Tag Archives: San Francisco Baykeeper

Benicians for a Safe and Healthy Community, Draft EIR, Valero Crude By Rail

Benicia Valero Crude-by-Rail comment period closes with a landslide of criticism

By Roger Straw

The Benicia Independent makes it easier for you to read comments of INDIVIDUAL state and regional agencies and organizations. See our updated Project Review page (or just see below).

Something UNUSUAL happened in Benicia on September 15, the final day of the public comment period on the Draft EIR on Valero’s Crude By Rail proposal. I understand that opponents of a project will almost always wait until the last day to submit public comments. But not only did a remarkable NUMBER of critical comments arrive in the City of Benicia’s inbox on September 15 – there was a dramatic landslide of comments from significant governmental agencies and environmental organizations, including…

Also highly significant on September 15 were written comments from four of Benicia’s Planning Commissioners: Steve Young, George Oakes, Susan Cohen Grossman and Belinda Smith.

Prior to September 15, the City also received critical comments from the

These documents are also downloadable from Project Review.

Crude By Rail, Draft EIR, Valero Benicia Refinery

Highly critical reviews at close of public comment period: Valero DEIR fatally flawed

Check out these AMAZING critiques of Valero’s Draft EIR.

Here in Benicia on Friday, September 15, the final day of the public comment period, we congratulated Benicians For a Safe and Healthy Community’s DEIR subcommittee for their extraordinary effort – it’s long, but you have to at least scan through it a bit.  Incredible detail and thoroughness, representing untold hours of expert volunteer labor!

If that wasn’t enough, as the day went by we were astounded when we received copies of critical comments from nearby environmental groups.  In light of these studies, no one will be surprised if the City and Valero choose to re-write and recirculate the document.  Some are saying Valero might simply withdraw the proposal.  These highly technical reviews are overwhelming, and prove beyond a shadow of a doubt that Valero’s DEIR is fatally flawed.  See below…  (note: many of these are very large downloads – please be patient!)

A number of individuals also submitted comments and questions at the close of the comment period.  These will be made available on our Project Review page when they are collated and published by the City.

Crude By Rail, Federal Regulation (U.S.), Local Regulation, State regulation

Letter from railroad attorneys to Governor Brown: in effect, ‘You can do nothing’

Letter from Union Pacific & BNSF attorneys to Governor Brown

By Roger Straw, Editor, The Benicia Independent

On September 15, 2014, San Francisco Baykeeper offered highly critical comments to the City of Benicia on Valero’s Draft EIR. With their comments, Baykeeper attached a VERY interesting letter from attorneys for the two railroads that operate in California, claiming that preemption under The Federal Rail Safety Act and the Interstate Commerce Commission Termination Act render the State of California pretty much helpless in protecting against oil spill prevention and emergency response.

The letter specifically holds that the Federal Clean Water Act is useless as a preemption workaround.

Addressed to Dana Williamson, Cabinet Secretary in Governor Brown’s office and dated July 3, 2014, the letter addresses issues discussed in a June 18, 2014 meeting between Ms. Williamson and the lawfirm Latham & Watkins.   The letter is signed by Maureen E. Mahoney of Latham & Watkins LLP, Counsel for Union Pacific Railroad Co. and BNSF Railway Co.

Note that this document is lawyer-talk, and I am not versed in legalese, so I hope my interpretation in the previous paragraph is accurate.  I’m advised by a local activist attorney that the document is significant, so am posting it here to highlight the rail industry’s views and their efforts to influence decision-makers in Benicia and elsewhere in California.