Category Archives: Benicia CA

Valero Crude by Rail ranked #1 news story in Benicia for 2014

By Roger Straw, January 30, 2015

The Benicia Herald published a separate section today, “The Year 2014 In Review.”  Counting down dramatically from #14, the #1 story of the year was “Opponents, supporters of Crude-by-Rail Plan square off as city leaders mull decision.”  Subtitle: “For second straight year, Valero Refinery’s permit request dominates Benicia news.”

Editor Marc Ethier will not be publishing the special section online.  When asked, he indicated it would only be for print subscribers.

The article bends over backwards to present a balanced view of the controversy, giving Valero’s perspective and naming our local organized opposition, Benicians For a Safe and Healthy Community and other groups and government entities that were critical of the project and/or it’s environmental review.

It’s appropriate that our local paper recognized the controversy as the City’s #1 story last year.  Benicia finds itself in the crosshairs of a growing nationwide debate, and Valero’s dangerous and toxic proposal would, if approved, affect communities all up and down the rails.

The Benicia Herald’s #6 story of 2014 was “Mayor, city attorney in free speech flap.”  For more on this, see our Local Media page.

San Francisco Chronicle: How crude-by-rail — and other debates — are censored

Repost from SFGate, Opinion Shop

How crude-by-rail — and other debates — are censored

By Lois Kazakoff, January 2, 2015
Valero seeks to modify its Benicia refinery to bring in two 50-car trains a day of crude oil.
How the crude-by-rail debate is censored… Valero seeks to modify its Benicia refinery to bring in two 50-car trains a day of crude oil. Photo By The Chronicle

When I wrote in November about how the mayor of Benicia was effectively muzzled from speaking about a pending city decision with nationwide importance, I thought the debate was over climate change. Now I learn the real concern is over democracy itself.

My Nov. 18 blog post concerned the City Council’s decision to make public an opinion on whether the mayor should be allowed to speak freely with voters about Valero’s application to convert its Benicia refinery to receive crude from the Baaken Oil Shale by rail. The decision is huge because fracking the crude is only profitable if the oil can reach refineries and the global market. Benicia’s refinery and port are key components to success.

Locally, Benicians and Californians living along the rail lines are fearful of train cars filled with the highly volatile crude rumbling through their communities twice a day. It’s a highly charged dispute that has drawn in Attorney General Kamala Harris, who chastised the city for only studying the effects on Benicia and not the effects along the entire rail line through California.

When the City Council voted to make public the opinion, written by an attorney hired by the city attorney, the decision was Mayor Elizabeth Patterson had overstepped her bounds.

Why? Because local politicians can advocate for new laws, but when they are holding a public hearing or ruling on a permit — acting more like judges than legislators — the permit applicant’s right to appear before an unbiased body trumps the legislator’s right to freely express an opinion.

Peter Scheer, the executive director of the First Amendment Coalition, writes in Sunday’s Insight section that this growing practice of advising City Council members to censor themselves is deleterious not just to political debate over important and engaging local issues but to democracy. By giving City Councils this dual role and then advising them to censor their own speech, we discourage civic participation  on the concerns constituents care about most.

KPIX: State Senator Says Bay Area Not Prepared For Crude Oil Trains

Repost from 5KPIX TV CBS SF Bay Area
[Editor: apologies for the video’s commercial ad.  You can pass on choosing an ad – the video will begin if you just wait.  – RS]

State Senator Says Bay Area Not Prepared For Crude Oil Trains

Phil Matier talks with state senator Jerry Hill who believes that Bay Area emergency crews are not properly prepared to handle the hundreds of tanker trains bringing shale crude oil from the Dakotas to local refineries. (11/23/14)

SF Chronicle Editorial, The real crazy train: moving Bakken crude by rail

Repost from The San Francisco Chronicle

Editorial: The real crazy train: moving Bakken crude by rail

Chronicle Editorial Board, October 26, 2014

GOP gubernatorial candidate Neel Kashkari likes to deride Gov. Jerry Brown’s high-speed rail plan as the Crazy Train, but the loonier rail proposal is the one that would carry explosive Bakken crude 1,000 miles across the country to the Valero refinery in Benicia and other California refiners. Californians must have more assurances of safe rail operation before Valero’s oil-transfer-terminal plans proceed.

The City Council of Benicia, a town of 28,000 on the Carquinez Strait, has debated for months a draft environmental impact report on Valero’s plan to modify its refinery to bring in crude by rail. Oil, mostly from Alaska, currently enters the refinery via pipeline from ships docked at the Port of Benicia. Bakken crude, however, must come by rail because no major pipeline runs to the West Coast from North Dakota where it is extracted from the oil shale.

Community concerns include environmental risks but center on public safety because Bakken oil is more volatile than most other crudes. A derailed tanker train loaded with Bakken crude exploded in July 2013, killing 47 people in Canada and alerting transportation officials and the public to the real hazards of transporting this easily ignited oil. For Benicians, potentially explosive trains are no theoretical debate as two 50-car trains would pass daily through the north end of town.

Nor is it an abstract discussion for the residents of Roseville, Sacramento, West Sacramento and Davis, where trains would roll through downtown daily. Davis Mayor Dan Wolk noted: “This may be technically a city of Benicia decision, but no city is an island in our interconnected region. Our community has real concerns about the potential safety impacts.”

So does California Attorney General Kamala Harris, who wrote Benicia officials earlier this month that “the DEIR fails to provide sufficient information for an adequate analysis of the safety risks from transportation or the air quality impacts from refining the new crude. These issues must be addressed and corrected before the City Council of Benicia takes action.” It is unclear whether the state would sue if the city failed to act.

Valero representatives clearly have no interest in expanding the scope of the permitting process to the state. Valero spokesman Bill Day told The Chronicle, “This is really the city of Benicia’s decision.”

Harris also wrote to Benicia that the draft report “ignores reasonably foreseeable project impacts by impermissibly limiting the scope of the affected environment analyzed to only the 69-mile stretch from Benicia to Roseville.” With so many communities affected, the state should stand firm and Solano County should use its authority over the refinery-expansion permits to persuade Valero to negotiate better public safety protections from the railroads, such as state-of-the-art train-control technology.

What’s really crazy is the federal law that allows pre-emption of municipal and state law when it comes to critical decisions on rail safety. Affected communities deserve a say over what rolls through their towns.