Last Friday, Feb. 25, 2022, attorneys representing Discovery Builders and their Faria new home development requested a new trial for the lawsuit by Save Mount Diablo, following a judge’s decision in favor of the environmental group to stop the project. As previously reported, on March 30, 2021, Save Mount Diablo filed a lawsuit challenging the City of Pittsburg’s approval of the 1,650-unit Faria project, on the ridgeline between Pittsburg and Concord. According to the agenda item documents, the master plan overlay district encompasses approximately 607 acres of land. (See related article)
Save Mount Diablo Says Motion for New Trial “Should Be Denied”
Asked about the motion for a new trial, Save Mount Diablo Executive Director, Ted Clement responded, “Regarding the Seeno companies/Pittsburg request for a new trial, the Court has already rejected their arguments for reasons fully set forth in its decision. Their Motion for New Trial does not question the adequacy of the administrative record on which the Court properly based its decision (and which the City itself prepared) or suggest there was any other irregularity or unfairness in the hearing. Instead, they seek a second bite of the apple.”
“Their Motion reargues issues that were fully briefed and addressed in the Court’s Decision,” he continued. “They also seek to introduce irrelevant and improper extra-record evidence, violating black letter law that CEQA actions must be decided on the record that was before the agency when it made its decision.”
“Because their Motion provides no basis for this Court to order a new trial solely on the issues decided adverse to them, it should be denied,” Clement concluded.
CONTRA COSTA COUNTY — On February 10, 2022, the Contra Costa County Superior Court handed Save Mount Diablo a major victory in its legal challenge to the City of Pittsburg’s approval of the 1,650-unit Faria/Southwest Hills Project.
According to the ruling, the city’s environmental review was inadequate in numerous ways. Faria was proposed by Seeno companies/Discovery Builders, Inc./Faria Investors LLC on the spectacular and highly visible major ridgeline between Pittsburg and Concord and could include grading and houses visible across the ridge.
As a result, the City of Pittsburg is required to overturn approvals for the project and correct environmental review. The city and Seeno/Discovery Builders will also be required to pay Save Mount Diablo’s legal fees.
It remains to be seen whether the developers, Discovery Builders, Inc. and Faria Land Investors, LLC, or the City of Pittsburg will appeal the decision.
The Pittsburg City Council—then-Mayor Merl Craft; then–Vice Mayor Holland Barrett White; and Councilmembers Shanelle Scales-Preston, Juan Antonio Banales, and Jelani Killings—all voted to approve the proposal in February 2021. (The mayor and vice-mayor designations rotate among the councilmembers.) They ignored hundreds of letters and public comments that opposed the project. Save Mount Diablo filed a lawsuit challenging the project’s approval in March 2021.
If the project had moved forward, it would have meant the development of a major, new residential subdivision on 606 acres of ridgeline and hillside grazing land in what is currently unincorporated Contra Costa County, immediately south of the City of Pittsburg.
The biologically rich site supports sensitive wildlife species and rare plants and is in one of the most visible and most environmentally constrained areas of the county. The Faria project would have fragmented open space and damaged wildlife corridors.
The proposed housing development would have changed the beautiful green hills forever by annexing the property to the City of Pittsburg and locating 1,650 new residences far from jobs, transit, and services.
The Faria project would have also impacted the new East Bay Regional Park District (EBRPD) Thurgood Marshall Regional Park – Home of the Port Chicago 50 at the Faria site’s southwestern edge, formerly part of the Concord Naval Weapons Station. Save Mount Diablo and its partners advocated for the creation of this new park over many years. The Faria project would have been located directly above the new park on a ridgeline, degrading views from surrounding areas.
The Contra Costa Superior Court ruled that the City of Pittsburg’s environmental review of the project was inadequate in four major ways:
It failed to analyze any impacts that would results from the 150 accessory dwelling units that were added by the City of Pittsburg at the last minute. This is important because the number of units affects every part of environmental review from traffic to water supply to schools, etc. and will make correcting the environmental review complicated;
It failed to include a baseline description of biological resources that could be impacted by the project, specifically special-status plant species;
It failed to consider the water supply impacts of adding 1,650 new housing units in the area, which is especially important given years of drought and increasing fire danger; and
It failed to adequately disclose or mitigate the project’s air quality impacts, including greenhouse gas impacts, without which development will continue to make the climate crisis much worse.
“The court’s decision says to developers: ‘You don’t get to kick the can down the road. You have to do a thorough analysis of your project’s impacts before you lock in project approvals,’” said Winter King, Save Mount Diablo’s attorney from Shute, Mihaly & Weinberger. “The court got it right.”
The court’s ruling means that the City of Pittsburg’s approval of the project is null and void.
The court also noted that additional impacts—such as geologic hazard impacts resulting from grading and filling, and impacts on streams and agricultural lands—would need to be addressed in more detail.
Save Mount Diablo Executive Director Ted Clement said, “Throughout the East Bay, residents have worked hard to protect our ridges and views, flora and fauna, and to defend our parks. In this case that was just decided in our favor, Save Mount Diablo had to stand up against some very powerful interests to help further the work of protecting these treasured resources, which add so much to our collective quality of life.”
“Although I’ve worked for Save Mount Diablo on this issue, I’m also a Concord resident,” said Juan Pablo Galván Martínez, Save Mount Diablo’s Senior Land Use Manager. “This project infuriated me as an open-space lover, a wildlife enthusiast, and someone who is deeply worried and taking action to stop catastrophic climate change. Since this affects both cities, I want both city councils to work together to protect the hills and ridgeline.”
“This is a major victory for Pittsburg’s hills,” stated Save Mount Diablo Land Conservation Director Seth Adams. “Open space, habitat for wildlife, and the community’s scenic views have won the day, and poorly planned development will not go forward, for now. We are very happy with the court’s decision.”
“On the other hand,” said Adams, “while our victory is costly for the city and Seeno/Discovery Builders in time and money, it does not stop the project forever. After correcting environmental documents, the Pittsburg City Council can approve Seeno’s huge project again if they choose. But now they have a second chance to make it better by protecting the ridgeline and neighboring regional park. We don’t have to argue about protecting ridgelines in other cities. The Pittsburg City Council should do the right thing.”
Save Mount Diablo
Save Mount Diablo is a nationally accredited, nonprofit land trust founded in 1971 with a mission to preserve Mount Diablo’s peaks, surrounding foothills, watersheds, and connection to the Diablo Range through land acquisition and preservation strategies designed to protect the mountain’s natural beauty, biological diversity, and historic and agricultural heritage; enhance our area’s quality of life; and provide educational and recreational opportunities consistent with protection of natural resources. To learn more, please visit www.savemountdiablo.org.
Pittsburg Defeats WesPac: Biggest California Crude Oil Project Stopped in its Tracks
By Ethan Buckner, Dec 11, 2015
In the final days of 2015 the victories for the climate justice movement are coming fast and furious — fracking bans to pipeline wins to breakthrough climate policies. This week, after years of a hard-fought community-led campaign, we learned that the oil services company WesPac has withdrawn their permit applications to build the biggest oil terminal on the West Coast in Pittsburg, CA!
That means 242,000 barrels a day of toxic and explosive extreme crude oil from the tar sands and the Bakken will stay in the ground, and off the tankers, oil trains, and pipelines WesPac would have built to bring this dangerous crude to Bay Area refineries.
This is an extraordinary victory, and one that demonstrates that grassroots organizing can overcome the power of big oil. I remember two years ago hearing that “no one can organize in this town,” because for so long Pittsburg had been dominated by heavy industry after heavy industry, from petrochemical plants and waste dumps to power stations and oil facilities.
The campaign started out small, led by two courageous neighbors Kalli Graham and Lyana Monterrey, who started knocking on doors and enrolling more and more community members to the fight. I remember my first day canvassing outside the Pittsburg seafood festival in August 2013, thinking to myself, how the hell are we ever going to win this thing?
But as these brilliant and resilient grassroots leaders kept organizing, and it started working. Within months our volunteer base jumped from a handful to dozens, and then to hundreds. Petition signatures jumped from dozens to hundreds to thousands. At nearly every door I knocked on I met another community member sick of Pittsburg’s reputation as an industrial wasteland, tired industry control. I don’t think I’ve ever been anywhere where opposition to industry was so strong. When WesPac brought a company man to town to host a three hour informational meeting, community members showed up en masse and drove him out of town. Hundreds of citizens showed up at city council meetings, week in and week out. We hosted toxic tour, dozens of community meetings, and the biggest march Pittsburg has seen in many, many years. We turned the WesPac campaign into a regional and statewide issue, leveraging the power built in Pittsburg to inspire and support other campaigns fighting extreme oil infrastructure in the Bay Area and beyond.
In January 2014, WesPac agreed to take oil trains off the table. That was a big victory, but WesPac still wanted to build a crude oil tank farm, tanker berth, and pipelines, and we stood ready to continue the fight. But WesPac was not, and will officially pull their applications before a city council meeting on December 14.
Hats off to everyone who contributed to this extraordinary effort: especially the community leaders at the Pittsburg Defense Council and Pittsburg Ethics Council, and also Communities for a Better Environment, Sunflower Alliance, Sierra Club SF Bay Chapter, Natural Resources Defense Council, and 350 Bay Area, among others. This victory belongs to our movement, but most of all to the tireless, resilient, creative, and courageous people of Pittsburg.
Let WesPac’s demise serve as a warning to Valero, Phillips 66, and other oil giants that are trying to build oil train terminals in California right now: our movement will not stop until all oil trains projects are halted in their tracks, and extreme oil stays in the ground where it belongs.
By Eddie Scher, ForestEthics, Wednesday Dec 9, 2015
[Pittsburg, CA] On November 16, WesPac Energy formally withdrew its proposed 242,000 barrel-per-day oil storage and transfer facility in Pittsburg, California. The crude oil facility would have included a marine port for oil tankers, more than a dozen oil storage tanks, an oil train offloading terminal, and multiple pipelines to local refineries.
To celebrate the victory local activists will attend the upcoming city council meeting at Pittsburg City Hall on Monday, December 14 at 7:00pm.
Members of the coalition of citizen organizations working to protect the people and environment of Pittsburg released the following statements:
“We knew that WesPac was not good for our community and having them as our neighbor would do nothing to make Pittsburg a better place to live” saysKalli Graham, co-founder of the Pittsburg Defense Council. It was time for us to roll up our sleeves and take action. We had homes to protect and families to keep safe. We did everything we could to tell everyone who would listen that this project was wrong. We canvassed our neighborhoods, lobbied our city and county officials and educated our community on the dangers this project would have on our town. We organized a grassroots movement, created a non-profit organization and rallied our community into action. We stood together as neighbors to fight this project until we’d stalled it for so long that it was no longer viable. We took a stand against the biggest, dirty industry this planet has known so far and we WON!”
“The citizens of Pittsburg stood toe to toe with the oil industry, they did not blink, they did not flinch, and today they have won,” says Ethan Buckner, ForestEthics extreme oil campaigner. “Thanks to the leadership of Kalli Graham and the Pittsburg Defense Council, and thousands of Pittsburg residents, it is clear that oil trains, tankers, tank farms, and pipelines are not welcome here. Here’s a message to Phillips 66, Valero, and other oil companies with dangerous oil trains projects in the works: The people of California and across North America don’t want your extreme oil, we want clean energy and climate solutions.”
“The WesPac crude by rail project was clearly designed to import dirty Canadian tar sands to Bay Area refineries,” says Andrés Soto, Richmond organizer with Communities for a Better Environment. “This victory is not enough. To protect us from future dirty oil projects, the Bay Area Air Quality Management District must adopt strict limitations on refinery emissions now.
“Thanks to the people of Pittsburg for sending this clear signal to the City of Benicia and Valero that Valero’s dangerous crude by rail project is not only a bad idea, it is no longer economically viable,” says Katherine Black, organizer with Benicians for a Safe and Healthy Community.
“WesPac’s own environmental review documents, inadequate as they were, showed that the project would harm this community and the environment by polluting the land, air, and water” says Jackie Prange, Staff Attorney at Natural Resources Defense Council. WesPac made the right choice to give up now rather than face defeat in court.”
“I’ve often considered the WesPac project to be the Bay Area’s Keystone XL – a perfect example of new fossil fuel infrastructure that would enable the oil industry to grow,” says community organizer Martin Mackerel. I couldn’t be happier that we stopped this project from being built. I hope our victory inspires others to block all new fossil fuel infrastructure in their backyards. Together we can stop this industry from murdering humanity’s future.”
“WesPac’s dangerous and grandiose plans for a mega-oil terminal in Pittsburg have been thwarted not only by market forces—OPEC and faltering oil barrel prices—but by a force of nature commonly known as People Power, the combined efforts of nameless individuals driven not by profit motives but by fierce love of community and desire for ecological sanity,” says Shoshana Wechsler of the SunFlower Alliance.
“The WesPac oil storage facility would have posed significant pollution threats to San Francisco Bay. San Francisco Baykeeper is proud to have been part of the team that stopped WesPac, and we’ll continue our work to protect the Bay from the expansion of oil refining and oil transport in the Bay Area,” says Sejal Choksi, San Francisco Baykeeper.
“Pittsburg is a strong community, and one that determined that we were not going to allow the hazardous WesPac project to be placed in our backyard,” says Gregory Osorio of the Pittsburg Ethics Council. “Many people worked countless hours – first Lyana Monterrey who started the organizing in Pittsburg before the WesPac project was on ANYONE’s radar. To George Monterrey for his ‘fire’, and Danny Lopez, the graphics artist for the movement. The credit for this victory belongs to the nonprofit environmental groups such as Forest Ethics, NRDC, Sierra Club, and Sunflower Alliance, who all made enormous contributions. We wish to thank everyone who labored tirelessly to keep this potentially catastrophic project from being dumped in our backyard.”