Fall 2024 Legislative Update

Reducing Plastic in New Jersey

The New Jersey legislature is considering two bills aiming to reduce plastic pollution and single-use waste. Under S3195, food service establishments, including restaurants, cafeterias, and any other establishment serving food for immediate consumption, would only be able to offer single-use utensils upon customer request. Those with dine-in capacity over 50 people would have to provide reusable, washable utensils to customers. COA supports the bill, because it will save restaurants money and eliminate single-use waste that too often becomes litter. The bill passed through the NJ Senate Environment and Energy Committee and moved to the Budget and Appropriations Committee. COA’s Policy Attorney testified in favor, as did Landon Hoberman, one of our SEAL students. Landon gave examples from his #reducebyrequest campaign, which works to have restaurants voluntarily adopt single-use utensil restrictions. We’re so proud to have Landon as part of the COA SEAL crew and a true-blue advocate for the ocean! Also, the Committee recently proposed a substitute bill tor Extended Producer Responsibility (EPR), S3398, that would: require a 50% reduction in packaging over 10 years, ban toxic chemicals from packaging, establish a Toxic Packaging Task Force, and exclude chemical recycling from the definition of recycling. A Producer Responsibility Organization (PRO) made of packaging company representatives would develop a packaging stewardship plan to achieve those requirements. COA supports the substitute, but the plastic industry is actively working to weaken the amended bill. There may be a hearing in December for this bill, so stay tuned to COA’s social media for updates and action.

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Offshore Wind Updates & Actions

COA Files Amicus Brief in Vineyard Wind Lawsuit

Clean Ocean Action filed an amicus curiae brief, a statement of support, in a US Supreme Court the lawsuit Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management (BOEM). The lawsuit argues that BOEM and the National Marine Fisheries Service (NMFS) did not properly consider cumulative impacts when analyzing the Vineyard Wind project’s effects on endangered species. COA believes the US Supreme Court should hear the plaintiffs’ appeal and give endangered wildlife protection. Stay tuned for the Supreme Court’s decision on whether they will hear the case. 

To read the brief, go to https://tinyurl.com/7ecsphmn.

13+ Million More Acres for Offshore Wind: 2nd Central Atlantic Call BOEM conducted a call for information and nominations for a second “Call Area” for offshore wind 

(OSW) energy development in the Central Atlantic, an area extending more than 13 million miles from 

New Jersey to North Carolina (see green area in map). The Call is the first step in the OSW leasing process. BOEM sought public feedback on whether the area was suitable for OSW leasing. COA 

submitted comments opposing the Call due to the lack of a pilot project, independent marine mammal mortality study, third-party cost/benefit analysis, and the ability to learn from the projects currently proposed in the same area. After receiving public comments from the Call, BOEM will designate draft Wind Energy Areas (WEA) within the Call area, which have their own public comment process, expected in the beginning of 2025.

Marine Mammal Harassment The NMFS recently issued several incidental harassment authorizations (IHA) in the New York Bight. These IHAs allow developers to disturb marine mammals, such as whales, dolphins, porpoises, and seals, in the process of an offshore activity, such as preconstruction surveying for and the construction of OSW projects. Construction authorizations allow non-lethal injury to marine mammals as well. As of October 8, 2024, IHAs have authorized the disturbance or injury of 402,765 marine mammals from OSW projects along the NY/NJ Coast. The recently issued IHAs are for:

• Community Offshore Wind: renewal IHA for preconstruction surveys

• Atlantic Shores: Letter of Authorization for construction

• Attentive Energy: renewal IHA for preconstruction surveys

• Invenergy: renewal IHA for preconstruction surveys

• Vineyard Wind Northeast: renewal IHA for preconstruction surveys

• Vineyard Wind 1: IHA for construction

NJ’s 2nd Offshore Wind Strategic Plan

The New Jersey Department of Environmental Protection and Board of Public Utilities started the 

stakeholder outreach process for a second OSW strategic plan. The new plan would respond to recent 

changes in the OSW markets but has the same purpose as the first OSW Strategic Plan: to promote OSW energy development. COA was invited to participate in the stakeholder meetings for natural resource and fisheries concerns, and presented issues, suggestions, and questions to the agencies. A draft 2nd Offshore Wind Strategic Plan is expected to be released in spring 2025;

the public will have the opportunity to review and comment.