire up has been overturned on appeal or company whose advertisements are the bulldozers. before, but all too often the battle- found in these pages. Over the years Harris’ decisions weary towns he has victimized are Hackensack Tidelines have cost the citizens of Bergen so battered by the assault that they is published quarterly County millions of dollars – much simply give up. Based on that sorry on recycled paper. of it spent by municipalities trying track record, you can bet that the Riverkeeper is a registered trademark and serv- to defend their dwindling natural speculators who want to destroy ice mark of Riverkeeper, Inc. and is licensed for resources and quality of life. The the Paramus Wetlands expect use herein. Waterkeeper is a registered trademark and serv- sprawl that results from Harris’ ice mark of Waterkeeper Alliance, Inc. and is anti-environmental judicial Continued on Page 22 licensed for use herein. Hackensack Tidelines - Winter 2008 Page 3 Where We Stand: Waterfront Walkways By Capt. Bill Sheehan sight of the public eye. The average Jersey. The parochial interests of Some newly proposed riverfront person didn’t know how bad the homeowners’ associations, condo walkways as well as the continuing situation had become until the management and other property construction of others have raised 1960s and 70s. In 1972 Congress owners are set aside by the PTD. fears among some area residents finally acted and passed the Clean Waterfront property owners are that such walkways could lead to Water Act. Subsequent state laws now required to provide public crime, flooding and environmental passed in New Jersey were even access to the waterways of New degradation in their neighborhoods. more stringent. Jersey. These concerns have prompted The irony is that the waters of Opening up waterfronts to public some to ask Hackensack the state have belonged to all access enlists people in stewardship Riverkeeper what our position is on people since Colonial times. New of the waterway where the pro- public walkways, often assuming Jersey law is based upon English posed walkway would be. Walkers, that that we oppose them because Common Law, which holds that runners, bikers, birders, and of their proximity to the water. On rivers and bays are the property of stroller-pushing parents all have a the contrary, public access to the people, and that the government common interest in maintaining waterways is a vital component of is a trustee obligated to protect Class A access – a place that is our mission, and we believe public these waterways for the common clean, welcoming, well-maintained walkways will improve the public good. Also known as the Public and safe – criteria that will help perception of the river, and ulti- Trust Doctrine (PTD), it holds that work against dumping and pollu- mately its health and that of its no person should be able to exploit tion. inhabitants. a commonly held resource like the The success of Saddle River For hundreds of years, the gen- Hackensack River to the detriment County Park, which has a continu- eral public was denied access to of any other person’s right to enjoy ous walkway stretching across waterways by industry, private the resource. town borders from Ridgewood to property owners and others who New Jersey’s Waterkeepers have Saddle Brook, is well documented. put up No Trespassing signs, built defended the PTD all the way to Those towns have seen no marked fences and even hired security the state Supreme Court, which increase in any type of crime, no forces to prevent them from getting ruled in the Hudson River walkway increase in flooding, and wildlife to the water. Subsequently, water- case that the PTD prevails, and that abounds along the park’s walkway. ways became fouled as all sorts of the waterways of New Jersey Continued on Page 6 waste was discharged out of the belong to all the citizens of New Spotlight on New Milford: Fear of Flooding During a public meeting in New Milford last month, many citizens spoke out against a public walkway, making the erroneous claim that it would exacerbate flooding in their neighborhoods. We understand the consequences that people endure when the Hackensack River overflows its banks, but it would be irresponsible of us not to point out that living close to a river is inherently dangerous. A pervious walkway would have a negligible impact in a situation where floodwaters sometimes move houses off their foundations, as homeowners testified. The Hackensack River has been flowing through this area for thousands of years and will continue to do so for millennia to come.