Tag Archives: San Francisco Baykeeper

Benicia City Council, Crude By Rail, Public permitting, Valero Benicia Refinery, Valero Crude By Rail

Benicia City Council to consider findings for FINAL denial of Valero CBR

By Roger Straw, October 4, 2014

benicia_logoBenicia City staff released the AGENDA for the October 4 City Council meeting, including an important staff report, CONFIRMATION OF THE RESOLUTION TO DENY THE USE PERMIT FOR THE VALERO CRUDE BY RAIL PROJECT.

EXECUTIVE SUMMARY:
At the September 20, 2016 City Council meeting, the Council denied the use permit for the Valero Crude By Rail project and requested a revised resolution be brought back for final approval at the October 4th Council meeting. Per the Council’s direction, the proposed resolution incorporates some General Plan policies as well as issues raised by the state Attorney General, the Bay Area Air Quality Management District and Caltrans.

The agenda also included the following important documents:

It will be an important Council meeting tonight. Plan to attend if you can – 7pm in Council Chambers, 250 East L Street, Benicia.

 

Crude By Rail, Public Comment, Surface Transportation Board, Valero Benicia Refinery, Valero Crude By Rail

Surface Transportation Board grants extension for public comments on Valero’s petition

By Roger Straw, June 10, 2016

BEFORE THE SURFACE TRANSPORTATION BOARD: Request for extension granted

On June 6, 2016, a formal request was filed with the Surface Transportation Board seeking additional time (until July 8, 2016) for replies to the Petition for Declaratory Order filed by Valero Refining Company.

The request was made by attorneys representing Benicians For A Safe and Healthy Community, Center for Biological Diversity, Communities For A Better Environment, Natural Resources Defense Council, San Francisco Baykeeper, Sierra Club, and Stand. The petition sought

The STB granted the request on June 9.

Benicia City Council, Crude By Rail, Environmental Impacts, Environmental review, Federal pre-emption, Local Regulation, Public Health, Public permitting, Valero Benicia Appeal, Valero Benicia Refinery, Valero Crude By Rail

LETTER OF OPPOSITION: Five environmental attorneys and others

By Roger Straw, March 31, 2016

On March 31, five environmental attorneys and a host of experts and others (including Benicians for a Safe and Healthy Community) sent the Benicia City Council this strong 3-page letter of opposition to Valero’s oil trains proposal.  (For a much longer download, see the Letter with Attachments [13 MB, 214 pages].)

Attorney signatories:

    • Jackie Prange, Staff Attorney for Natural Resources Defense Council;
    • Roger Lin, Staff Attorney for Communities for a Better Environment;
    • George Torgun, Managing Attorney for San Francisco Baykeeper;
    • Clare Lakewood, Staff Attorney for Center for Biological Diversity;
    • Elly Benson, Staff Attorney for Sierra Club.

Others signing the letter:

    • Ethan Buckner, ForestEthics;
    • Katherine Black, Benicians for a Safe and Healthy Community;
    • Janet Johnson, Richmond Progressive Alliance;
    • David McCoard, Sierra Club SF Bay Chapter;
    • Jessica Hendricks, Global Community Monitor;
    • Colin Miller, Bay Localize;
    • Denny Larson, Community Science Institute;
    • Nancy Rieser, Crockett-Rodeo United to Defend the Environment;
    • Steve Nadel, Sunflower Alliance;
    • Kalli Graham, Pittsburg Defense Council;
    • Richard Gray, 350 Bay Area and 350 Marin;
    • Bradley Angel, Greenaction for Health and Environmental Justice;
    • Sandy Saeturn, Asian Pacific Environmental Network

SIGNIFICANT EXCERPT:

The City Council can, and must, uphold the Planning Commission’s unanimous decision to deny the use permit for the Valero crude-by-rail project. Federal law does not preempt the City from denying the permit for this project. Furthermore, the City should not tolerate Valero’ s delay tactic of seeking a declaratory order from the Surface Transportation Board (STB). As explained below, the STB does not have jurisdiction over this project and will almost certainly decline to hear Valero’ s petition for the very same reason that preemption does not apply. Finally, even if preemption were to apply here, the project’s on-site impacts, especially the increases in refinery pollution, require the City to deny the permit.

Benicia Planning Commission, Crude By Rail, Valero Benicia Refinery, Valero Crude By Rail

NRDC et al: Important comments on Final EIR, Valero Crude By Rail

The Benicia Independent is in receipt of a letter sent to the City of Benicia Planning Commission by the Natural Resources Defense Council (NRDC) detailing the failure of the EIR to “adequately analyze, disclose and mitigate the [Valero Crude by Rail] Project’s significant environmental impacts.”

The letter has not yet been posted to the City’s website as of this writing.

NRDC, joined by experts, attorneys and advocates representing 18 other Bay Area environmental groups (listed below), also responds to the City of Benicia staff report.  The staff report recommended certification of the EIR and approval of the project.

The NRDC letter details at length the EIR’s various omissions and failures of law, logic and scientific method.  Comments are organized into sections on Air Quality, Environmental Justice, Hazards, Water Quality, Biological Resources  and “Additional Impacts Not Analyzed.”

The additional section on the Staff Report makes a lengthy and careful legal case against the City’s claim that federal law preempts Benicia from mitigating impacts or denying approval for the project.

In conclusion, the letter states, “Benicia Municipal Code 17.104.060, prohibits the City from approving a project that will be detrimental ‘to the public health, safety, or welfare of persons residing or working’ near the project, ‘to properties or improvements in the vicinity,’ or ‘to the general welfare of the city.’  For all the reasons stated above and in our prior comments, the Project will harm Benicians, other communities throughout the state, and our climate. The City should decline to certify the EIR and deny the permit for this Project.”  [emphasis added]

This important and powerful letter has nineteen signatories:

• Natural Resources Defense Council
• Communities for a Better Environment
• San Francisco Baykeeper
• Center for Biological Diversity
• Sierra Club
• Richmond Progressive Alliance
• ForestEthics
• Sierra Club SF Bay Chapter
• Bay Localize
• Community Science Institute
• Benicians for a Safe and Healthy Community
• Crockett-Rodeo United to Defend the Environment
• Martinez Environmental Group
• Bay Area Refinery Corridor Coalition
• Sunflower Alliance
• Pittsburg Defense Council
• 350 Bay Area and 350 Marin
• Greenaction for Health and Environmental Justice
• Rodeo Citizens Association
• Asian Pacific Environmental Network