Category Archives: Earthjustice

Bakersfield oil train projects declared dead by county supervisors

Repost from Bakersfield.com

County supervisors declare end to moot oil project approved in 2014

BY JOHN COX, Jan 22, 2019
oiltrain
One hundred tanker cars formed a mile-long train waiting to be unloaded in this 2014 file photo at the Bakersfield Crude Terminal near Taft. The train carried about 70,000 barrels of oil, or about 3 million gallons. The facility was designed to handle two such trains per day. A similar oil-train terminal was approved in 2014 for the former Big West refinery on Rosedale Highway but never built. JOHN COX / The Californian

A pair of controversial oil projects killed years ago by poor market conditions was finally declared dead last week by the Kern County Board of Supervisors.

The projects, valued at $170 million, were supposed to transform the former Big West refinery on Rosedale Highway, in one case by turning it into a rail terminal that was supposed to take in two mile-long trains, or 150,000 barrels, per day of crude from across the continent. The related project would have upgraded the 67,000-barrel-per-day refinery, which has not operated since 2012.

After the board voted unanimously to approve the project Sept. 9, 2014, the plan came under legal attack by environmental groups that considered it polluting and dangerous. Prior to the vote there was a series of rail accidents in which trains carrying oil from North Dakota derailed and exploded, in one case killing nearly four dozen people in Canada. The Bakersfield project wasn’t limited to receiving only oil from North Dakota, which was considered uniquely volatile.

The environmentalists ultimately prevailed in court and, as part of a settlement released Sept. 19, a judge ordered the board to rescind its approval of the projects. Supervisors did so Tuesday by signing off on a consent-agenda list that included the oil projects.

Refining industry observers have said the projects likely would not have proceeded anyway. When oil prices plummeted in 2014, there was no longer enough operating margin — and apparently still isn’t — to cover the cost of transporting huge amounts of oil across the country. Separately, the company that proposed the project, Houston-based Alon USA, now part of Delek US Holdings Inc., headquartered in Tennessee, opted not to move forward with a broader overhaul of the refinery.

Environmental groups said the projects’ official end ensures local residents won’t be harmed by refining emissions or oil-train explosions.

“Families throughout Kern County can breathe easier knowing that this ill-conceived, extremely dangerous project has been stopped,” Angela Johnson Meszaros, an attorney with the environmental group Earthjustice, said in a news release.

Share...

    Earthjustice map: Crude-by-rail Across America

    Repost from Earthjustice.org
    [Editor: I’m reposting this map today – it was recently updated and still highly relevant.  Earthjustice’s map shows Major Crude-by-Rail Accidents since 2012 (Red Symbols) and communities opposing Crude-by-Rail (Green Symbols).  – RS]

    More crude oil was spilled in U.S. rail incidents in 2013, than was spilled in the nearly four decades since the federal government began collecting data on such spills.

    Since late 2012, as hydraulic fracturing and tar sands drilling created a glut of oil, the industry has scrambled to transport the fossil fuel from drill sites to the east and west coasts, where it can potentially be shipped overseas to more lucrative markets.

    The increase in oil rail traffic, however, has not been matched with increased regulatory scrutiny. Oil trains are not subject to the same strict routing requirements placed on other hazardous materials; trains carrying explosive crude are permitted to pass directly through cities—with tragic results. A train carrying Bakken crude oil derailed in the Quebec town of Lac-Mégantic on July 6, 2013, killing 47 people in the small community.

    In the absence of more protective regulations, communities across the country are beginning to take matters in their own hands.

    Legal Cases

    Earthjustice represents groups across the country, fighting for protections from crude-by-rail:

    FAQs: About Crude-By-Rail

    Q. What are DOT-111s?

    DOT-111s are rail cars designed to carry liquids, including crude oil, and have been in service in North America for several decades. They are prone to punctures, oil spills, fires and explosions and lack safety features required for shipping other poisonous and toxic liquids. As crude production in the United States has surged exponentially in recent years, these outdated rail cars have been used to transport the crude oil throughout the country.

    The U.S. and Canadian government recognized decades ago that the DOT-111s were unsafe for carrying hazardous materials, finding that the chance of a “breach” (i.e., loss of contents, potentially leading to an explosion) is over 50% in some derailment scenarios.

    U.S. and Canadian safety investigators have repeatedly found that DOT-111s are unsafe and recommended that they not be used for explosive or hazardous materials, including crude oil; however, the U.S. government’s proposal to phase out these rail cars fails to take sufficient or immediate action to protect the public.

    Q. What is Bakken crude oil?

    Bakken crude refers to oil from the Bakken shale formation which is primarily in North Dakota, where production has skyrocketed in recent years due to the availability of newer hydraulic fracturing (“fracking”) techniques. The increase in the nation’s output of crude oil in 2013, mostly attributable to Bakken production, was the largest in the nation’s history.

    Bakken crude is highly flammable, much more so than some crude oils. Today, Bakken crude moves in “unit trains” of up to 120 rail cars, as long as a mile and a half, often made up of unsafe DOT-111s.

    Q. Are there alternative tank cars available?

    Transporting Bakken crude by rail is risky under the best of scenarios because of its flammability. But legacy DOT-111s represent the worst possible option. All new tank cars built since October 2011 have additional some safety features that reduce the risk of spilled oil by 75%. Even so, safety investigators, the Department of Transportation, and the railroad industry believe tank cars need to be made even safer. Some companies are already producing the next-generation rail cars that are 85% more crashworthy than the DOT 111s. Petitioners support the safest alternatives available, and expect that the ongoing rulemaking process will phase out all unsafe cars.

    In the meantime, an emergency prohibition on shipping Bakken crude in DOT-111s—which virtually everyone acknowledges is unreasonably dangerous—is required immediately. (Read about the formal legal petition filed on July 15, 2014.)

    Q. What steps have U.S. and Canadian governments taken?

    The U.S. government recognizes that Bakken crude oil should not be shipped in DOT 111 tank cars due to the risks, but has done shockingly little to limit their use.

    In May 2014, the DOT issued a safety alert recommending—but not requiring—shippers to use the safest tank cars in their fleets for shipments of Bakken crude and to avoid using DOT 111 cars. Canada, in contrast, responded to the Lac Mégantic disaster with more robust action. It required the immediate phase-out of some DOT-111s, a longer phase-out of the remainder, and the railroads imposed a surcharge on their use to ship crude oil in the meantime.

    In the absence of similar standards in the U.S., the inevitable result will be that newer, safer cars will be used to ship crude in Canada—while the U.S. fleet will end up with the most dangerous tank cars.

    Share...

      Enviros Sue California State Lands Commission Over Tesoro Terminal Lease

      Repost from Law360

      Enviros Sue Calif. Land Agency Over Tesoro Terminal Lease

      By Juan Carlos Rodriguez, April 20, 2015, 5:59 PM ET

      New York — Two environmental groups on Friday sued the California State Lands Commission for allegedly renewing Tesoro Refining and Marketing Co.’s lease at an oil receiving facility near San Francisco bay without adequately considering the business’ impacts on the surrounding area.

      The Center for Biological Diversity and Communities for A Better Environment alleged the CSLC violated the California Environmental Quality Act in March when it renewed the 30-year lease for Tesoro’s Avon Marine Terminal. The CSLC’s Final Environmental Impact Report was faulty for a variety of reasons, including that it doesn’t specify what kind of oil will be imported to the terminal, the petition for a writ of mandate said.

      It said the Avon Terminal imports crude oil feedstocks to Tesoro’s nearby Golden Eagle Refinery and exports refined petroleum products, like gasoline, diesel, and jet fuel.

      “The EIR for the Avon Terminal fails as an informational document as it is conspicuously silent about the types of crude oil feedstocks that will be handled at the terminal and the additional risks that may be created by Tesoro’s plans to process lower quality and heavy crudes at the Golden Eagle Refinery,” the petition said.

      It said that Tesoro plans to process increasing quantities of lower quality crude oil feedstocks at the Golden Eagle Refinery, including Bakken crude. The environmental groups said transporting and processing Bakken crude creates numerous health and safety risks because it’s highly volatile and is dirtier than most other crude feedstocks, releasing high levels of benzene, volatile organic compounds, and toxic air contaminants when processed.

      The Avon Terminal EIR is deficient in other ways as well, according to the groups. They said that in analyzing the environmental effects of renewing the Avon Terminal lease, the EIR considers only the Avon Terminal’s effects and fails to consider the combined effects of Tesoro’s integrated facilities, including those of the refinery and another nearby terminal.

      “This artificial isolation of the Avon Terminal improperly masks the full extent of the effects of Tesoro’s integrated refinery operations,” the petition said.

      The EIR also underestimates the annual number of ships that will dock at the relicensed Avon Terminal over its thirty-year lease, resulting in an underestimation of the air, water, wildlife, and other impacts of the Avon Terminal’s future operations, according to the petition.

      “As a result of these and related deficiencies, the EIR fails to fully inform the public and decision-makers of the project’s significant health, safety, and environmental impacts and fails to analyze and mitigate these impacts as the California Environmental Quality Act requires,” the petition said.

      Contra Costa County hosts four of the five major petroleum refineries in northern California, and the fifth is nearby, the petition said, making it the second largest refining center in the western U.S. It said residents in the area suffer from high rates of asthma and many are ill-equipped to deal with these burdens, as more than half the residents are low-income minorities.

      “Tesoro’s operations also affect wildlife. The project area provides habitat for state and federally listed species, such as coho and Chinook salmon and steelhead; delta smelt; green sturgeon; black and Ridgway’s rails; salt marsh harvest mouse; and three endangered plant species,” the petition said.

      The environmental groups are asking the CSLC to void the EIR for the Avon Terminal lease approval; set aside and withdraw approvals of the project; and refrain from granting any further approvals for the Avon Terminal lease approval until the commission complies fully with the requirements of CEQA.

      The CSLC declined to comment on the lawsuit Monday.

      The plaintiffs are represented by Irene V. Gutierrez and Trent W. Orr of Earthjustice and Roger Lin.

      Counsel information for the CSLC was not available Monday.

      The case is Center for Biological Diversity et al. v. California State Lands Commission, number 15-0569 in the Superior Court of the State of California in and for the County of Contra Costa.

      –Editing by Emily Kokoll.
      Share...