Gov. Chris Christie’s administration was turned down this week in its bid to sidestep federal rules that have tripped up rebuilding plans for some superstorm Sandy victims. The U.S. Department of Housing and Urban Development says it’s not possible to waive environmental reviews and other requirements for grant applicants under the state’s Rehabilitation, Reconstruction, Elevation and Mitigation Program.
Here’s why:
- The regulations and guidelines are part of law. Laws can’t be waived. If Congress enacts a carve-out for New Jersey, that’s another story, but that’s unlikely in the current Washington political climate.
- The White House Council on Environmental Quality has regulations that also can’t be waived by HUD, including actions that could have “an adverse environmental impact.’’
- The feds demand that recovery money disbursement is tied to environmental reviews that ensure that the action does not “have adverse impacts or limit alternatives.’’
- Construction that “does not meet elevation requirements’’ must be “undone,’’ which would spend down resources with no benefit to the recovery.
- The Federal Emergency Management Agency (FEMA) has also indicated a reluctance to fund any project where HUD reimbursement has occurred without regard to environmental concerns.
Source: Letter from Yolanda Chávez, HUD deputy assistant secretary for grant programs, to state DCA Commissioner Richard Constable.
