Protesters Rally in Sacramento Against Crude Oil Trains

Repost from Fox 40, Sacramento, Stockton, Modesto

Protesters Rally in Sacramento Against Crude Oil Trains

By DOUG JOHNSON, JULY 6, 2016 UPDATED AT 11:06PM


SACRAMENTO — Three years ago Wednesday, 47 people were killed when a train carrying crude oil derailed in a small town in Quebec, Canada. On this tragic anniversary, dozens in Sacramento rallied to protest against oil trains traveling through Northern California.

A group of activists, the Sacramento Oil Trains Coalition, is concerned about the new type of oil that is now traveling the lines.

“We’re talking about bringing in this Bakken crude or the Canadian tar sands, it’s very volatile explosive crude oil, we don’t need that here in Sacramento,” said Chris Brown, the organizer of Wednesday’s event.

It’s the same type of oil that exploded during a derailment in Lac-Megantic, Quebec, killing 47 people July 6, 2013. Members of the Sacramento Oil Trains Coalition read the names of the victims at Wednesday’s protest.

“I was very surprised that this was happening in my own backyard,” said protester Valerie Williams who lives in South Sacramento.

The last several years, Union Pacific said crude oil has been passing by Sacramento, heading south to a transfer station outside Bakersfield and also heading west to refineries in Richmond. And the Valero Refining company has applied to run two trains daily through Sacramento to its plant in Benicia. There the city planning commission voted down Valero’s request in February, but the refinery has appealed the decision.

“We don’t need this particular kind of crude with all of its hazards added to what we already have, we need to be figuring out how to get rid of what we have, not add more to it,” Brown said.

Despite its recent derailment in Oregon, Union Pacific said its record speaks for itself.

“Our safety and statistics specifically with crude oil has a 99.9% of the time making it from its origination to its destination without incident,” said Justin Jacobs, a spokesperson for Union Pacific.

Jacobs said his company cannot release the exact amount of crude oil it transports through Sacramento.

“As far as train schedules, and what’s on it, and those type of things, yeah, for security reasons, we don’t release specific information,” Jacobs said.

Valero has said in the past that their carbon footprint is actually larger now transporting that crude oil by tanker over sea than it would be by train over land.

CSX letter supports federal pre-emption of local regulation, including authority over non-rail-related permits

By Roger Straw, July 5, 2016

CSX Railroad files letter with STB in support of Valero Crude by Rail

CSX_letter3
CSX letter

On July 1, the City of Benicia received a copy of a letter from CSX` Railroad to the DOT’s Surface Transportation Board (STB).  The letter, released to the public today, supports Valero Refinery’s request for an STB declaratory order which would address the permitting authority of local and state governments over projects on non-railroad properties when a project involves transport of goods by rail.

CSX is the 3rd largest railroad in North America, after Union Pacific and BNSF.  The CSX letter exposes their vested interest in the matter:

The ICC Termination Act (“ICCTA”) was passed to “prevent a patchwork of local regulation from interfering with interstate commerce.”…But state and local governments are now testing the scope of ICCTA preemption with rules, permitting conditions, or other actions that indirectly affect railroads. While indirect, this practice still has the effect of creating a patchwork of inconsistent and disruptive regulation.

Note CSX’ clear reference to indirect regulation.  As Benicia Planning Commissioner Steve Young, environmental attorneys and others have pointed out, federal preemption of indirect regulation is an untested point of law.

Valero is not a railroad, and its proposed crude oil offloading rack is on Valero property within the City of Benicia. Valero, Union Pacific, CSX, Tesoro, along with other rail and oil industry activists and their allies want to extend their power to limit local and state authority. This is unprecedented.  The City of Benicia has every right – and responsibility – under its police and permitting powers to regulate land use on behalf of its citizens’ health and safety.

Note that in petitioning the STB, CSX, like Valero and the others, makes absolutely no reference to, nor shows any interest in the health and safety of California’s wildlands or communities.  This is all about the freedom of big business to do as it likes in pursuit of profit.

By petitioning the STB, Valero has thrust the City of Benicia squarely into what will surely become a litigated test case, perhaps rising all the way to the US Supreme Court.  Benicia’s staff and tax-supported finances will suffer years of time, effort and expense.

Benicia’s City Council can steer clear of this mess by denying the permit for Valero’s proposed project based on the many non-rail-related, local environmental impacts that have been brought to light in the last 3 years’ review.

2016 Stop Oil Trains Week of Action – Benicia March Sunday 7/3!

Repost from STAND.earth
[Editor:  You can observe the Stop Oil Trains Week of Action in Benicia by marching in the annual Torchlight Parade on July 3.  – RS]

Citizens Call for a Ban on Deadly Oil Trains at Events Across US and Canada

  • The 2016 Week of Action marks the third anniversary of the tragic July 6, 2013, oil train disaster in Lac Megantic, Quebec, that killed 47 people.
  • On Friday, June 3, 2016, an oil train derailed in Mosier, OR, forcing the emergency evacuation of a 220 children from a school 250-yards from burning oil tank cars.
  • Oil trains have proven too dangerous for the rails: 14 major oil train derailments and fires in the past three years, yet these dangerous trains still bring millions of gallons of toxic, explosive crude oil through cities and towns across the US and Canada.
  • Each year since then communities have marked the solemn anniversary with events in dozens of cities and towns during the Stop Oil Train Week of Action.
  • July 6-12, 2016, citizens will gather again at events across the US and Canada to demand an immediate ban on oil trains. We are calling on President Obama, Congress and Governors to take three urgent steps to solve this problem.
    1. Ban oil trains: There is no safe way to transport crude oil by rail.
    2. Deny all federal permits for oil train infrastructure: Stop the oil industry from expanding oil train traffic carrying the dirtiest, most dangerous crude.
    3. Protect the authority of local governments: States, cities and citizens must have the right to say no to oil trains.Uphold the authority of our cities and towns to protect the public safety, and to ensure first responders have the necessary information and resources to respond to oil train disasters.

Oil Trains are Too Dangerous for the Rails.

  • The extreme Bakken and tar sands crude that the oil industry moves on trains is more toxic, more explosive, and more carbon-intensive than conventional oil.
  • More than 25 million Americans live in the blast zone and mining and refining this extreme oil puts  millions more Americans and Canadians at risk.
  • 14 major oil train fires in three years proves that crude oil is too dangerous for the rails. In Mosier, the tracks were inspected just days before the derailment, and only luck and a windless day kept the fire from four burning oil tank cars from reaching homes and a nearby school.
  • Oil train traffic, which was practically nonexistent seven years ago, has grown by 4,000 percent and the oil industry is proposing to further increase traffic, build more oil train terminals, and build new refinery infrastructure for dirtier crude oil carried by train.
  • We don’t need any of the extreme oil that is moving by train. The explosive Bakken and tar sands crude that moves by train is a tiny percent of US oil consumption and oil companies export five to seven times more oil each day than they move by train. So stop the trains tomorrow and our energy supply is not changed at all.
  • As we move our economy to clean energy and solve climate disruption we cannot at the same time allow oil companies to bring Bakken, tar sands and other fracked oil — the dirtiest, most dangerous sources of oil — onto the market.

Environmental Justice: Our railways were built to connect population centers, not carry hazardous materials. Decades of housing discrimination means that 60 percent of the 25 million Americans who live in the blast zone are people of color.

Note on Terminology: The term ‘crude-by-rail’ is the oil industry’s neutered term (abstract and without agency) for the dangerous, deadly, explosive oil trains they send through our cities and towns. There’s no reason to use ‘crude-by-rail’ when we can talk about the absolute danger of crude oil trains and the culpability of the oil and rail industry and regulators who send them across North America.

California attorney general subpoenas oil refiners

Repost from SFGate
[Editor:  See also coverage in Bloomberg, Reuters, Wall Street Journal and Los Angeles Times.  – RS]

California attorney general subpoenas refiners on gas prices

Associated Press, Updated 2:57 pm, Friday, July 1, 2016

The California attorney general has issued subpoenas to several oil refiners to learn how they set gasoline prices, which are consistently higher in California than in most other states.

Chevron Corp., Exxon Mobil Corp., Valero Energy Corp. and Tesoro Corp. confirmed on Thursday that they have received subpoenas in recent weeks.

The attorney general is making a sweeping request for information about gasoline supplies, pricing, and maintenance shutdowns that can temporarily create shortages and increase prices, according to people familiar with the investigation. The people spoke on condition of anonymity because they were not authorized to discuss details of the subpoenas.

The requests came from Attorney General Kamala Harris, a Democrat who is running for the U.S. Senate. Kristin Ford, a spokeswoman for Harris, declined to comment on whether her office was investigating.

Chevron spokesman Braden Reddall said the company received a subpoena from the attorney general’s office and would cooperate with the investigation.

Valero received a subpoena “and we will respond accordingly,” said spokeswoman Lillian Riojas.

Spokesmen for Exxon and Tesoro also confirmed the requests for information. None of the companies would discuss the matter further.

California perennially has among the nation’s highest prices for gasoline. This week, the average for a gallon of regular was $2.90 in the state compared with the national average of $2.29, according to the AAA auto club.

Some consumer advocates have charged that refiners drive prices higher by tactics such as frequent or overly long plant shutdowns.
Refineries are routinely taken offline for maintenance, and there have been longer-lasting outages after disasters such as the explosion in February 2015 at an Exxon refinery in Torrance, near Los Angeles.

Gordon Schremp, senior fuels specialist with the California Energy Commission, said 2015 saw an “extraordinary price spike in magnitude and duration in California,” which a commission advisory committee has been investigating.

“We are aware that they were doing this,” Schremp said of the attorney general’s investigation, “because off and on they’ve talked to us about what was going on with the 2015 market, important factors that can cause spikes in the markets.”

Industry officials blame high prices on California’s stricter clean-air requirements, which they say add costs and make it more difficult to import gasoline from other states when there is a price spike.
Rebecca Adler, a spokeswoman for the American Fuel & Petrochemical Manufacturers, called the allegations in the subpoenas baseless.

“We are confident that nothing will come of this,” she said.

The group Consumer Watchdog has repeatedly called on Harris to investigate oil companies over California gas prices and welcomed news of the investigation.

“It’s great that we have a law enforcement official asking questions about both supplying the market and equitable pricing within the market,” said the group’s president, Jamie Court.

For safe and healthy communities…