Tag Archives: Environmental Impacts

Seeno’s attorneys request new trial following Save Mount Diablo legal victory against Faria project in Pittsburg hills

The Pittsburg hills where the Faria project has been approved for construction, as seen from the San Marco neighborhood in Pittsburg. Photo: Scott Hein

607-acre, 1,650-home development next to planned Thurgood Marshall Regional Park – SMD leader says motion for new trial “should be denied”

Contra Costa Herald, by Allen D. Payton, March 3, 2022

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)

The motion for a new trial was filed “on the basis that the Court’s decision is not supported by the evidence and controlling legal authorities. Specifically…that there were several portions of this Court’s February 10, 2022, Statement of Decision that may not have fully considered evidence in the administrative record.” In addition, the motion asks that the “Court vacate its Statement of Decision and enter a new decision denying SMD’s motion” and “conduct a new hearing”. Faria project Motion for New Trial Parsons Dec. ISO Mot for New Trial Raskin Dec. ISO Mot for New Trial Faria project new trial Proof of Service

A hearing date on the motion for a new trial has been set for April 14, 2022.

The now named Thurgood Marshall Regional Park is directly adjacent to the Pittsburg City Council approved Faria project. Herald file graphic. Credit: Save Mount Diablo/Google Earth.

On the day of the decision, Save Mount Diablo issued the following press release about their legal victory: [Previously published here on BenIndy, see Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills.]

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.

Concord CA, Environmental Impacts, Environmental review, Pittsburg CA, Save Mount Diablo, Seeno

SEENO News: Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills

February 23, 2022 Roger Straw

East County Today, Feb 22, 2022

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.

Asthma, Climate Change, Crude By Rail, Derailment, Environmental Impacts, Evacuation, Explosion, Export of North American crude, Health and safety impacts, Oil spill, Oil trains, Public Health, Renewable energy

Don’t lift ban on export of U.S. oil

November 12, 2015 Roger Straw

Repost from the Asbury Park Press

MEHRHOFF: Don’t lift ban on export of U.S. oil

OPINION | Jessie Mehrhoff, November 12, 2015 11:21 a.m. EST

ThinkstockPhotos-495757792 — (Photo: Getty Images/iStockphoto)

It’s the fundamental connection between environmental degradation and human health that has me concerned about the prospect of Congress lifting the U.S. oil export ban, which will worsen climate change and threaten our communities with toxic spills.

The list of risks climate change poses to human health is long. Increased temperatures will spread tropical diseases to new latitudes. Heat waves will cause more deaths across the world. Warmer temperatures will lead to more health-threatening smog and decrease crop yields. Detailing these impacts and more in 2009, “The Lancet,” one of the world’s most respected medical journals, labeled climate change ‘the biggest global health threat of the 21st century.”

These aren’t just future consequences, to be experienced on the other side of the globe. In New Jersey, we still face the impacts of superstorm Sandy three years later. Climate scientists at Rutgers University predict even more extreme weather if climate change goes unchecked.

In addition to these consequences, the American Lung Association’s 2015 State of the Air report card has given Monmouth County an “F” for the number of high-ozone level days, and finds more than 56,000 people in the county suffer from asthma. Climate change is only going to make numbers such as this climb as our air quality worsens.

To avoid global warming’s most devastating health impacts, we must end our dependence on fossil fuels and transition to pollution-free, renewable energy. Lifting our decades-old ban on the export of U.S.-produced oil represents the opposite course.

If the oil companies have a larger distribution market for oil produced in the U.S., they will drill more — upward of another 3.3 million barrels per day for the next 20 years, by some General Accounting Office estimates. Even if only a fraction of all this extra oil is burned, global warming pollution could still increase 22 million metric tons per year — the equivalent of five average-sized coal power plants.

In addition to worsening climate change, there’s the public health threat of transporting additional oil across the country. While most crude oil is shipped around the U.S. by pipeline, shipments by rail have been increasing. To keep up with increased demand, oil trains have grown larger and tow more tanker cars than ever before.

Currently, trains carrying highly flammable crude oil travel through 11 of the 21 counties in New Jersey —Mercer, Middlesex, Gloucester, Somerset, Hunterdon, Bergen, Camden, Essex, Hudson, Union and Warren — en route to refineries. These oil trains are an accident waiting to happen, and have spurred trainings across the state where firefighters, police and other emergency responders have prepared courses of action in an oil derailment emergency.

The fear of oil train accidents — where toxic crude oil is spilled into our communities — is not hyperbole. Accidents have been on the rise, with more oil accidentally dumped into our environment in 2013 alone than during the previous three decades combined.

In 2015, we’ve already seen three major oil train accidents. In Mount Carbon, West Virginia, a rail oil spill led to evacuations and a governor-declared state of emergency. In Galena, Illinois, a spill threatened to pollute the Mississippi River. A spill in Heimdal, North Dakota, forced the evacuation of a town.

If we are to prevent these accidents from taking place in the 11 New Jersey counties through which these trains travel, we must work to reduce the amount of oil these trains carry. Transporting the increased oil we would produce domestically if the oil export ban were lifted could require enough trains to span the country from Los Angeles to Boston seven times over.

Increasing our nation’s crude oil drilling and transportation by lifting our decades’ old ban on exports leads to more risk, not less. And the inconvenient truth of lifting the oil export ban means more drilling, more global warming pollution, and more threats to public health.

There is a way around lifting the oil export ban in the first place. President Obama is against lifting the ban, and the measure only narrowly cleared a Senate committee earlier in the month. That’s why we need Sen. Cory Booker to join Sen. Bob Menendez in standing strong against the oil industry and to vote to keep the ban in place — for the sake of the environment and public health.

Jessie Mehrhoff is lead organizer with Environment New Jersey, a citizen-based environmental advocacy organization.

Bakken Crude, Benicia City Council, Benicia Planning Commission, Carbon emissions, Crude By Rail, Derailment, Environmental Impacts, Explosion, Fire, Greenhouse gas emissions, Take Action, Tar sands crude, Valero Benicia Refinery, Valero Crude By Rail

CREDO Action generates over 1,800 letters opposing Valero Crude by Rail

October 28, 2015 Roger Straw

Repost from CREDO Action
[Editor: The following call to action arrived in thousands of email inboxes on October 27, 2015. The response was huge – so far over 1800 CREDO-generated letters have been sent to the City of Benicia (in the first 24 hours). The link here will take you to the CREDO Action page. Letters deadline is 5pm on Friday, October 30, 2015. – RS]

Tell the Benicia City Council: Block Valero’s dangerous oil trains terminal

Oil giant Valero is trying to build a massive oil trains terminal at its refinery in Benicia.

Two 50-car oil trains per day would carry toxic fracked oil and tar sands across California to the refinery, passing through Roseville, Sacramento, Davis, Fairfield and other cities before reaching their destination in Benicia.¹

If approved by the Benicia City Council, the terminal would exacerbate local air pollution in Benicia and in communities along the rail route, expose those communities to the catastrophic danger of an oil train derailment and explosion, and fuel the climate crisis by encouraging fracking and tar sands extraction.

The Benicia City Council is accepting public comments on the project until 5pm on Friday, October 30, 2015. Local opposition has already delayed the project once – we need to speak out right now and demand that the city council block Valero’s dangerous oil terminal.²

Tell the Benicia City Council: Block Valero’s dangerous oil trains terminal. Submit a public comment directly to the city council.

The number of crude by rail accidents in recent years has skyrocketed. In addition to the deadly oil train explosion in Lac-Mégantic, Québec in July 2013, which killed 47 people, there have been nine major oil train explosions in the United States since the start of 2013.

In addition to the threat of deadly train derailments and explosions, Valero’s plan would worsen air quality for communities all along the rail line. In Benicia, shipping more fracked oil and tar sands to Valero’s refinery would only increase toxic refinery pollution. Further, oil trains leak dangerous chemicals, creating a toxic plume around rail lines up and down the rail route.³

With no end in sight to the record drought threatening California, there is simply no excuse for green-lighting any fossil fuel infrastructure project that will encourage the extraction of more dirty fracked oil and tar sands and exacerbating climate change.

Valero will get its way if we remain silent. Submit a public comment urging the Benicia City Council to reject Valero’s crude by rail project.

¹ Jaxon Van Derbeken, “Benicia sees cash in crude oil; neighbors see catastrophe,” San Francisco Chronicle, October 24, 2014
² Tony Bizjak, “Benicia plans more study of crude-oil train impacts,” Sacramento Bee, February 3, 2015
³ Diane Bailey, “Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years,” NRDC Switchboard, September 17, 2014

Send an email.

Tell the Benicia City Council:

Valero’s outrageous proposal to build an oil trains terminal at its refinery in Benicia threatens the health and safety of people all along the rail route.

I urge the Planning Commission and the City Council to reject Valero’s dangerous plan.

Click here to send this email.