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La Migra: Our Leaders United

Sheri Leigh
Sheri Leigh, Benicia resident and educator.

By Sheri Leigh, October 13, 2023

I wanted to get a feel for where Benicia’s elected officials stood on the issue of the La Migra game. I met with Benicia Mayor Steve Young and Vice-Mayor Terry Scott together one afternoon in Mayor Young’s office at City Hall. I spoke to City Council member Kari Birdseye, whom you have already read about. Over the last few weeks, I interviewed three  more Benicia officials (past and present) – Benicia Unified School District (BUSD) Board Trustee Amy Hirsh and former Benicia Council Member Lionel Largespada at Rrag’s Coffee Shop (at separate times), and BUSD Board Chair Sheri Zada, who graciously offered her home as our meeting point. If you know your politics, you know that the policies and principles of some of these individuals are more conservative, and some more liberal. Their platforms are sometimes polar opposites. However, it is clear to me that all of them care deeply about this community. All of them were pleased to share their perspective with me, and all of them were very concerned about the impacts of the La Migra game on our public safety, on our young people, and on the racist implications of the game. I was impressed! The question now is what can our community leaders do to help our young people make better decisions?

Benicia Mayor Steve Young remembers first hearing about the La Migra game about two and a half years ago, when there was a news report citing its controversial nature. Vice-Mayor Terry Scott had a more recent indoctrination, learning about the game when a town hall meeting was called in late spring of 2022, after a particularly brutal, La Migra game–related harassment event occurred involving a truck full of junior and senior high school students and two non-participating and unaware young people. Both the mayor (who was in office at the time) and the vice-mayor (who was not yet in office) were present at the town hall in question and both are greatly concerned about the impact of the game.

When I talked about the need for more opportunities for young people to have outlets for their energy and creativity, they agreed. Vice-Mayor Scott talked about a challenge his small childhood town faced years ago when teens were stealing family pumpkins from porches and smashing them before and during Halloween, and how the town responded by creating a seasonal pumpkin smashing game – intentionally adjusting the focus from seasonal vandalism to healthy competition.

Although the La Migra “game” targets individuals rather than pumpkins, in both situations teens are seeking adventure, and some become the perpetrators of harm as they do so. Can we find a similar solution for Benicia?

We talked about expanding community awareness and cultural celebration, particularly for the Latinos who make up a significant portion (~13%) of our population. They were open, and even enthusiastic, about the possibilities. Both agreed that there are very few City-sponsored cultural events, and those that we do have, such as Benicia Black Lives Matter’s Annual Juneteenth Festival and Benicia Performing Arts Foundation’s Diversity Festival, exist mostly due to the tireless efforts of organizations operating with volunteer support and community funding.

We could certainly do more.

At one point in the conversation, Mayor Young asked me pointedly, “If there was no racist component to this game, would you still be passionate about it?”

It only took me a moment to respond. Yes, the racial implications are offensive and particularly triggering to certain groups of people, but there is a lot more at stake. Among other issues, the game invokes hazing and bullying. Individual and public safety is at great risk. Mayor Young agreed.

Our discussion closed with ideas, opportunities, and commitments. Mayor Young and Vice-Mayor Scott intend to follow up with more public communication as the game’s date draws nearer, and be open to alternative cultural celebrations to proactively provide opportunities for appreciating, participating in, and understanding the traditions and values of our Mexican and Latin American friends, families, and fellow residents.

Both BUSD Board trustees Sheri Zada and Amy Hirsh were quite aligned in their opinions, even though I interviewed them separately. They believe the school district, although legally unable to take disciplinary action against students participating in the games, has a responsibility to introduce and educate students about racial sensitivity and cultural awareness. They agree that the families in this district should be made aware of the game through school channels and learn how it impacts our community.

They both strongly support the efforts of BUSD Superintendent Damon Wright to diminish the game’s power by working in tandem with the police and other City agencies, educating and empowering school staff, informing school district families of the game’s dangers (multiple times!), enlisting the aid of the students who understand the potential harm, and personally attempting to discourage students from participating.

When I suggested that the schools could possibly do more to educate the students about the challenges of modern day immigration and to offer more opportunities for young people to develop a sense of community and purpose, both Chair Zada and Trustee Hirsh committed themselves to take a closer look at the curriculum and do what they could to expand discussion on this topic.

When I interviewed Lional Largespada, former City Council member, I learned that he is a first-generation American from a family of Latin Americans. He offered strong opinions about how damaging this game is to our community. His perspective is more focused on family values and the role families play in shaping the activities of our children. Because I haven’t yet fully covered that perspective, I will be dedicating an entire upcoming article to my interview with former Council Member Largespada.

I am very grateful to report that we have a strong contingency of leaders in this community who care about public safety, underlying and blatant racism, diversity, and treating one another with respect and kindness. They are mobilizing to find solutions to fill the gaps in our community activities and education that will inspire more sensitivity, awareness, and most importantly, respect and concern for one another. The response of our leaders to this particular concern of the La Migra game”restores my faith in the commitment of those elected and the potential of our local government to resolve the endless challenges that threaten the well-being of our community.


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Judge halts major Bay Area refinery project for state environmental review

The Phillips 66 San Francisco Refinery in Rodeo. | Photo By Dreamyshade, Wikimedia Creative Commons.

Phillips 66 cannot begin operations at a new California biofuel refinery until Contra Costa County fixes flaws in an environmental analysis of the project.

MARTINEZ, Calif. (CN) — Phillips 66 must halt a plan to start operating a new biofuel refinery in Rodeo, California, after a San Francisco Bay Area judge said the county that approved it must fix legal issues with the project’s environmental report card.

Contra Costa County Superior Court Judge Edward Weil ordered Phillips 66 to put on hold what would be one of the world’s largest biofuel refineries, to produce some 800 million gallons of biofuel products per year. The county must show that the project fully complies with environmental review requirements which he found had been violated when authorities first approved it.

Petitioners Communities for a Better Environment and the Center for Biological Diversity asked Weil to vacate his prior judgment and prohibit operations while the county works on the known legal flaws in its environmental analysis of the project. They said Weil’s prior judgment allowed the project’s land use permit to remain in place and failed to enjoin operations while the county proved its compliance with the California Environmental Quality Act — the state’s bedrock environmental protection and community right-to-know law.

The judge said in a tentative order that his prior judgment’s purpose was to allow for construction, not operations, while environmental legal issues are considered. He said that he must consider whether there is any conflict between the statement of decision and the judgment.

“There is, however, a potential conflict between the statement of decision and the judgment because the court allowed the land use permit to remain in place but did not specifically enjoin project operations,” Weil said. “Therefore, the court grants petitioners’ motion to vacate the judgment and to issue a new judgment that specifically enjoins project operations until further order of the court.”

Weil ruled from the bench Thursday to execute the tentative order as his official judgment.

Attorney Kurtis Keller, representing Contra Costa County, declined to comment on the ruling Thursday.

Hollin Kretzmann, an attorney at the Center for Biological Diversity’s Climate Law Institute, lauded Weil’s decision. She noted that construction on the refinery can continue.

“Counties are required to evaluate, disclose and reduce the environmental harms of a project before approving it,” Kretzmann said. “Communities long suffering from refinery pollution have every right to demand maximum protections against toxic emissions and foul odors, and the county needs to secure them.”

The planned refinery is near the Marathon-Tesoro biofuel refinery in Martinez, which itself could eventually produce more than 700,000 gallons per year of biofuel products and become one of the largest biofuel refineries in California. The petitioners say that the two projects would require at least 82,000 truck trips, nearly 29,000 railcars and more than 760 ship and barge visits annually.

That increases pollution, traffic and the risk of spills and accidents from the projects, while generating and processing biofuels that would worsen existing impacts on communities nearby fossil fuel processing plants. The state considers people who live near the refineries to be “disadvantaged” because of their high exposure to pollution from existing industries. The proposed refineries would cement ongoing or increased air and odor pollution for these residents for decades, the petitioners say.

“This is a huge victory for nearby residents who’ve raised serious concerns about pollution that will come from this giant refinery,” said Shana Lazerow, legal director of Communities for a Better Environment. “Allowing this project to operate before the environmental review process is complete would’ve rigged the whole decision in favor of the refinery operator.”

Sara Evall, a student attorney at the Stanford Environmental Law Clinic, said Thursday: “The county is obligated to reassess the project based on community members’ input and an unbiased record. Rights of the public to informed democratic decision-making come before Phillips 66’s bottom line.”

The judge’s prior order, which found that the county had violated the California Environmental Quality Act by approving the biofuel refinery without properly assessing major components or adopting mitigation for odor impacts on local communities, came down this past July.

Contra Costa Health Investigating Oct. 6 Coke Dust Release at Martinez Refining Company

A picture of Martinez Refining Company in the distance with residences in the foreground.
Contra Costa’s Health Department issued a warning to the community after Martinez Refining Company (MRC, pictured) accidentally released petcoke dust at 10:31 am during maintenance. In order to prevent disruption of Alhambra’s High School homecoming parade and other Friday night community events, MRC will use a different process to finish the maintenance work that triggered the release.  | Anda Chu / Bay Area News Group.

For Release: Friday, October 6, 2023
Contact: CCH Media Line, 925-608-5463 or publicinfo@cchealth.org

Contra Costa Health (CCH) deployed a hazardous materials team to investigate a reported release of petroleum coke dust from Martinez Refining Company (MRC) about 11 a.m. Friday, Oct. 6.

The release ended soon after it was reported by MRC to Contra Costa County’s Community Warning System. CCH has not found evidence of any immediate risk to public health in surrounding communities.

MRC reported that the release began at 10:31 a.m. while workers were conducting maintenance, which was stopped due to the release.

CCH is aware of the Alhambra High School homecoming parade set for Friday evening. MRC confirmed there will not be additional maintenance on Friday, and they will use a different process to complete the work.  [Emph. added by BenIndy.]

Following an assessment by our health officer, CCH believes the homecoming parade and other community events can proceed as planned.

CCH has asked the facility to provide a 72-hour report regarding the cause of the release, which will be posted at cchealth.org/hazmat.

The Climate Overshoot Commission Releases Its Report, Pts. 2 & 3

[Note from BenIndy Contributor Nathalie Christian: This is a long read, but a good one. After the first installment of Ted Parson’s three-part series introduced climate overshoot as a concept and offered a quick history of the Climate Overshoot Commission, these two follow-up parts explain just what is so interesting – and potentially so radical– in the Commission’s recently released report. As someone who studied the Montreal Protocol (briefly), I always wondered what was so different about the rules, systems, and concepts our global society deployed to reduce ozone-destroying CFCs (et al.) and the rules, systems, and concepts we are using now in our fight against the fossil fuels–induced climate crisis. “Money! Dump-trucks of money!” is of course the most obvious answer to any and all questions, but there’s more potential overlap for success that awaits you in this fascinating two-part finish to Parson’s analysis. I have emphasized key lines through this post to assist fellow skimmers, and marked when I have done so, but I hope many of you read the whole thing.]

Pt. 2, A Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report

Click the image to read the full report on the Climate Overshoot website.

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

Legal Planet, by Ted Parson, September 21, 2023

Edward A. (Ted) Parson is Dan and Rae Emmett Professor of Environmental Law and Faculty Co-Director of the Emmett Institute on Climate Change and the Environment at the University of California, Los Angeles.

Continuing my discussion of the report of the Climate Overshoot Commission released last week, today I dig into their recommendations on mitigation. As you may recall, the Commission’s informal (but serious) job description was to speak of elephants in the room and unclothed emperors: to say things that are true and important about climate risks and responses that other, more political constrained bodies cannot. If you take this job description for statements and apply it to recommendations, it would suggest recommending things that are not politically feasible – at least not now – or that even lie outside the range of current debate. This does not mean making recommendations so outlandish or implausible that they can readily be ignored or arbitrarily rejected, of course. But if the job is to move the range of acceptable arguments and proposals – moving the Overton window, as the political scientists say – the most effective recommendations may well lie beyond the boundary of what could be adopted now. This perspective is especially relevant to the Commission’s recommendations on mitigation.

Mitigation – deep rapid cuts to worldwide emissions – is the first, essential element of effective climate response. I don’t think there’s anyone thinking seriously about climate change who disagrees with this. In the Commission’s words, mitigation is the “foundational strategy.” Yet when the Commission began its work, it first planned not to speak about mitigation – not because they didn’t recognize its primary importance, but because they thought there wasn’t much for them to add to what’s already being said, particularly given the tight time limit on their work. But partway through, the Commissioners realized that not speaking on mitigation would risk them being mistakenly seen to not accord it the needed priority, so they changed course – correctly, even necessarily, in my view. But in making this decision, they also resolved that their messages on mitigation had to cut through the noise and move the debate, and thus sought to make their recommendations radical. I think they succeeded at this, although it’s not clear from the initial reactions to their report that their radicalism has been noticed – yet.

Their mitigation recommendations include calls to adopt stronger national and international accountability mechanisms for emissions cuts; policy and financing innovations to promote faster deployment of zero-emissions technologies; and for countries to recognize each other’s climate policies and reflect them in trade measures. They also call for cutting short-lived climate forcers even faster than now being pursued. These are strong recommendations, persuasive and well conceived. But they also could plausibly be adopted within a few years if governments are serious about ramping up their ambition, so do not necessarily meet the aim of proposing something radical enough to move the debate.

So, where’s the radicalism?

It’s in their very first mitigation recommendation, for a “graduated, differentiated phaseout” in production and consumption of fossil fuels. Wait a second, you might say, what’s so radical about that? Isn’t it obvious that the world needs to get rid of fossil fuels, and haven’t a bunch of people called for it? Well, yes. But the Commission’s proposal is vastly stronger than either the weak language adopted at Glasgow – which calls on parties to “… accelerat(e) efforts towards the phasedown of unabated coal power and phase-out of inefficient fossil fuel subsidies …” or the language now being discussed for the coming COP28, which speaks of phasing out unabated fossil fuels. The word “unabated” has been used frequently in recent months by Sultan al-Jaber of the United Arab Emirates who is overseeing this year’s COP; it was included in a draft document by EU countries; and it appears in the mitigation findings of the global stocktake released earlier this month. The Commission’s proposal is also substantially stronger, and at the same time more practical, than the most ambitious fossil-fuel proposals being promoted by activist nations: the Fossil Fuel Non-Proliferation Treaty and the Beyond Oil and Gas Alliance.

What makes the Commission’s proposal so radical is the combination of its ambition; its inclusion of key design elements that make it plausibly operationalizable; and the stature of the Commission. No mitigation proposal remotely this strong has been advanced in policy debate, certainly not by any body with stature similar to the Commission’s.

It is these elements taken together that make the Commission’s proposal radical.

Continue reading The Climate Overshoot Commission Releases Its Report, Pts. 2 & 3