Author: kchang

The state has elevated its drought watch status to a drought warning.

Gov. Phil Murphy and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette joined state and water utility officials at a virtual press conference on Nov. 13 to update residents on the state’s record-breaking dry spell and wildfire response.

“This is not just in New Jersey, but across the entire Northeast,” Murphy said. “As a result of these unseasonably dry conditions, we have seen a series of wildfires break up and down our state, and the numbers are frankly staggering.”

Since early October, the New Jersey Forest Fire Service has responded to 537 fires, 500 more than the state saw during the exact same period last year.

Murphy said he has been speaking to and communicating with the same representatives who attended the press conference and with mayors, most recently from Pompton Lakes, Evesham and West Milford. While fires in the first two are under control, West Milford “is still in the thick of it,” the state indicated.

In Evesham, a 14-year-old boy was charged in connection with a forest fire that burned 52 acres of land near Sycamore Drive and the Berlin Township border on Oct. 30, according to police. The blaze was one of two wildfires that erupted in the area – the other was reported on Nov. 7 – and fire officials are investigating if the two are connected. The fires burned more than 400 acres of land, according to reports.

“We have been fortunate that no structures were consumed by the fire and no one was seriously injured or killed as a result of these fires,” Evesham Police Chief Walt Miller noted in a township message.

The governor recognized the state forest fire service and members of local fire departments for providing an “incredibly dangerous” service. That came to light on Nov. 9, when an employee of the New York State Parks System, Daniel Vasquez, died while fighting the wildfire in West Milford.

“I speak for all New Jersey in sending our condolences and prayers to his family,” Murphy said. “We are incredibly grateful for his service and for his willingness to protect both New York and New Jersey from these deadly fires.”

Given the drought warning, the governor explained that residents need to conserve water, since unseasonably dry conditions are expected to stretch into the winter months.

“This is not the time to be lighting more fires either; we simply cannot risk it,” Murphy emphasized, adding the state’s drought is just one example of how a changing climate is impacting the state today. “Please leave outdoor fire pits and grills untouched for the time being.”

A drought warning condition is an administrative tool that impacts supply side actions, not sewer side actions, LaTourette explained.

“The warning enables DEP to order changes to passing flows and streams, reservoir releases and other actions by water utilities to preserve and balance supplies between systems and prevent the need to restrict on the consumer side,” he pointed out. “We are not yet at the most severe status; that would be a drought emergency.

“We are trying through these actions to prevent that.”

The drought warning indicates the clear actions the state is taking to preserve available supplies and better position itself to help reservoir systems fill back up to meet demands in the warmer months.

“It is so critical … our residents take extra care to conserve water,” LaTourette warned.

The last state drought watch issued was in August 2022. There hadn’t been a drought warning condition since October 2016, and it persisted for more than a half a year, LaTourette said.

Greg McLaughlin as state administrator of Natural Lands and Forests, oversees the forest fire service under the leadership of state fire warden and Chief William Donnelly. He said the conditions faced by the DEP’s Forest Fire Service this fall “are unprecedented.”

“The drought is affecting ground moisture and impacting fuels on the forest floor of leaf litter and the pine needles,” he noted. “In terms of how that relates to wildfire, (the fire service) uses a national standard called the Keetch-Byram Drought Index (KBDI) … This scale measures the dryness of the fuels on the forest floor, which includes pine needles, branches and twigs.”

The scale reaches 800 at its maximum; the (drought index) now measures 748.

“These numbers have never been seen by the forest fire service in our 118-year history,” McLaughlin said, noting the 800-scale maximum indicates the soil is dry 8 inches into the ground. It would require 8 inches of water to bring that same soil back to complete saturation.

And although the state welcomed some rain on Nov. 10, officials said it was nowhere enough to ease the state’s drought.

“The impact of this dryness on wildfires cannot be overstated,” McLaughlin observed, while noting the Tea Time Hill Wildfire at Wharton State Park in Burlington County caused by July fireworks continues to “smolder, smoke and burn.”

“This fire will continue to burn through this leaf litter, through roots, and when the opportunity comes for the fire to find an air pocket or perhaps a dead tree, it comes back above ground again,” he added. “This a big concern for our agency, as we have to monitor these fires for periods of weeks and months.

“Thus, while we may declare a fire 100% contained, it doesn’t mean the fire is completely out.”

The state has had almost 550 wildfires since 2000. The annual number has been exceeded this year by almost 30%.

“If we look at the acres burned, during that same average period since 2000, it almost tripled the number of acres burned from 4,000 to 11,000,” McLaughlin said.

The NJDEP has 10 simple steps for residents to save water:

• Reduce usage by 65% and use a commercial car wash instead of washing your car at home.
• Postpone water intensive yard work, like reseeding your lawn, until conditions improve.
• Sweep patios, driveways and sidewalks; never hose paved surfaces.
• Fix leaks around your home and with your irrigation system.
• If you are still watering your plants, lawns and gardens – since they require less water – use a rain barrel or watering can.
• Install low-flow showerheads, faucets and toilets.
• Take 5-minute showers.
• Turn off water while brushing teeth.
• Run your washing machine and dishwasher only when full.
• Raise lawnmower blades to at least 3 inches to promote deeper grass roots that better hold water.

For additional water conservation tips, visit dep.nj.gov/conserve-water/. For more information on the drought status, go to dep.nj.gov/drought.

The New Jersey Attorney General’s Office has filed a complaint against Virtual Health Inc. and the network of hospitals it runs in Voorhees, Mount Holly, and Camden alleging discrimination against patients based on pregnancy and sex, according to Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR).

The complaint filed in Camden County Superior Court against Virtua Health, Inc., Virtua-West Jersey Health System, Inc., Virtua-Memorial Hospital Burlington County, Inc. and Virtua Our Lady of Lourdes Hospital, Inc. on Sept. 26 alleges that Virtua has had a policy since 2018 of universal drug testing for all pregnant patients arriving at its hospitals for inpatient admission to its Labor and Delivery or High-Risk Obstetrics Units. As the complaint explains, Virtua has no comparable policy for non-pregnant patients being admitted to its hospitals for inpatient care, and Virtua does not subject any other category or class of patients to universal drug testing upon inpatient admission to its hospitals, according to a press release through the New Jersey Attorney General’s Office.

The complaint against Virtual Health Inc. arose out of verified complaints filed with DCR by several pregnant women who gave birth at Virtua Voorhees Hospital.

The complaint alleges that Virtua’s differential treatment of pregnant patients violates the New Jersey Law Against Discrimination (LAD) and that its mandatory drug testing policy causes significant harm to pregnant patients. As the complaint notes, accepted standards of medical care recommend against universal drug testing of pregnant patients, in part because of the high rate of false positive drug test results. And when Virtua’s mandatory testing results in a positive drug test for any pregnant patient, even when the positive test occurs only because the patient ate a poppy seed bagel, Virtua automatically reports them to the Division of Child Protection and Permanency (DCP&P) for possible child abuse or neglect.

As a result of Virtua’s universal drug testing policy, Virtua’s hospitals in Voorhees, Mount Holly, and Camden account for a disproportionately high share of statewide reports to DCP&P for possible child abuse, according to the complaint. There are 46 hospitals in New Jersey that reported making referrals to DCP&P concerning substance-affected newborns. According to DCP&P data, however, the three Virtua hospitals in Voorhees, Mount Holly, and Camden collectively accounted for nearly one quarter of all such referrals to DCP&P statewide in 2021, 2022, and 2023.

For example, the complaint alleges that in 2022, these three Virtua hospitals collectively accounted for 24.2% of the reports DCP&P received of substance-affected newborns from hospitals statewide, even though New Jersey Department of Health data shows that these three hospitals accounted for only 9.4% of all hospitalizations for deliveries statewide.

In addition to Virtua’s mandatory drug testing policy, the complaint alleges that Virtua’s staff regularly fail to obtain informed consent from pregnant patients prior to administering a drug test. While Virtua’s drug testing policy mandates that hospital staff obtain informed consent from all pregnant patients prior to mandatory drug testing, in practice Virtua’s staff regularly deviate from that policy. DCR’s investigation revealed that multiple pregnant patients were subjected to Virtua’s mandatory drug testing without providing informed consent.

As alleged, Virtua’s practice of failing to obtain informed consent violates the LAD because Virtua does not maintain similar practices for non-pregnant patients. The complaint also seeks relief against Virtua under the New Jersey Civil Rights Act, alleging that Virtua’s conduct violates pregnant patients’ fundamental right to privacy and state law regarding informed consent.

“In parts of our country, the rights of pregnant individuals are being eroded,” Platkin said. “This action illustrates our commitment ensuring that doesn’t happen in New Jersey.

“Whether it means preserving the right to reproductive freedom or ensuring that a pregnant person doesn’t undergo tests or procedures without their knowledge and consent, we will defend our residents’ rights.”

The state seeks, among other things, an injunction to stop Virtua from requiring universal drug testing for pregnant patients, as well as civil penalties against the hospital system. The state also seeks compensatory damages to all aggrieved parties, including named and unnamed victims, for humiliation, emotional distress, and mental pain and anguish caused by Virtua’s discriminatory conduct.

On Virtua Health’s website, it states that it “complies with the New Jersey LAD” and it “does not discriminate, exclude people, or treat them differently on the basis of …. pregnancy or breastfeeding, sex … .”

Daniel Moise, spokesperson for Virtua Health Inc., released a statement following the complaint.

“We hold the safety and well-being of each patient paramount, especially our newborns. We have a relentless commitment to evidence-based, equitable care for every family, additionally meeting the highest standards of regulatory compliance. While it’s our policy to respectfully withhold comment on ongoing legal matters, we are steadfast in continuing to create safe, exceptional maternity experiences for thousands of South Jersey families each year.”