Tag Archives: Tar sands crude

County regulation, Crude By Rail, Federal Regulation (U.S.), Tar sands crude

Albany County enlists top legal firm for oil train fight

Repost from Capital Playbook, Albany, NY
[Editor: Significant quote: “The county has placed Mintz Levin on retainer….  The firm will help with a potential legal battle with Global Partners, which has threatened to sue after the county placed a moratorium on expanding crude-handling facilities at the Port of Albany.”  (emphasis added) – RS]

Albany County enlists top legal firm for oil train fight

By Scott Waldman  |  Aug. 22, 2014
albany-county-enlists-top-legal-firm-oil-train-fight
First responders are familiarized with tank cars on the CSX Safety Train next to the Hudson River in the Port of Albany. (AP Photo/Mike Groll)

ALBANY—Albany County has hired a high-powered Boston environmental law firm to help with its battle against a Fortune 500 company that’s bringing in millions of gallons of crude oil every day.

The county has placed Mintz Levin on retainer, county attorney Tom Marcelle said. The firm will help with a potential legal battle with Global Partners, which has threatened to sue after the county placed a moratorium on expanding crude-handling facilities at the Port of Albany. Marcelle said Albany County has subpeona power and Mintz Levin could be used to enforce the county’s right to question top Global officials if they withhold information the county is seeking.

“The county executive wanted to ensure the people of Albany County had the best to represent their health and safety,” he said.

The county will probably spend up to $100,000 with the firm, Marcelle said.

The firm, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, can also help the county submit comments to the federal Department of Transportation over its proposed new regulations for oil trains. Those federal regulations call for a phasing out of rail cars that transport a certain type of crude. Those cars are more likely to rupture and leak if they derail.

County officials are not happy with the federal proposal because it would still allow those older cars to transport the type of heavy crude Global Partners wants to bring to Albany. That crude from the oil sands of western Canada, also known as tar sands, is nearly impossible to clean up from waterways like the Hudson River because it sinks to the bottom.

The Boston law firm specializes in environmental law and employees about 500 attorneys. It has offices in London, Los Angeles, New York, San Francisco and elsewhere. Attorneys at Mintz Levin helped draft the state’s Brownfield pollution mitigation legislation and has defended enforcement actions in federal and state court, according to its website.

Global, which is based in Waltham, Massachusetts and is a Fortune 500 company, threatened legal action against the county shortly after the moratorium was issued, but has yet to file suit.

Albany County Executive Dan McCoy has taken a more aggressive approach to oil train enforcement than city and state officials and has also proposed a law that would fine oil train operators who fail to quickly report spills. McCoy has appointed a health and safety panel that is examining Global’s crude-handling facilities.

Global wants to build a series of boilers at the port that would allow it to bring in heavy crude oil, like from the oil sands of western Canada.

Albany has become one of the nation’s largest hubs from crude oil from the Bakken formation of North Dakota. The proposed boiler facility would effectively turn New York into a major oil-by-rail pipeline for another type of crude and has generated strong opposition.

Air Quality, Bakken Crude, Crude By Rail, Draft EIR, Noise pollution, Positive Train Control, Risk Assessment, Take Action, Tar sands crude, Valero Benicia Refinery, Volatile gases

Lynne Nittler of Davis, CA: Take Action!

Repost from The Davis Enterprise

Exercise the power of public comment

by Lynne Nittler, August 10, 2014
oil train
Oil tanker cars travel by rail through Davis on a recent evening. Valero oil refinery in Benicia wants to expand its oil shipments to 100 tank cars per day. Jean Jackman/Courtesy photo

The story of crude-by-rail in California is not a done deal. As new developments unfold almost daily in this remarkable drama, it is clear that public input can make a significant impact.

For example, last January, fierce community opposition — plus a letter from state Attorney General Kamala Harris urging further scrutiny on air quality and the risk of accidental spills — led city leaders in Pittsburg to reopen the public comment period on its draft environmental documents.

The WesPac Petroleum project had called for an average of 242,000 barrels of crude — the equivalent of 3.5 trains per day — to be unloaded daily and stored in 16 tanks before being piped to the five Bay Area refineries. Now, it appears WesPac may never reapply. An alert public can bring about change.

Valero in Benicia is a long way from giving up on the rail terminal that will allow it to import 100 tank cars of crude by rail daily, most likely from the tar sands of Alberta, Canada, and the Bakken Crude shale of North Dakota. These two extreme forms of crude — Bakken crude is highly volatile and proven explosive and tar sands bitumen is toxic and impossible to clean up in a spill (Kalamazoo spill, July 2010) — are already being processed in some Bay Area refineries.

The California Energy Commission predicts within two years that California will receive 25 percent of its crude by rail, mostly from these two extreme crudes that emergency workers currently are not prepared to deal with in the event of a spill or accident. For the Sacramento region, that will mean five to six trains of 100 cars per day by the end of 2016!

Your input now may make a significant difference. The draft environmental impact report for the Valero proposal is open for public review until Sept. 15. A printed copy is at the Stephens Branch Library, 315 E. 14th St. in Davis, and is available online at www.benindy.wpengine.com. Every letter submitted becomes part of the public record and must be addressed in the final EIR.

Frankly, the draft EIR focuses on impacts to Benicia, and just glances at uprail communities like Davis. But two 50-car trains coming across the Yolo Causeway and the protected Yolo Basin Wildlife Area; passing high-tech businesses along Second Street; rolling into town through residential neighborhoods, where the vibrations will be felt from each heavy car; following the unusual and therefore dangerous 10 mph crossover just before the train station; passing through the train station, putting the entire downtown within the blast zone; and skirting the edge of UC Davis, including the Mondavi Center for the Performing Arts; puts many people at serious risk.

If you have concerns such as whether the tank cars are safe enough, whether the volatility of the Bakken crude should be reduced before it is loaded into tank cars, who is liable in the event of an accident, whether the trains will be equipped with positive train control to improve braking, how Valero plans to mitigate the increased air and noise pollution, how Valero can claim that accidents happen only once in 111 years, etc., then you can help.

While our city of Davis, Yolo County, Sacramento, Roseville, Fairfield, the Sacramento Area Council of Governments and the Sierra Club Yolano Group are writing their own responses to the Valero draft EIR, letters from private citizens are equally powerful.

Public workshops are planned in August and September to help residents craft their letters. They workshops will provide background on the oil train situation, discuss the California Environmental Quality Act and EIR process and offer helpful resource materials. Participants will find topics, gather evidence, write their letters and then share drafts for feedback.

Workshops are planned from 10 a.m. to noon Saturday, Aug. 9; 7 to 9 p.m. Thursday, Aug. 21; and 2 to 4 p.m. Sunday, Sept. 7. All will take place in the Blanchard Room at the Stephens Branch Library, 315 E. 14th St. in Davis. The room is accessible to people with disabilities.

The draft EIR and mailing directions are posted at www.benindy.wpengine.com. For more information, contact me at lnittler@sbcgloball.net or 530-756-8110.

Bring a friend! Every letter adds to the impact!

— Lynne Nittler is a Davis resident.

Alberta Canada, Boreal forest, Crude By Rail, Tar sands crude, Valero Benicia Refinery, Valero Crude By Rail

Benicia Herald op ed: Do Benicians want tar-sands oil brought here?

Repost from The Benicia Herald

Do Benicians want tar-sands oil brought here?

THE RAVAGES OF tar sands extraction in Alberta, Canada. Sierra Club

By Roger Straw

MANY THANKS TO BENICIA HERALD REPORTER Donna Beth Weilenmann for her detailed report, “Valero rail project: City has no control over oil source” (June 12). It is unfortunate that City Manager Brad Kilger is quoted saying, “The city does not have the authority to control the refinery’s crude sources.”

The source of Valero’s crude is important — here in Solano County, and globally. Since the city can’t control it, perhaps those of us who live here should persuade our friendly giant Valero to stay away from Canadian tar-sands oil of its own volition.

The world is dying, not so slowly, from the burning of fossil fuels. The most polluting of these fuels is mined in Alberta, Canada, where investors are extracting a thick, tar-like substance called “bitumen” from deep layers of sand. This sludge is blasted out of the sand with heated water. Millions of gallons of water are used daily, which first must be heated by natural gas, so the process is not energy efficient and can never be truly competitive with regard to “return on investment” after all costs are factored.

Moreover, additional costs are too often not accounted for — in particular the destruction of miles and miles of pristine northern boreal forests, and in their place the creation of a hellish network of open pit mines, wells, roads, pipes and hundreds of toxic “lakes” from the water used in the extraction process. The destruction has expanded to an area larger than Ohio or Pennsylvania.

Next comes the problem of creating a “blend” of crude oil from the tar-like bitumen that is fluid enough to be transportable by pipeline (Keystone XL), or now by rail. The gazillion-dollar heated railroad cars, we are told by Mr. Kilger, who cites a study paid for by Valero, are “specifically designed not to rupture,” and the city, county, state and feds are all well-prepared to take care of any emergency.

Sure. Tell that to the residents who live near Kalamazoo, Mich., where my daughter was born. We have friends and family nearby there, and their story of leaked tar-sands crude is horrific. After spending more than $765 million on a three-year cleanup there, the Kalamazoo River is still plagued by sunken heavy balls of tar-sands bitumen, threatening habitat, wildlife and human health. For background, see “April Flooding Could Affect Cleanup of 2010 Michigan Oil Spill,” by David Hasemyer:

“Removing dilbit (diluted bitumen) from water is more difficult than removing conventional oil because the chemicals used to thin the bitumen gradually evaporate, while the bitumen sinks to the river bottom.”

Imagine that gunk flowing into our Suisun Marsh after a train derailment — what would that look like? For an idea, read InsideClimate News’ Pulitzer Prize-winning authors’ “The Dilbit Disaster: Inside the Biggest Oil Spill You’ve Never Heard Of,” about “a project that began with a seven-month investigation into the million-gallon spill of Canadian tar sands oil into the Kalamazoo River in 2010. It broadened into an examination of national pipeline safety issues, and how unprepared the nation is for the impending flood of imports of a more corrosive and more dangerous form of oil.”

We in Benicia — including our neighbors in positions of influence at Valero — need to do some very important homework and ask a lot of questions before this new crude-by-rail project is approved. Imagine a disaster here, or better yet, imagine no opportunity for one. The hearing at the Planning Commission is set for July 11. Comments should be sent by July 1 to City Manager Brad Kilger at City Hall, 250 East L St., Benicia, or by email to bkilger@ci.benicia.ca.us.

Roger Straw is a Benicia resident.