Take action: Protect California’s communities from explosive oil trains
Last month, decision-makers voted unanimously to reject a proposed crude-by-rail project at the Valero oil refinery in Benicia because it “would be detrimental to the public health, safety, or welfare” of Benicians and communities along the oil train routes. It was the right decision — projects like these, which put more than five million Californians within the blast zones of explosive oil trains, are not worth the risk.
But the oil company behind this project is appealing this decision to the Benicia City Council — so we need to speak out to protect communities like Benicia, Truckee, Davis, and Sacramento, that would be put at risk if this project moves forward.
On February 11, we won a tremendous victory against Valero’s Crude by Rail proposal when the Benicia Planning Commission unanimously rejected approval of the land use permit that would have allowed construction of a rail terminal on Valero property and the daily off-loading of two 50-car trains carrying domestic shale oil and/or Canadian tar sands. Valero took no time in appealing the decision.
Final approval of the project lies with the Benicia City Council. At their first hearing on this proposal on March 15, Valero surprised everyone with their request that the City Council delay consideration of their appeal of the Planning Commission’s decision. This would allow them time, they argued, to petition the federal Surface Transportation Board (STB) for the agency’s perspective on the scope of federal preemption law governing rail operations. They admitted the delay could take at least three months.
Valero is using the Benicia Crude by Rail project as a test case to drastically expand the range of federal preemption of rail regulation. They are claiming that all activity associated with property with rail spurs, such as the off-loading of crude on Valero property, is covered by federal preemption and thus completely exempt from local and state control. Federal preemption means that all California Environmental Quality Act (CEQA) requirements would be superseded. And effects on uprail communities could not be considered at all.
“Make no mistake,” writes Benicia activist Marilyn Bardet, “Valero hopes to bank on setting a precedent, right here in Benicia, that would affect municipalities of every size and stripe across California and the U.S. seeking to protect their communities from the risks of dangerous oil trains plowing through their urban cores and rural landscapes.”
Public hearings will continue on April 4, extending to April 6 and 19, if necessary. We are still not exactly sure what will happen in the April 4 hearing. But we need to show our strength again to make sure the City Council eventually votes with the Planning Commission and in the public interest.
Please come to the April 4th council hearing to voice your concern:
to support the authority and requirements of CEQA—for the public’s right to full disclosure of impacts, for enforceable mitigations and feasible project alternatives;
to support the Benicia Planning Commission’s consensus judgment resulting in a unanimous vote to deny certification of the Final EIR and deny the project permit;
to support Benicia’s authority to protect its health and safety and uphold the Benicia General Plan;
to deny Valero’s appeal and audacious corporate attempt to interfere in local politics for their own gain.
We must stand with Benicia in fighting this attack on local democracy.
This is a video clip of the closing comments of each of the Benicia Planning Commissioners followed by their unanimous vote on February 11, 2016. This clip runs for about 1:20 minutes. (On the City’s longer and unindexed video, this clip begins at 3:38:30 on 2/11/16 and runs to the end. Note that the video archive of the entire meeting can be found on the City of Benicia website at ci.benicia.ca.us/agendas.)
Public Comments opposed to Valero’s Crude by Rail Project
On February 9th and 10th during the Benicia Planning Commission hearings on the Final Environmental Impact Report for Valero’s Crude by Rail proposal, the public spoke. This video contains extracts of those who opposed the project.
This 1½-hour segment shows many, but far from all of the nearly 50 who spoke against Valero’s dangerous and dirty oil train proposal on Feb. 9-10. The video begins with the formal presentation of Benicians For a Safe and Healthy Community, by Marilyn Bardet and Andrés Soto.
The full video of all four Feb. 8-11 Planning Commission meetings can be found at the City’s website, Agendas & Minutes.
