Category Archives: Environmental Impacts

Latest Benicia DEIR comments: Center For Biological Diversity, Communities for a Better Environment, Natural Resources Defense Council

On December 16, the City of Benicia released yet another document highly critical of the Valero Crude-by-Rail Draft EIR.  The massive report was submitted for the record on December 5 by the Center for Biological Diversity, Communities for a Better Environment, and Natural Resources Defense Council.  The document focuses on biological resources and climate change.  Many thanks to our friends in these excellent organizations!

The summary page follows:

CBD-CBE-NRDC_lttrhdDecember 5, 2014

Amy Million, Principal Planner
Community Development Department
250 East L Street
Benicia, CA 94510
amillion@ci.benicia.ca.us

Re: The City of Benicia’s Draft Environmental Impact Report for the Valero Benicia Crude by Rail Project

Dear Ms. Million,

On behalf of the Center for Biological Diversity, Communities for a Better Environment, and Natural Resources Defense Council, we submit the following comments on the City of Benicia’s Draft Environmental Impact Report (DEIR) for the Valero Benicia Crude by Rail Project (Project). The Project, if approved, would allow the Valero refinery to receive up to 70,000 barrels per day of crude oil by train, which equates to a potential for 1.07 billion gallons of crude oil imported by train each year.

These comments supplement prior comment letters by detailing the significant deficiencies in the DEIR’s assessment of impacts to Biological Resources in Section 4.2. Specifically the DEIR (1) fails to adequately analyze and mitigate impacts to biological resources at the Project area; (2) fails to adequately analyze and mitigate impacts along the rail lines serving the Project; (3) fails to properly analyze the cumulative impacts of increased crude oil shipments on biological resources; and (4) fails to adequately evaluate impacts related to climate change.

Because this Project would result in significant impacts to biological resources, the City cannot certify the DEIR before adopting all feasible mitigation measures. At present, the DEIR fails to identify and analyze mitigation measures that would reduce the Project’s impacts.

However, there are numerous mitigation measures and alternatives that would reduce the impacts of the Project. These measures must be analyzed in the DEIR, so that the full range of options are publicly disclosed and considered by decision‐makers.

[Editor: The document continues … Note that the “Public Comment” link below goes to a huge 584-page document on the City’s website, a 24mb download.  WordPress will not allow an upload of this magnitude here on The Benicia Independent.  The bulk of the document (570 pages) is supplemental studies, all important, but for the heart of the document, see the 14-page Comment Letter minus the supplements.  – RS)

Public Comments October 17-December 15, 2014  (A single comment letter, from the Center for Biological Diversity, Communities for a Better Environment, and Natural Resources Defense Council.)

New federal budget is bad news for environment, great for Big Oil

Repost from Think Progress
[Editor: See also a similar story on Grist, The new federal budget is chock-full of goodies for pollutocrats.  – RS]

Six Of The Worst Environmental Provisions In The ‘Cromnibus’ Spending Bill

by Katie Valentine Posted on December 10, 2014

Congress unveiled its $1.01 trillion spending bill Tuesday, a 1,603-page piece of legislation that, if passed (and it may not be), will fund the government through September 2015. If passed, the bill — dubbed the “Cromnibus” for “continuing resolution plus omnibus” — would allow the government to avoid a partial shutdown. But it wouldn’t be good news for Americans who want the U.S. to do more on climate and environmental issues. The bill contains multiple attempts to undermine environmental efforts in the United States. Here are a few of the worst:

Preventing Endangered Species Listings

The spending bill would block any federal funds going toward determining whether the Gunnison sage grouse or greater sage grouse — two species of bird native to the western U.S. — are eligible for listing under the Endangered Species Act. The Gunnison sage grouse has been the subject of a decades-long fight between environmentalists, energy companies who want to drill in the sage grouse’s habitat, and ranchers who use the habitat for grazing land. The Gunnison sage grouse was listed as “threatened” by the U.S. Fish and Wildlife Service last month, but the agency originally had until next September to figure out a listing for the greater sage grouse. Under the spending bill, the agency would have to wait until after September 2015 to determine the greater sage grouse’s status. Concerns over what designation the sage grouse will be awarded have already scared off bidders for oil and gas leases in Nevada, as energy companies worry that an endangered status would make it too difficult to drill or frack in the region.

The bill does include $15 million for the Bureau of Land Management for sage grouse habitat conservation. Still, the National Audubon Society is not happy about the provision.

“The priority right now is to get science-based, state-level conservation plans in place that are effective enough to avoid a federal listing for the Greater Sage-Grouse in the first place,” Brian Rutledge, Audubon’s VP and Policy Director, said in a statement. “This rider will only complicate coordination between the BLM and statehouses and stems entirely from political chicanery, ignoring scientific input and voices across the Mountain West that want strong plans in place.”

Cutting Environmental Protection Agency Funds

Under the bill, the EPA would be allowed a $8.1 billion budget. That’s $60 million less than what the agency got last year, the Washington Post reports, and would mean that the agency, which works on things such as cleaning up Superfund sites and enforcing basic public health protections, would have to cut its staff down to numbers not seen since 1989. The last government shutdown reminded Americans of just how crucial the EPA is, when the agency was temporarily prevented from cleaning up nearly two thirds of the country’s toxic waste sites.

Blocking Regulation of Lead Ammunition

The spending bill includes a provision that would prohibit federal funds going toward regulation of lead in ammunition and fishing. It might not seem like the worst provision in the bill, but it has big implications: when hunters use lead bullets and leave carcasses in the woods, the lead can harm the birds and other scavengers that prey on the carrion. California became the first state to ban lead in hunting ammunition last year, in an effort to better protect the state’s rare California condors and other wildlife. But though the U.S. did ban the use of lead ammunition in water bird hunting in 1991, the country hasn’t acted to restrict lead ammunition for hunting of land birds and animals.

More Coal-Fired Power Plants And Less Renewable Energy Abroad

The spending bill would allow the Ex-Im Bank and OPIC to finance coal-fired power plants abroad, despite the fact that the Ex-Im Bank adopted guidelines last year that prohibited the financing of most coal-fired power plants, unless they used carbon capture technology. Those guidelines align with the U.S.’s stance on overseas coal financing, but the spending bill’s language attempts to put coal financing overseas back into the national conversation. “This provision is expected to increase affordable electricity, especially to those without current access to electricity, as well as to support increased exports from the United States and prevent the loss of United States jobs,” the bill’s authors write. It would also export carbon pollution at the expense of sustainable, clean energy for developing countries.

Preventing Funding To The Green Climate Fund

The bill states that “no funds may be made available for the Green Climate Fund,” an international fund aimed at helping developing nations deal with the impacts of climate change. This language comes despite the fact that, as the bill states, no funds were requested for 2015, and the fact that, according to one Democratic source in Politico, the Obama administration isn’t planning on asking for funds in 2015.

The fund has been in the news recently, as countries around the world have made pledges coinciding with the international climate talks in Lima, Peru. The fund reached its $10 billion goal this week, after Australia pledged AU$200 million ($165 million in U.S. dollars) to the fund. The U.S. has already pledged $3 billion to the fund, a pledge some Republicans have said could have a hard time getting authorized in 2015.

Prohibiting Regulations On Light Bulb Efficiency

The bill wouldn’t allow the federal government to provide funding to “implement or enforce” standards for light bulb efficiency, a rider that’s been introduced before in spending bills. A similar addition was included in January’s spending bill, and as Mother Jones reports, conservative lawmakers have been trying to prohibit the federal government from regulating light bulb efficiency for years, fighting against a 2007 law that stipulates light bulb efficiency.

State ‘Dodged a Bullet’ in Feather River Derailment, OES Says

Repost from Fox40 TV Sacramento
[Editor: As my friend said, “THIS is the problem….”  – RS]

State ‘Dodged a Bullet’ in Feather River Derailment, OES Says

November 26, 2014, by Lonnie Wong

Union Pacific work crews continue to clear a 12-car derailment that dumped a shipment of corn into the Feather River.

The Union Pacific rail line along the Feather River is a major route for bulk goods into and out of California.  While the track has been cleared, train traffic is being held back periodically while the delicate clean-up process moves forward.That includes vacuuming corn from the cars before their removal, and installing barriers to keep more grain from getting into the feather river.

At the same time, investigators want to know why the cars left the track.

That’s because corn isn’t the only freight that is hauled through the scenic canyon.

“In this particular case, we dodged a bullet,” California Office of Emergency Services Communications Director Kelly Huston said.

OES says two oil trains carry volatile Bakken crude oil through the Feather River canyon each week  a million gallons at a time.

It’s the same crude oil that has exploded into flames and polluted rivers in several train derailments over the past year and a half.

“As the train travels through the Feather River it eventually ends up in downtown Sacramento and into Stockton and into the bay area and it’s traveling through a lot of high population centers,” Huston said. “As it gets into high population areas it could also pose a threat if there’s a fire and explosion.”

Union Pacific also wants to find out what happened to prevent another derailment.

It says it’s spent $30 billion in the last decade on new technologies to reduce derailments by 23 percent. It also says it adheres to strict federal safety standards.

“We operate all our trains under federal regulations we are required to do so, and that includes for all commodities that we move on the system,” Liisa Stark, with Union Pacific Public Affairs office, told FOX40.

But critics say federal regulations have not caught up with the emerging danger of Bakken crude derailments.

Katie Payne was heading to a family gathering in Porterville where she grew up and stopped with her husband and two sons to look at the wreckage.  Her brother works for the railroad in the area.

“It does concern me. They do have issues with rock slides and train problems so if it’s dangerous chemicals or crude oil that could really destroy this wild and scenic Feather River,” Payne said.

Not to mention that it is a major water supply and hydro-electric source for valley residents.

The fact is rail accidents happen despite anyone’s best intentions, which is a worry as the number of Bakken crude shipments increase.

”We’re not taking the right precautions, we’re not keeping the public safe,” Payne said.

Washington tribal leaders, commissioner warn of oil train dangers

Repost from Stanwood Camano News
[Editor: This article refers to a Seattle Times opinion piece, “Crude By Rail: Too Much, Too Soon”.  – RS]

Tribal leaders, commissioner warn of oil train dangers

November 25, 2014

Increased oil train traffic on Washington’s aging rail system puts the state’s people and ecosystems at risk, according to an opinion piece by 10 tribal leaders and the Washington State Commissioner of Public Lands Peter Goldmark, published Thursday in the Seattle Times.

“Crude By Rail: Too Much, Too Soon” calls for federal regulators to improve safety protocols and equipment standards on Washington rail lines to deal with a 40-fold increase in oil train traffic since 2008. Trains carrying crude oil are highly combustible and, if derailed, present serious threats to public safety and environmental health, according Goldmark.

Herman Williams Sr., chairman of the Tulalip Tribes; Tim Ballew II, chairman of the Lummi Nation; Jim Boyd, chairman of the Confederated Tribes of the Colville Reservation; Brian “Spee~Pots” Cladoosby, chairman of the Swinomish Indian Tribal Community; and other tribes, joined Commissioner Goldmark in urging policymakers to address critical issues around the increase of oil train traffic through the state.

“The Northwest has suffered from a pollution-based economy,” said Cladoosby in a statement. “We are the first peoples of this great region, and it is our responsibility to ensure that our ancestral fishing, hunting and gathering grounds are not reduced to a glorified highway for industry. Our great teacher, Billy Frank, Jr., taught us that we are the voices of the Salish Sea and salmon, and we must speak to protect them. If we cannot restore the health of the region from past and present pollution, how can we possibly think we can restore and pay for the impact of this new and unknown resource?

“We are invested in a healthy economy, but not an economy that will destroy our way of life. We will not profit from this new industry, but rather, we as citizens of the Northwest will pay, one way or another, for the mess it will leave behind in our backyard. We will stand with Commissioner Goldmark and our fellow citizens and do what we need so those who call this great state home will live a healthy, safe and prosperous life,” said Cladoosby.

 For Tulalip chairman Herman Williams, Sr., endangerment of fish runs by oil train pollution is a key concern.

“For generations we have witnessed the destruction of our way of life, our fishing areas, and the resources we hold dear,” said Williams in a statement. “The Boldt decision very clearly interpreted the 1855 Treaty of Point Elliott to reserve 50 percent of the salmon and management to the tribes. The federal government must now partner with tribes to protect the 50 percent of what remains of our fishing rights. The Tulalip Tribes will not allow our children’s future to be taken away for a dollar today. Our treaty rights are not for sale,” said Williams.

According to Commissioner Goldmark, tribal leadership on the oil train issue is essential.

“Tribal leaders bring unique perspective and concern about threats to our treasured landscapes,” said Goldmark. “It’s an honor to join them in this important message about the growth of oil train traffic in our state and the threat it poses to public safety, environmental sustainability, and our quality of life.”