NRDC et al: Important comments on Final EIR, Valero Crude By Rail

The Benicia Independent is in receipt of a letter sent to the City of Benicia Planning Commission by the Natural Resources Defense Council (NRDC) detailing the failure of the EIR to “adequately analyze, disclose and mitigate the [Valero Crude by Rail] Project’s significant environmental impacts.”

The letter has not yet been posted to the City’s website as of this writing.

NRDC, joined by experts, attorneys and advocates representing 18 other Bay Area environmental groups (listed below), also responds to the City of Benicia staff report.  The staff report recommended certification of the EIR and approval of the project.

The NRDC letter details at length the EIR’s various omissions and failures of law, logic and scientific method.  Comments are organized into sections on Air Quality, Environmental Justice, Hazards, Water Quality, Biological Resources  and “Additional Impacts Not Analyzed.”

The additional section on the Staff Report makes a lengthy and careful legal case against the City’s claim that federal law preempts Benicia from mitigating impacts or denying approval for the project.

In conclusion, the letter states, “Benicia Municipal Code 17.104.060, prohibits the City from approving a project that will be detrimental ‘to the public health, safety, or welfare of persons residing or working’ near the project, ‘to properties or improvements in the vicinity,’ or ‘to the general welfare of the city.’  For all the reasons stated above and in our prior comments, the Project will harm Benicians, other communities throughout the state, and our climate. The City should decline to certify the EIR and deny the permit for this Project.”  [emphasis added]

This important and powerful letter has nineteen signatories:

• Natural Resources Defense Council
• Communities for a Better Environment
• San Francisco Baykeeper
• Center for Biological Diversity
• Sierra Club
• Richmond Progressive Alliance
• ForestEthics
• Sierra Club SF Bay Chapter
• Bay Localize
• Community Science Institute
Benicians for a Safe and Healthy Community
• Crockett-Rodeo United to Defend the Environment
• Martinez Environmental Group
• Bay Area Refinery Corridor Coalition
• Sunflower Alliance
• Pittsburg Defense Council
• 350 Bay Area and 350 Marin
• Greenaction for Health and Environmental Justice
• Rodeo Citizens Association
• Asian Pacific Environmental Network

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