Politics & Government

N.J. to Appeal Ruling in Ocean 'Blasting' Case

Appeal to filed with circuit court in Philadelphia

New Jersey officials will appeal a federal court ruling issued Tuesday that allows a seismic blasting project to move forward over 230 square miles of ocean floor off the Jersey Shore.

The administration of Gov. Chris Christie had filed suit to block the seismic blast testing in waters off the coast of Ocean County on July 3, but on Tuesday a judge ruled in favor of Rutgers University, the University of Texas, and the National Science Foundation, the institutions conducting the testing with the stated goal of obtaining research data on climate change.

Shortly after news of the court ruling broke, the state Department of Environmental Protection issued a statement saying it would appeal the decision rendered Tuesday by U.S. District Court Judge Peter G. Sheridan, sitting in Trenton.

The state's appeal will be filed with the U.S. Third Circuit Court of Appeals in Philadelphia.

“This ruling is very disappointing to the administration, and could have a negative impact on the ocean and its wildlife,” DEP Commissioner Bob Martin said. “The DEP believes this research, which would use loud, powerful sound blasts to map the ocean floor, will likely have a detrimental effect on New Jersey’s fisheries and marine mammals. We must take no chances when it comes to protecting our ocean resources, our commercial and recreational fishing, and our state’s $40 billion tourism economy. A healthy ocean is vital to our residents, our visitors, and our businesses.”

Commercial and recreational fishermen, the boating industry and environmentalists have all raised concerns that the blasting could decimate fishing grounds and harass or kill marine mammals, such as endangered species. There have also been concerns that the data derived from the testing could be used by oil companies to justify a renewed push to drill off the Jersey Shore.

DEP contends that the National Oceanic and Atmospheric Administration failed to act properly when NOAA denied the DEP’s request to study fisheries impacts, the agency's statement said. The DEP’s Bureau of Marine Fisheries and Office of Environmental Review have both concluded the seismic activity would likely negatively impact New Jersey’s fish and marine mammal populations, including threatened and endangered species. The agency is also arguing that the proposed seismic research can either directly harm fish or disrupt migration patterns that will have a detrimental impact on our commercial and recreational fishing industry, especially since the testing is being done in the middle of the summer fishing and migration seasons.

The testing will involve air gun blasts 11,500 feet underground that will reach sounds of 250 or more decibels and occur every five seconds, 24 hours a day, for a month. The testing will occur over a 230 square mile swath of ocean between 15 and 50 miles off Barnegat Inlet.


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