Is Nestlé just the first unnecessary environmental justice casualty in NJ?

The pending closure of the Nestlé manufacturing plant, after 75 years in Freehold, is indeed a difficult time for the more than 220 workers it employs and bad news for the state and local economy.

Sadly, New Jersey may see further loss of legacy manufacturers like Nestlé, given the extremes of the state’s recently adopted Environmental Justice rules.

Due to the expansive provisions of these new rules, the Nestlé plant is defined as being “disproportionately impacted” in an overburdened community. In fact, two-thirds of the state are now defined as being in an overburdened community under the new EJ law.

What we know about Nestlé is the company was considering closing the plant because its facility is “outdated.” We also know that Nestlé has a Title V air permit from the state Department of Environmental Protection and is thus subject to the EJ rules.

And we know that to comply with the EJ law, Nestlé would have to make substantial upgrades and perhaps meet other criteria that the rules do not even specify, but would be imposed during the permitting process. There would be no certainty in timing, process, standards, or outcomes. These are not ideal conditions to operate a plant.

During the two-year process that went into formalizing the EJ rules, we repeatedly warned that the proposed — and now final — regulations well exceeded legislative intent in their breadth, had no balance whatsoever for the business community and failed to recognize the benefits of the goodpaying jobs and the economy.

We also cautioned repeatedly that the rules would lock out any new manufacturing from coming into the state and significantly prevent the expansion of existing businesses.

And we warned that even existing manufacturers seeking a permit renewal may be forced to relocate out of state — and they could just up and leave without any explanation.

Before any other New Jersey manufacturers decide to look for less onerous and more profitable locations, NJBIA urges the state Legislature to fix the law to bring much-needed balance to the EJ rules so that the tragedy of Nestle’s departure does not become commonplace.