Attorney General letter may be terminal for ORCEM / Vallejo Marine Terminal

By Roger Straw, November 30, 2018
Nov. 7 2018 letter from Deputy Attorney General Erin Ganahl

Take heart, Vallejoans!  The letter sent to your City by the Attorney General may just do the trick.  (See Times-Herald Nov. 12 coverage.)

I remember back in Benicia’s crude-by-rail days, when Deputy Attorney General Scott Lichtig of Attorney General Kamala Harris’ staff wrote to the City of Benicia.  He wrote first in 2014 urging revision of an “inadequate”  Draft EIR, and again in 2016, defending the City’s right to deny a land use permit.  Lichtig advised our city leaders, “For Benicia to turn a blind eye to the most serious of the Project’s environmental impacts, merely because they flow from federally-regulated rail operations, would be contrary to both state and federal law.”

There were a LOT of us who worked long and hard to defeat Valero’s dangerous and dirty oil train proposal.  Local activists and folks from far and wide disagreed with City staff and Valero’s execs and highly paid attorneys.  We criticized, protested and sent volumes of comments over the course of 3 ½ years.  Scientific and environmental experts and friendly attorneys weighed in.  But it was eye-opening for everyone when the Attorney General’s office got involved.

But… note that the AG letter wasn’t enough.  It’s important here for us to not dwell on the past or get too optimistic.  Stay tuned via Fresh Air Vallejo and keep up the good work.

…because ORCEM/VMT wants to run 552 trucks a day up and down Lemon Street!  We stand in solidarity with residents, business owners and all of our neighbors in Vallejo.  And it’s important to realize that the truck exhaust will travel by air west to east, settling, surely, in Glen Cove and Benicia.

Let’s hope the Vallejo City Council has the backbone Benicia had in 2016, to DENY THIS PROPOSED CATASTROPHIC PROJECT!

Vallejo city manager critical of ORCEM / Marine Terminal’s deceptive paid advertisement

Repost from the Vallejo Times-Herald
[Editor –  Good news that Vallejo’s City Manager has raised eyebrows about ORCEM’S paid advertisement masquerading as news in the Times-Herald’s Nov. 22 edition.   View the Attorney General’s scathing 13-page letter.  Let’s hope the Vallejo City Council has the backbone Benicia had in 2016, to DENY THIS PROPOSED CATASTROPHIC PROJECT!  For more critical perspective, see Fresh Air Vallejo.  For official project documents, see Vallejo’s City website.   – R.S.]

Vallejo city manager addresses Orcem, VMT insert

By John Glidden, November 29, 2018 at 2:05 pm
Vallejo City Manager Greg Nyhoff

Vallejo City Manager Greg Nyhoff reiterated Tuesday night that a Final Environmental Impact Report (FEIR) being completed for a controversial south Vallejo project won’t be released until early next year.

Toward the end of the Vallejo City Council meeting, Nyhoff addressed the contents of a four-page advertising insert paid for by the project applicants and published in the Times-Herald on Nov. 22.

He took issue with a statement printed on top of the insert asserting that the FEIR being prepared for the Vallejo Marine Terminal, Orcem Americas project would be released “within a matter of days.”

“I just want to clarify — it looks like it’s official news. That’s not the case,” Nyhoff said to the councilors. “No — this report won’t be coming out within a matter of days.”

VMT and Orcem representative Sue Vaccaro said via email on Wednesday that the Times-Herald’s deadline to submit artwork for the insert was Nov. 9, several days prior to Nyhoff’s original announcement during the Nov. 13 council meeting that release of the FEIR would be delayed.

“By that time, due to the two weeks of lead time required in accordance with the newspaper’s specifications, there was not an opportunity to update that two-line reference,” Vaccaro wrote. “In short, we were acting in good faith based on the City Manager’s comments at the time the artwork was submitted for print … obviously, had we known what was coming out from the Attorney General’s Office and subsequent delay ordered by the City Manager, we wouldn’t have made that reference.”

However, in a phone interview on Thursday, Nyhoff disagreed, noting that despite previously saying in September that the FEIR would be released toward the end of November, both the city and applicants knew the report wouldn’t be released in November — even before the DOJ letter was sent to the city.

“Everyone still knew we weren’t going to meet that deadline,” Nyhoff explained. He said the city and consultants are still waiting to hear back from the Bay Area Air Quality Management District (BAAQMD), which is still reviewing information about the project.

Nyhoff said during the council meeting, and again on Thursday, that City Hall will also be looking into additional claims made in the insert, including the $1 million benefits program, and the Lemon Street maintenance program being offered by the applicants.

He said it’s important to make sure Lemon Street is going to be taken care of, due to the large volume of trucks trips — about 552 — expected daily. Nyhoff said analyzing truck traffic and its impact to surrounding streets near Lemon is also needed.

Earlier this month, the California Department of Justice sent city officials a 13-page letter warning that environmental documents, a draft final environmental impact report (DFEIR), an Environmental Justice Analysis (EJA), and Revised Air Analysis prepared for project are misleading and violate state law.

“The environmental documents for the project fail to provide adequate legal support for the City of Vallejo to approve the project,” Erin Ganahl, deputy attorney general for the State of California, wrote on behalf of state Attorney General Xavier Becerra. “The DFEIR fails to adequately disclose, analyze, and mitigate the significant environmental impacts of the project; the EJA improperly concludes that the project would not disproportionately impact low-income communities of color, and thus misleads decision makers and the public by minimizing the projects significant environmental justice concerns.”

The Vallejo Planning Commission voted 6-1 in 2017 to reject the VMT/Orcem project, agreeing with City Hall that the project would have a negative effect on the neighborhood, that it would impact traffic around the area and the proposed project was inconsistent with the city’s waterfront development policy. The project also has a degrading visual appearance of the waterfront, City Hall said at the time.

City officials argued in 2017 that since a rejection was being recommended, an FEIR was not required.

Orcem and VMT appealed the Planning Commission decision, and in June 2017, when reviewing the appeal, a majority of the council — Jess Malgapo, Rozzana Verder-Aliga, Hermie Suna, and Pippin Dew-Costa — directed City Hall to complete the impact report.

Once the FEIR is completed, Nyhoff previously said the report will be circulated for at least 60 days prior to the council taking up the appeal again.

Oil and gas production in California – Extraordinary?

Repost from Legal Planet

Guest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are

Facts About California’s Oil and Greenhouse Gas Emissions

Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, that bolster California’s case against the Administration’s threat to strip California of its clean car clout.

In 1967, then governor Ronald Reagan adopted statewide vehicle emissions regulations to address California’s severe air pollution. Shortly thereafter, when the federal Clean Air Act was adopted, California was granted a waiver to set its own tougher vehicle emissions standards. Over the decades, California has repeatedly ratcheted up these regulations to also include greenhouse gas (GHG) emissions. In order to maintain its waiver, California’s emissions standards must be deemed necessary to meet “compelling and extraordinary conditions.” Historically, these referred to the state’s unique meteorology, geography, population, and air pollution levels.

All of these still hold true: the sun shines strong, the weather is warm, mountains wall in emissions from cars and other sources, one in eight American drivers reside here, and the air is still very dirty.

But there are four more extraordinary circumstances, all relating to California’s oil resources, that need to be factored into the case for preserving and strengthening California’s clean car program.

These circumstances are bolstered by the fact that California’s gasoline and diesel markets are geographically isolated from other locations in the United States that produce refined products. As such, California is essentially self-sufficient, refining its own transport fuels. Little, if any, gasoline and diesel are obtained from outside the state to balance out supply with demand.

All of the oil California produces ends up in its own refineries, and this is not an environmentally-friendly affair, especially in a state that has taken the lead on clean air and climate change. According to the Oil Climate Index (OCI)—an open source tool (developed by Gordon and her partners at Stanford and the University of Calgary) that compares the climate impacts of global oils—extracting and refining oil in California is dirtier than anywhere else in the United States. Weakening California’s vehicle emissions standards will force Californians to consume more of the state’s dirty oil longer into the future. This will increase pollution levels and elevate risks to public welfare in the state with the nation’s worst air pollution—69 percent of counties had unhealthy air on 33 days last year.

California’s oil resources are extraordinarily strained

As Texas, North Dakota, New Mexico, and overall U.S. oil production rises, California production is in decline. Since 1985, California’s crude oil production has dropped steadily: the state now produces under 500,000 barrels per day, less than half of its output 30 years ago. California’s aging oil fields, unstable seismic geology, and tight environmental rules all work to limit oil production. Successfully running its oil refineries at their current capacity of 2 million barrels a day to meet Californians’ gasoline and diesel demands requires the state to feed the entirety of its domestic oil into its refineries and then import 70 percent more oil. If realized, Trump’s plan to weaken the state’s clean car standards would increase gasoline and diesel demand, exacerbating the state’s already-strained oil resources and further pressuring security of its energy supplies.

California’s oil resources are extraordinarily dirty

California’s oils have some of the largest carbon footprints worldwide. Producing, refining, and consuming a barrel of California oil emits more GHGs than other global barrels. For example, the state’s largest oilfield, Midway Sunset, is estimated to be more carbon intensive than Canada’s oil sands. California’s South Belridge and Wilmington fields are also among the highest-emitting in the nation. Trump’s plan would increase California’s GHG footprint, countering the state’s climate goals.

California’s oils are extraordinarily energy intensive

Aging oils in California require significant amounts of energy to extract and refine, much more than newer resources in North Dakota, the Gulf of Mexico, and elsewhere. Fossil fuels, like natural gas and diesel, provide these extra energy inputs. A barrel of California’s Midway Sunset oil, for example, uses one-third of its total energy just to extract and refine it into petroleum products like gasoline and jet fuel. Likewise, California’s complex refineries consume nearly five times more energy to turn the state’s oil into marketable products than simpler refineries. Much more manpower and money are spent bringing California oil to market than elsewhere in the country.

California’s oils are extraordinarily undocumented

Unlike other states and countries, California does not document its oil quality. The problem is that California’s oil resources are more dangerous to handle than most global oils. In 2011, for example, a California oil field worker was buried alive when the ground gave way as steam was being cycled through the oil field. California’s complex oil was documented long ago by the federal government, but recommendations for oil data transparency have gone unheeded for over a century. These large information gaps introduce new environmental risks for California.

California’s 30 million motor vehicles that far outnumber any other state are a major source of air pollution. Clean car rollbacks are a threat to the state’s environmental progress—and energy security. The state needs to fight hard to preserve its pioneering vehicle emissions standards on behalf of itself and several U.S. states and international provinces that have already adopted them. Beyond preserving the standards in place, state policymakers should also consider tightening their emissions standards if they are going to make real headway addressing climate change. In this historic fight, California can draw on its extraordinary status—namely its exceedingly dirty, depleting oils that are unusually energy intensive and fundamentally unknown.

Deborah Gordon is the director of the Energy and Climate Program at the Carnegie Endowment for International Peace and a senior fellow at the Watson Institute for International & Public Affairs at Brown University. Frances Reuland is Carnegie’s James C. Gaither Junior Fellow in the Energy and Climate Program.

A Grave Climate Warning, Buried on Black Friday

Repost from The Atlantic

In a massive new report, federal scientists contradict President Trump and assert that climate change is an intensifying danger to the United States. Too bad it came out on a holiday.

By Robinson Meyer, NOV 23, 2018

Firefighters battle the King Fire near Fresh Pond, California, in September 2014.
Firefighters battle the King Fire near Fresh Pond, California, in September 2014. NOAH BERGER / REUTERS

On Friday, the busiest shopping day of the year, the federal government published a massive and dire new report on climate change. The report warns, repeatedly and directly, that climate change could soon imperil the American way of life, transforming every region of the country, imposing frustrating costs on the economy, and harming the health of virtually every citizen.

Most significantly, the National Climate Assessment—which is endorsed by NASA, NOAA, the Department of Defense, and 10 other federal scientific agencies—contradicts nearly every position taken on the issue by President Donald Trump. Where the president has insisted that fighting global warming will harm the economy, the report responds: Climate change, if left unchecked, could eventually cost the economy hundreds of billions of dollars per year, and kill thousands of Americans to boot. Where the president has said that the climate will “probably” “change back,” the report replies: Many consequences of climate change will last for millennia, and some (such as the extinction of plant and animal species) will be permanent.

The report is a huge achievement for American science. It represents cumulative decades of work from more than 300 authors. Since 2015, scientists from across the U.S. government, state universities, and businesses have read thousands of studies, summarizing and collating them into this document. By law, a National Climate Assessment like this must be published every four years.

It may seem like a funny report to dump on the public on Black Friday, when most Americans care more about recovering from Thanksgiving dinner than they do about adapting to the grave conclusions of climate science. Indeed, who ordered the report to come out today?

It’s a good question with no obvious answer.


The report is blunt: Climate change is happening now, and humans are causing it. “Earth’s climate is now changing faster than at any point in the history of modern civilization, primarily as a result of human activities,” declares its first sentence. “The assumption that current and future climate conditions will resemble the recent past is no longer valid.”

At this point, such an idea might be common wisdom—but this does not make it any less shocking, or less correct. For centuries, humans have lived near the ocean, assuming that the sea will not often move from its fixed location. They have planted wheat at its time, and corn at its time, assuming that the harvest will not often falter. They have delighted in December snow, and looked forward to springtime blossoms, assuming that the seasons will not shift from their course.

Now, the sea is lifting above its shore, the harvest is faltering, and the seasons arrive and depart in disorder.

The report tells this story, laying simple fact on simple fact so as to build a terrible edifice. Since 1901, the United States has warmed 1.8 degrees Fahrenheit. Heat waves now arrive earlier in the year and abate later than they did in the 1960s. Mountain snowpack in the West has shrunk dramatically in the past half century. Sixteen of the warmest 17 years on record have occurred since 2000.

Houses lay submerged in floodwaters caused by Tropical Storm Harvey in Houston in August 2017. The National Climate Assessment warns that climate change will make catastrophic floods more likely. (Adrees Latif / Reuters)

This trend “can only be explained by the effects that human activities, especially emissions of greenhouse gases, have had on the climate,” the report says. It warns that if humans wish to avoid 3.6 degrees of warming, they must dramatically cut this kind of pollution by 2040. On the other hand, if greenhouse-gas emissions continue to rise, then the Earth could warm by as much as 9 degrees by 2100.

“It shows us that climate change is not a distant issue. It’s not about plants, or animals, or a future generation. It’s about us, living now,” says Katharine Hayhoe, an author of the report and an atmospheric scientist at Texas Tech University.

The report visits each region of the country, describing the local upheavals wrought by a global transformation. Across the Southeast, massive wildfires—like those seen now in California—could soon become a regular occurrence, smothering Atlanta and other cities in toxic smog, it warns. In New England and the mid-Atlantic, it says, oceanfront barrier islands could erode and narrow. And in the Midwest, it forecasts plunging yields of corn, soybeans, wheat, and rice.

Its projections of sea-level rise are just as ominous. If carbon pollution continues to rise, a huge swath of the Atlantic coast—from North Carolina to Maine—will see sea-level rise of five feet by 2100. New Orleans, Houston, and the Gulf Coast could also face five feet of rising seas. Even Los Angeles and San Francisco could see the Pacific Ocean rise by three feet.

Even if humanity were to reduce the burning of fossil fuels, the report forecasts that New Orleans could still see five feet of sea-level rise by 2100.

Andrew Light, another author of the report and a senior fellow at the World Resources Institute, said that although the report cannot make policy recommendations, it might be read as an endorsement of the Paris Agreement on climate change.

“If the United States were to try and achieve the targets in the Paris Agreement, then things will be bad, but we can manage,” he said. “But if we don’t meet them, then we’re talking about hundreds of thousands of lives every year that are at risk because of climate change. And hundreds of billions of dollars.”


If you think the Friday after Thanksgiving seems like an odd day to publish such a major report, you’re right. The assessment was originally scheduled to be released in December at a large scientific conference in Washington, D.C. But earlier this week, officials announced that the report would come out two weeks early, on the afternoon of Black Friday. When politically inconvenient news is published in the final hours of a workweek, politicos call it a “Friday news dump.” Publishing a dire climate report in the final hours of Black Friday might be the biggest Friday news dump of them all.

So who ordered such a dump? During a press conference on Friday, the report’s directors in the government repeatedly declined to say. “It’s out earlier than expected,” said Monica Allen, a spokeswoman for NOAA. “This report has not been altered or revised in any way to reflect political considerations.”

Yet the change in scheduling took the report’s authors by surprise. John Bruno, an author of the report and a coral biologist at the University of North Carolina, told me that he only learned last Friday that the report would be released today. “There was no explanation or justification,” he said. “The [assessment] leadership implied the timing was being dictated by another entity, but did not say who that was.”

Hayhoe told me she only learned on Tuesday that the report would be released on Friday. At the time, she was preparing three pies for a family Thanksgiving. She put the pies aside and picked up her laptop  to submit any final revisions to the document.

The White House did not respond directly when asked who had ordered such a change. It also did not respond directly when asked if the report would lead President Trump to reconsider his beliefs.

But a White House spokeswoman did send me a lengthy statement saying that “the United States leads the world in providing affordable, abundant, and secure energy to our citizens, while also leading the world in reducing carbon-dioxide emissions.” (This is only true if you start counting in 2005, when U.S. emissions peaked.) The spokeswoman said this new assessment was based on the “most-extreme scenario,” and promised any future report would have a “more transparent and data-driven process.”

Not that Hayhoe ever had high expectations about President Trump’s reaction to the report. “It wasn’t the hope that the federal government would look at it and go, ‘Oh my goodness! I see the light,’” she told me.

Rather, she said, she hoped the report would inform the public: “This isn’t information that’s only for the federal government. This is information that every city needs, every state needs, increasingly every business needs, and every homeowner needs. This is information that every human needs.”

“It’s not that we care about a 1-degree increase in global temperature in the abstract,” she said. “We care about water, we care about food, we care about the economy—and every single one of those things is being affected by climate change today.”