Tag Archives: Army Corps of Engineers

Environmental Groups Oppose U.S. Army Corps Plan to Dredge the Bay for Bigger Oil Tankers

BayNature.org, by David Loeb, April 16, 2020
The Phillips 66 San Francisco Refinery in Rodeo. (Photo By Dreamyshade, Wikimedia CC BY-SA 4.0)

Drive east along Interstate 80, past the Phillips 66 refinery in Rodeo, and you can see that the Bay Area remains very much embedded in the fossil fuel economy. And if the U.S. Army Corps of Engineers has its way, we may well be doubling down on that relationship.

The Corps has a pending proposal, officially dubbed the “San Francisco Bay to Stockton, California Navigation Study,” to dredge a 13-mile stretch of the San Francisco Bay Estuary from San Pablo Bay (just north of Point San Pablo) through the Carquinez Strait to the Benicia-Martinez Bridge. This project would deepen the channel leading to four oil refineries along the shoreline by an average of three feet, allowing for the arrival of a larger class of oil tankers than can currently access these refineries. The Army Corps’ January 2020 Environment Impact Statement (EIS) for the project claims that the total volume of oil shipped will not necessarily increase as a result of the project, but rather claims that the dredging might even result in reduced ship traffic in the Bay by delivering the same amount of oil on fewer (but larger) ships.

A map of a proposed new San Francisco Bay dredge from the Army Corps of Engineers’ January 2020 environmental impact statement.

This argument has not persuaded Bay Area environmental groups, who last spring submitted comments on the Draft EIS opposing the dredging project. These groups, including San Francisco Baykeeper, Sierra Club, Center for Biological Diversity, Friends of the Earth, Communities for a Better Environment, and Ocean Conservation Research, are submitting similarly negative comments on the Final EIS, which they say is not much of an improvement over the 2019 draft version. The deadline for public comments has been extended, due to the Covid-19 pandemic, until Tuesday, April 21.

The concerns of these organizations fall in to three basic categories: direct impacts on the local aquatic environment from both the dredging itself and from the increased traffic; direct air quality impacts on local communities from the increase in refinery operations; and above all, concern that increasing the capacity for delivery and production of fossil fuels directly contradicts the state’s mandated goal of reducing greenhouse gas emissions to slow the impact of climate change.

I. Impacts on Local Aquatic Environment

The Army Corps’ EIS contends that the Bay floor sediments to be disturbed by the dredging do not contain significant levels of toxic materials. But comments by the environmental organizations point out that the Corps appears to be relying on studies done over a decade ago or more, and they list a range of contaminants that could be re-suspended from the settled sediment that are not addressed by the Corps. The groups point out that this narrow body of water connecting the Bay with the Delta is heavily used by endangered fish species, including Delta smelt, longfin smelt, and Chinook salmon, among others, as well as by harbor seals and California sea lion, both protected marine mammal species.

The groups also point out that the EIS only addresses the impact of the dredging itself on the local aquatic environment. By asserting that the deepening of the channel will not, on its own, increase the level of shipping in the channel, the Corps disclaims any responsibility to address the impact of increased oil tanker traffic. However, as the environmental organizations point out, there is little chance that the refineries would not take advantage of this opportunity to increase their operations. In fact, as Ocean Conservation Research points out in its comments, the Phillips 66 refinery in Rodeo has recently been granted permission by the Bay Area Air Quality Management District to double its refining capacity. So it would be naïve to ignore the probability of increased traffic in the Strait, with is attendant increase in disturbance of all kinds (noise, water pollution, possible spills, etc.) and the resulting impact on wildlife populations.

In addition, Ocean Conservation Research’s comment letter points out that in order to accommodate the larger ships of the Panamax class (so-called because they are the maximum size allowed through the Panama Canal), the Phillips refinery has proposed an enlargement and expansion of its wharf facility. Such a project would involve disturbance of sediments full of toxic heavy metals left behind by the Selby Slag, a company that operated a smelter there into the 1970s, extracting ore from waste metals. Because the wharf expansion is considered a separate project, the Corps is not legally required to address it in its EIS — but expansion of the wharf would not be economically viable without the deeper channel.

Additionally, according to Baykeeper Executive Director Sejal Choksi-Chugh, “Baykeeper has concerns about how the project will impact salinity in the Delta. Deepening the shipping channel will push the fresh water/salt water mixing zone (known as the X2) further east, threatening drinking water supplies” for people in Contra Costa County and other Delta communities.

II. Impacts on Local Communities

Again, by asserting that the dredging project will not result in increased refining activity, and therefore only considering the impact of the actual dredging work, the Corps’ EIS does not find any impact on surrounding “environmental justice communities.” These communities, including Richmond, Vallejo, and Martinez, have been subjected to high levels of pollution from decades of industrial activity, and are demographically “majority minority” and low income. The failure of the EIS to contemplate increased levels of air pollution from increased refinery activities belies the refineries’ long record of “accidental” spills, flares, releases, etc. that have caused the area’s residents to periodically “shelter in place” long before the novel coronavirus.

III. The Big Picture

All of these local negative impacts are bad enough. But in their comments, the environmental groups assert that it is essential to step back and look at the much larger picture of what the dredging project implies for the region, the state, and the planet:

“The proposed channel alterations would remove constraints on expanding fossil fuel import and export volumes … The project will likely result in a significant increase in future volumes of crude oil and refined petroleum products shipped through the Bay … Here, the increased volume of oil and coal passing through the deepened channels will lead to greater refining and export activity. These in turn will lead to more greenhouse gas emissions, both at the refineries and when the products are combusted. Stated differently, the dredging is ‘a mere step in furtherance of many other steps in the overall development’ of the area’s fossil fuel industry.”

The environmental groups believe that the ultimate plan of the oil companies is to have the Bay Area’s refineries serve as an outlet for oil extracted from the Alberta tar sands, one of the most carbon intensive fuel sources on the planet, given the energy that must be invested to extract it, liquefy it for transport, and ship it. Moreover, the transport of this oil from its source in northern Alberta to the Bay Area is highly problematic, both politically and environmentally. It involves expansion of the controversial Trans Mountain pipeline over First Nation lands of the Salish people in Canada (a project that they are resisting both in the courts and on their land). Then the unrefined oil must be transported by tankers through the Salish Sea, threatening the already depleted Southern Resident population of killer whales. And finally, the tankers must pass through the Golden Gate, where recovering populations of humpback whales and gray whales are also facing increased threats from ship strikes in this busy shipping channel.

All of this leads to the final question of why U.S. taxpayers should fund (at an estimated initial cost of $57 million) a project whose main intended beneficiaries are privately owned oil refineries. Of course, direct taxpayer subsidies to the fossil fuel industry are nothing new, but in an era when we climate change requires us to be reducing our dependence on carbon-intensive fossil fuels, this project would appear to be moving us in the opposite direction.


About the Author

David Loeb
From 2001-2017, David Loeb served as editor and then publisher of Bay Nature magazine, and executive director of the nonprofit Bay Nature Institute. A Bay Area resident since 1973, David moved here after graduating from college in Boston. The decision was largely based on a week spent visiting friends in San Francisco the previous January, which had included a memorable day at Point Reyes National Seashore. In the late 1990s, after many years working for the Guatemala News and Information Bureau in Oakland, David had the opportunity to spend more time hiking and exploring the parks and open spaces of the Bay Area. Increasingly curious about what he was seeing, he began reading natural history books, attending naturalist-led hikes and natural history courses and lectures, and volunteering for several local conservation organizations.
This was rewarding, but he began to feel that the rich natural diversity of the Bay Area deserved a special venue and a dedicated voice for the whole region, to supplement the many publications devoted to one particular place or issue. That’s when the germ of Bay Nature magazine began to take shape. In February 1997, David contacted Malcolm Margolin, publisher of Heyday Books and News from Native California, with the idea of a magazine focused on nature in the Bay Area, and was delighted with Malcolm’s enthusiastic response. Over the course of many discussions with Malcolm, publishing professionals, potential funders, and local conservation and advocacy groups, the magazine gradually took shape and was launched in January 2001. It is still going strong, with a wider base of support than ever.
Now retired, David contributes to his Bay Nature column “Field Reports.”

U.S. Government Just Approved an Enormous Oil Pipeline

Repost from Mother Jones

The Government Quietly Just Approved This Enormous Oil Pipeline

Four reasons why people are outraged.

By Alexander Sammon, Aug. 12, 2016 6:00 AM
ewg3D/Thinkstock

It took seven years of protests, sit-ins, letter writing, and, finally, a presidential review to prevent the Keystone XL oil pipeline from being built. Now, in a matter of months, America’s newest mega-pipeline—the Dakota Access Pipeline Project (DAPL)—has quietly received full regulatory permission to begin construction. Known also as the Bakken Pipeline, the project is slated to run 1,172 miles of 30-inch diameter pipe from North Dakota’s northwest Bakken region down to a market hub outside Patoka, Illinois, where it will join extant pipelines and travel onward to refineries and markets in the Gulf and on the East Coast. If that description gives you déjà vu, it should: The Bakken Pipeline is only seven miles shorter than Keystone’s proposed length.

The proposed route of the recently approved Bakken Pipeline – Dakota Access

The $3.78 billion project is being built by Dakota Access, LLC, a unit of the Texas-based Energy Transfer Partners. (Former Texas Gov. Rick Perrya friend of Iowa Gov. Terry Branstad, sits on ETP’s board.) According to the firm, the Bakken Pipeline will transport up to 570,000 barrels of crude oil per day. Advocates have celebrated the supposed 12,000 jobs the pipeline will create in construction, while repeating calls to end American dependence on foreign oil—a platform called into question by new laws allowing US producers to export crude. The US Army Corps of Engineers gave its blessing at the end of July, clearing the final hurdle for the massive infrastructure project, which is slated to be operational by the fourth quarter of 2016.

Though the project hasn’t gotten too much national media attention, there’s been plenty of local opposition. Groups like the Bakken Pipeline Resistance Coalition, a collective of 30-plus environmentalists’ and landowners’ associations, along with Native American groups, have cried foul. Here are the four things they’re most outraged by:

How many jobs…really: According to Dakota Access’s DAPL fact sheet, the pipeline will create 8,000 to 12,000 construction jobs. An earlier draft of those figures claimed 7,263 “job-years” to be created in Iowa alone. Not so fast, says professor David Swenson, associate scientist in the Department of Economics at Iowa State University. Swenson crunched the numbers himself and came to a much more modest conclusion: 1,500 jobs total per year in Iowa for the course of construction. And given that most of these jobs are skilled, Swenson expects many of the hires will be from out of state, as Iowan contractors specializing in large-scale underground pipe-fitting and welding are scarce. The long-term forecast for job creation is even bleaker. The Des Moines Register reports that there will only be 12 to 15 permanent employees once the pipeline is completed. (DAPL has since walked back its job estimate slightly.)

Spill, baby, spill: As Sierra Club’s Michael Brune puts it, “It’s not a question if a pipeline will malfunction, but rather a question of when.” And, though they spill less often than trains do, the International Energy Agency found that pipelines spill much more in terms of volume—three times as much between 2004 and 2012. The Bakken Pipeline’s route takes it through active farmland, forests, and across the heartland’s major rivers: The Big Sioux, the Missouri, and the Mississippi, some with multiple crossings, though the US Fish and Wildlife Service claims that no “critical habitat” is endangered. It also runs through sacred Native American lands (more on this below).

Enbridge Inc., a stakeholder in the Bakken pipeline, has a speckled track record on spills. In 2010, an Enbridge pipeline spilled 1.2 million gallons of crude into the Kalamazoo River, one of the worst inland spills in American history. Because the pipeline qualifies as a utility (despite being privately owned and for-profit), the Army Corps of Engineers was able to certify it without performing an environmental impact statement, as all utilities projects qualify as “minimal impact.” These projects are subject to environmental assessments every five years.

Don’t tread on me: Private property owners, particularly in Iowa, have bristled at the Bakken Pipeline’s expropriation of land. ETP asked the Iowa Utilities Board to grant it the powers of eminent domain, the process by which a government can repossess private property for public use even if the private property owner does not voluntarily sell. The IUB, a three-person committee appointed by Republican Gov. Terry Branstad, granted ETP that right for its for-profit private pipeline, a practice that is not uncommon, in order to purchase 475 parcels from resistant landowners. This has led to numerous pending lawsuits, with the Des Moines Register reporting that the issue may make it all the way to the Iowa Supreme Court. In May 2015, ETP was embroiled in scandal after a contracted land agent, working on behalf of the Bakken Pipeline, allegedly offered an Iowan landowner a teenage prostitute in exchange for voluntary access to his property. (No charges were brought after the Iowa Department of Criminal Investigation determined that the case did not meet the legal standard for pimping, solicitation, or conspiracy.)

DisRezpect: The pipeline will cross through sacred lands and pass under the Missouri River twice. For the Standing Rock Sioux, the Missouri provides drinking water and irrigation, while its riverbanks grow innumerable plants of cultural import, including sage and buffalo berries. The tribe launched a campaign called “Rezpect Our Water” and staged a 500-mile relay race in protest, hoping to sway the Army Corps of Engineers in the permitting process. Last weekend, a group of 30 Native youth completed a three-week run from North Dakota to Washington, DC, where they delivered a petition of 160,000 signatures opposing the pipeline’s construction.

Now, even though the Corps has given the go-ahead, the tribe has not given up the fight. They recently filed suit against the Corps in federal court. The suit seeks an injunction, asserting that the pipeline will “damage and destroy sites of great historic, religious, and cultural significance,” a violation of the National Historic Preservation Act.

Though the pipeline seems to be a done deal, resistance of all types continues. Last week, the Des Moines Register reported that authorities are investigating suspected arson against the ETP’s heavy machinery. The fires, three separate incidents across two Iowa counties, resulted in nearly $1 million in damage to bulldozers and backhoes. The acts appeared to be intentional incidents of monkeywrenching.

On Thursday, a group of protesters, including the Standing Rock Sioux and their allies, gathered in North Dakota to oppose the pipeline, blocking the construction site. The police ultimately broke up the demonstration, resulting in at least five arrests.

No Dakota Access pipeline from Camp of the Sacred Stones blockade @POTUS@FLOTUS@USACEHQ
2:03 PM – 11 Aug 2016

US House approves $279 million renewable energy cut; raises funding for fossil fuel research by $34 million

Press Release from Friends of the Earth
[Editor:  As you might expect, this travesty was passed on a nearly complete party line vote, with 230 Republicans and 10 Dems in favor.  Dems voting FOR the bill included:  A. Dutch Ruppersberger MD, Ami Bera CA, Brad Ashford NE, Collin Peterson MN, Doris Matsui CA, Filemon Vela TX, Gene Green TX, Henry Cuellar TX, Jim Costa CA, and William Keating MA.  Republicans voting AGAINST the bill included: Christopher Gibson NY, James Sensenbrenner Jr. WI, Joseph Heck NV, Justin Amash MI, Mo Brooks AL, Thomas Massie KY, Walter Jones Jr. NC.   Track the bill here.  – RS]

House approves $279 million renewable energy cut

By: Kate Colwell, May. 1, 2015

WASHINGTON, D.C. — The House of Representatives passed H.R. 2028, “The Energy and Water Development and Related Agencies Appropriations Act of 2016,” by a vote of 240-177.

The bill sets funding levels for important programs within the U.S. Departments of Energy, Interior, and the Army Corps of Engineers. While staying within the limits set by the sequester, the bill manages to raise funding for fossil fuel research by $34 million from 2015 levels while cutting renewable energy and efficiency research by $279 million. Simultaneously, it is packed with policy riders that undermine bedrock environmental laws like the Clean Water Act and limit the Environmental Protection Agency’s ability to study the dangers of hydraulic fracturing.

Friends of the Earth Climate and Energy Campaigner Lukas Ross issued the following statement in response:

Shoveling more of our tax dollars into the pockets of ExxonMobil and the Koch Brothers while defunding clean energy is climate denial at its worst. Fossil fuel interests don’t need more money. Solutions to the climate crisis do.

From hobbling the Clean Water Act to limiting the Environmental Protection Agency’s ability to even study fracking, House Speaker John Boehner is continuing his assault on the air we breathe and the water we drink.

###

Expert contact: Lukas Ross, (202) 222-0724, lross@foe.org
Communications contact: Kate Colwell, (202) 222-0744, kcolwell@foe.org

Publicity-stunt sit-ins, council resolutions won’t stop oil trains

Repost from Seattle PI.com
[Editor: This is a challenging think-piece for opponents of crude by rail.  Personally, I believe that sit-ins, songs and resolutions have a place in a multi-faceted approach to organizing against big oil and rail.  But Connelly has a point – we need to think hard and long on serious strategies for success.  – RS]

Publicity-stunt sit-ins, council resolutions won’t stop oil trains

Posted on August 1, 2014 | By Joel Connelly
A sight that won't be stopped by sit-ins and City Council resolutions:  A coal train passes an oil train after tanker cars derailed in Magnolia this morning.  Oil and coal could become the Northwest's "supreme shipping commodities" crowding our trade dependent economy..
A sight that won’t be stopped by sit-ins and City Council resolutions: A coal train passes an oil train after tanker cars derailed in Magnolia this morning. Oil and coal could become the Northwest’s “supreme shipping commodities” crowding our trade dependent economy.

In watching the Seattle City Council’s ritual of passing whereas-heavy, symbolic resolutions over the years, an observer can come way believing the council’s prime purpose in life is to send demonstrators home happy.

The response to oil trains, arriving in every greater numbers, is the latest example of Seattle’s insular, echo chamber politics.  Its product is meaningless symbolism.

Councilman Mike O’Brien gins up an oil train resolution, much as he did on Occupy Seattle.  Council member Kshama Sawant shows up at the BNSF tracks for her demonstration of the day.  A Sawant mini-me running for the Legislature gets arrested.  The news is telephoned to a Stranger reporter who is supporting the candidate.

Will any of this impact the Burlington Northern-Santa Fe Railroad?  Will it influence the business of giant refiners like BP and Tesoro, increasingly dependent on rail shipments of Bakken crude oil from North Dakota?

Of course not.  The carbon economy has the Interstate Commerce Act on its side.  The U.S. Department of Transportation seems intent on accommodating shippers in its rule-making. Refineries support 2,000-plus jobs in northern Puget Sound.

For instance, the USDOT’s proposed safety rules tout a “two year” required phase out of old, explosion-prone tanker cars.  When you read the fine print, phase out period begins in September 2015.

Seattle_City_Hall_2014-02-21
Concerned citizens rally for the need of a statewide moratorium on potentially dangerous oil-by-rail projects Friday, Feb. 21, 2014, at City Hall in Seattle. Oil trains have exploded in different regions in the U.S., causing death and property damages. (Jordan Stead, seattlepi.com)

Here is how critics can effectively put the heat on, and deal their way into the safety debate. The recent and ongoing coal port/coal train battle is a model for dealing with obtuse agencies and potentially more lethal cargoes:

– Mass support, not just driblets:  Somewhere in Seattle, somebody (usually Kshama Sawant) is demonstrating every day.  Protests pant after a moment on the evening TV news.  Often, they leave as much impression as footprints in the snow.

By contrast, a well-planned event can signal (to politicians) that a movement has staying power.  It registered when 395 people packed a Bellingham City Club meeting for a debate on the proposed Gateway Pacific Terminal.  Sponsors had appears to have it greased.  A bigger impression was made 2,500 people who showed up for a federal-state “scoping” hearing in Seattle.

In this image made available by the City of Lynchburg, several CSX tanker cars carrying crude oil in flames after derailing in downtown Lynchburg, Va., Wednesday, April 30, 2014. (AP Photo/City of Lynchburg, LuAnn Hunt)

– An agenda, not 1960′s slogans:  Coalport/coal train port critics asked  for an independent, comprehensive look  at impacts trains will have across Washington.  They wanted environmental studies to look at climate consequences of providing economical fuel to keep aging Chinese power plants in operation.

It is absurd, for instance, for the Army Corps of Engineers to limit “transportation” to the seven-mile spur line from Custer to Cherry Point in Whatcom County.  Big coal, railroads and construction unions were flummoxed by a reasonable demand.

– A real coalition, not just a paper list:  Seattle “coalitions” are populated by the usual suspects.  A real movement gets a cross-section of recruits.  Montana ranchers are not keen to see their land torn up.  Firefighters worry that long trains will block waterfront access, and (with oil) that they’ll be left holding the bag when a 1960′s-vintage tanker car blows up.

The proposed Pebble Mine, near Alaska’s Bristol Bay, shows REAL reach-out.  Opposition began with greens, quickly embraced Alaska’s commercial and sport fisheries, gained backing from the powerful Bristol Bay Native Corp., expanded to Washington fishermen, and found roles for restaurant chefs and major jewelry companies.

– Political work horses, not show horses:  Behind all the posturing on coal ports, state Rep. Reuven Carlyle, D-Seattle, put together letters to the feds and state laying out — precisely — potential impacts that must be known.  The letters helped shape the charge given by Gov. Jay Inslee to the Department of Ecology.

Security vehicles are shown at a gate to a Tesoro Corp. refinery , Friday, April 2, 2010, in Anacortes, Wash. An overnight fire and explosion at the refinery killed at least three people working at the plant. (AP Photo/Ted S. Warren)

With oil trains, Sen. Maria Cantwell, D-Wash., recently cornered — and treed — USDOT Secretary Anthony Foxx at a recent hearing.  She delivered a message that MUST be driven home.  Faux safety measures won’t cut it.  Cantwell and Carlyle don’t go for whereas clauses.

– Fact and evidence, not just hyperbole:  Exaggeration is a basic activist weapon, broadly deployed.  It gets people riled, but has limited staying power.  What’s needed are activist-experts who learn the stuff, and steep themselves in places to be impacted.

A lighter touch should be put on heavy handed manipulation of the media.  Certain web sites and outlets can be counted on to spout the party line.  Others aren’t content to simply be fed.

The carbon economy is coming our way — big time — with proposed coal export terminals, a big terminal to receive oil trains (in Vancouver, Wash.), coal and oil trains taking over the rails, plus pipeline terminals and oil export ports in British Columbia.

It’s not going to be turned back by sit-ins or Council resolutions in a city with less than 10 percent of Washington’s population.

Seattle politics is sandlot.  What we’re facing, and trying to influence, is a big-league challenge.