Key Takeaways

• New Jersey lawmakers have taken a long-term, precautionary approach toward hydraulic fracturing.
• Environmental and public health risks played a central role in shaping state policy decisions.
• Neighboring states’ experiences influenced New Jersey’s legislative response.
• Initial vetoes and temporary measures eventually led to a permanent statewide ban.
• The ban reflects bipartisan support and remains in effect today.

Attorney and government affairs executive Martin J. Milita has spent decades working at the intersection of public policy, regulatory advocacy, and business leadership in New Jersey. Drawing on experience across both the public and private sectors, Martin J. Milita has advised corporations, public agencies, and nonprofit organizations on legislative and executive branch strategy, environmental permitting, and government relations.

His career includes leadership roles with Duane Morris Government Strategies LLC, Holman Public Affairs LLC, and Fiore Group Companies, Inc., where he managed complex regulatory environments and operational oversight. With a background as a New Jersey Deputy Attorney General and extensive work in environmental and infrastructure matters, his professional experience provides relevant context for examining how state lawmakers address environmental risks associated with energy development, including hydraulic fracturing.

New Jersey Legislators Take Action on Fracking

New Jersey legislators have taken decisive action against the drilling process known as hydraulic fracturing, or fracking, over the past 14 years. Drillers combine as many as 750 chemicals with water and inject this mixture into shale beds deep underground, causing the shale to crack and release the trapped natural gas.

The process has significant environmental consequences, as the natural gas and water mixture used contains many harmful chemicals. These can travel through minute cracks in the rocks into aquifers, or underground sources of drinking water. Additionally, blowback, or water flowing back out of the well, presents an issue, and spills from trucks and tanks are not uncommon.

Fracking also presents air contamination issues, as on-site combustion processes, such as flaring and burning off excess natural gas, can generate airborne toxic chemicals. Operators often don’t need to follow requirements that require them to divulge just what chemicals they are using. It presents members of the public living in affected areas with dangers they’re unaware of. A seminal 2019 review study focused on upstream oil and gas development and hazardous air pollutants (HAPs). It revealed that excessive HAPS, presenting cancer and non-cancer health risks, are often found at development sites.

With these and other fracking-related issues in mind, New Jersey’s neighbor across the Delaware River, Pennsylvania, has witnessed a hydraulic fracturing boom in its Marcellus Shale formation. This geological formation, which spans from West Virginia to New York State, contains an estimated 141 trillion cubic feet of natural gas.

By 2012, Pennsylvania had already generated an estimated 1.3 billion gallons of contaminated wastewater from fracking activities. In one noteworthy incident, following the discharge of fracking wastewater into the Monongahela River from sewage treatment plants, the state issued an advisory that left 325,000 people across the Pittsburgh area with no safe tap water to drink for over a week.

New Jersey lies on top of the Newark Basin, which extends from Bergen County in the north to Mercer County in the state’s central region. Additionally, the Utica Shale rock formation, which underlies the Marcellus Shale formation, extends from northwestern New Jersey to Eastern Ohio and contains as much as 5.5 billion barrels of oil and 15.7 trillion cubic feet of natural gas. Although not currently slated for extraction activities, this formation may become commercially viable in the future.

In response to these issues, the New Jersey State Legislature passed the bipartisan Senate Bill 2576 in 2011. It aimed to place a permanent ban on fracking statewide. Governor Chris Christie vetoed the measure, offering in its place a one-year moratorium on fracking. According to Christie, the Environmental Protection Agency (EPA) and the Department of Environmental Protection needed to thoroughly evaluate the safety of fracking before taking further action.

The governor’s moratorium expired on January 17, 2013, after which the state lacked fracking laws for several years. In 2017, the NJ Senate Environment and Energy Committee voted 4-1 to move a bill forward that would place a permanent moratorium on hydraulic fracturing. The New Jersey League of Conservation Voters voiced its support for the popular measure, which passed 30-5 in October 2018 and remains in effect to this day.

FAQs

What is hydraulic fracturing?

Hydraulic fracturing is a drilling process that uses pressurized chemical mixtures to extract natural gas from shale formations. The technique involves injecting water, sand, and chemicals deep underground to release trapped energy resources.

Why did New Jersey oppose fracking?

Lawmakers cited risks to water quality, air safety, and public health as major concerns. Scientific studies and incidents in other states reinforced fears about long-term environmental damage.

Did New Jersey ever allow fracking?

No, the state implemented moratoriums that ultimately led to a permanent ban. These temporary measures were designed to allow further environmental review before final legislative action.

How did neighboring states affect New Jersey’s decision?

Environmental incidents and wastewater contamination in nearby states highlighted potential risks. These examples helped New Jersey lawmakers anticipate similar consequences within their own borders.

Is fracking still banned in New Jersey?

Yes, the permanent statewide ban remains in effect today. The law reflects continued bipartisan support for prioritizing environmental and public health protections.

About Martin J. Milita

Martin J. Milita is an attorney and government affairs professional with extensive experience in regulatory advocacy, public policy, and corporate leadership. He has held senior roles with Duane Morris Government Strategies LLC and Holman Public Affairs LLC, advising clients on legislative strategy, environmental permitting, and government relations. Earlier in his career, he served as CEO of Fiore Group Companies, Inc. and as a New Jersey Deputy Attorney General. His background spans public service, legal practice, and executive management.