Category Archives: Richmond CA

Chevron: deep pockets, heavy influence on electoral politics in Richmond, CA

Repost from Counterpunch

Chevron Sounds Alarm Against East Bay “Anarchism”

Via Mass Mailings & Push Polling
by Steve Early, September 16, 2014

One of the great things about living near Chevron’s big East Bay refinery—yes, the one that caught fire and exploded two years ago—is its system of early warnings about new disasters about to befall Richmond, CA.

In our post-Citizens United era, the nation’s second largest oil producer is now free to spend $1.6 million (or more, if necessary) on direct mail and phone alerts, designed to keep 30,000 likely voters fully informed about threats to their city.

During the last week, glossy mailers from a Chevron-funded group called “Moving Forward” have been flowing our way, at the rate of one or two per day—almost seven weeks before Election Day.

And, then, just to make sure that Chevron’s urgent message is getting through, we’ve also been called by pollsters. They claim to be surveying  opinion about Richmond politics, but actually just recite the contents of these same Moving Forward mailers over the phone.

My favorite manifestation of this negative campaigning involves a Latino candidate for Richmond City council. His name is Eduardo Martinez and remembering the Eduardo part is important. By some strange coincidence, Moving Forward—the Chevron-backed “Coalition of Labor Unions, Small Businesses, Public Safety and Firefighters Associations”—is backing another Martinez for city council whose first name is Al and who is apparently not a public safety threat.

One Martinez Too Many

Eduardo, the dangerous Martinez, is a retired public school teacher and registered Democrat. He’s silver-haired, soft spoken, neatly dressed, and rather distinguished looking. For years, he has devoted himself to good causes in Richmond, including serving on the city planning commission. On that body, he has been an influential voice for Richmond’s Environmental Justice Coalition.

Earlier this summer, for example, he voted to impose additional air quality and safety requirements on Chevron, in return for city approval of its long-delayed $1 billion refinery modernization plan. This project was finally OKed by the city council majority in July after some improvements were obtained, plus $90 million in Chevron-funded “community benefits.”

Chevron did not forget that Martinez—Eduardo, not Al—helped to challenge and change its original blueprint for “modernization,” a project that will employ 1,000 building trades workers. And that’s why Richmond voters have just discovered, via expensive mass mailers and phone calls, that Eduardo Martinez is really a wolf in sheep’s clothing.

This alarming news first arrived in the form of a lurid four-color mailer, with a cover picture of “Black Bloc” demonstrators wearing face-masks and brandishing shields on behalf of the “99%” three years ago.  Inside, 65-year old Martinez is fingered as a fellow “Occupy Oakland member, who believes that anarchy is the highest form of government.” In a second “hit piece” a few days later, Chevron—through its “Moving Forward” front group–claimed that, after enlisting in Occupy, Martinez urged others “to join the group, which has been blamed for violent protests that cost Oakland more than $5 million, hurt local businesses, and drove away new business.”

Abolish The City Council?

This mailer again displayed a glowering, angry-looking headshot of Martinez—one of three appearing in the first piece (which made him look a little bit like the late Leon Trotsky, who was no anarchist). The second brochure noted that “Richmond needs new businesses and jobs” but, with a card-carrying “anarchist” on its council, the city won’t be able to attract either. The bottom line: “Eduardo Martinez is too radical for Richmond.” For more details, readers are directed to a Moving Forward website – www.NoEduardo.com – where we learn that Martinez is “so radical that he does not think the city council should exist”—a truly unusual stance for any city council candidate anywhere.

Just as these dire warnings landed in the mailbox, my home phone started ringing. It was Research America, a Sacramento-based pollster, calling to discuss local politics. Who was paying for this opinion survey, I asked. Oh we can’t disclose that, my would-be interviewer said, but you can talk to my supervisor. Her supervisor didn’t know or wouldn’t say who was behind the call either, disclosing only that Research America had been retained by EMC Research, a firm based in Oakland, who was acting on behalf of some third party whose identity could not be revealed in order to “maintain as much impartiality as possible” in the polling.

I objected to this policy of client anonymity but asked the supervisor to put her subordinate back on the line.  OK, I said, what do you want to know? Actually, she had some things that Research America/EMC wanted me to know like, for example, that Martinez and his “Team Richmond” running-mate, Gayle McLaughlin, were part of “an extreme left wing group called the Richmond Progressive Alliance. It’s a group of radicals out of touch with Richmond voters.”

Stop right there, I said. How could that be? McLaughlin has twice been elected mayor of Richmond, and once before that to the city council.  Martinez only narrowly lost his previous council race two years ago. How “out of touch” could they be with a won/loss record of 3 to 1 between them? Besides, I said, “I belong to the RPA and I’m a Richmond voter. Does that mean I’m ‘out of touch’ with myself?

Push Polling Paymasters

My good-natured interlocutor at Research America plodded through the rest of her dreary task—which consisted of reading and asking my reaction to a long series of questions or statements, almost all of which deliberately misrepresented the political views, personal behavior, or public record of Martinez, Mayor McLaughlin, and Richmond Vice-Mayor Jovanka Beckles, a third RPA-backed council candidate.

The Occupy-related scuffles in downtown Oakland in 2011, which Martinez had no connection with, were duly revisited.  Anyone who didn’t know the RPA candidates personally—or hadn’t bothered to follow Richmond issues very closely—would have been left with a distinctly unfavorable impression of Martinez, McLaughlin, and Beckles.

Eager to confirm the identify of those displaying such “impartiality” while conducting a public opinion survey, I called and/or emailed Research America in Sacramento, EMC Research in Oakland, Chevron in Richmond, Moving Forward in San Rafael, and the firm of Whitehurst/Mosher, a key Chevron advisor, in San Francisco. Whitehurst/Mosher is listed as a paid “campaign consultant” on the California Fair Political Practices Commission Form 460, filed on July 30, which shows Chevron ponying up $1.6 million, all by itself, for the Moving Forward “coalition.” Neither Research America or EMC are listed yet as “payees” for any services rendered.

None of the above, except EMC responded, in any form, by Beyond Chron’s deadline. Reached by phone, EMC president and founder Alex Evans told me he has been a pollster since 1984 but would “neither confirm or deny” that Chevron/Moving Forward was currently his client. A Richmond city councilor in the late 1990s, Evans also wouldn’t acknowledge any past work for the oil company, before, during, or after his council service. “We have no disclosure obligations, no professional obligation to disclose unless directed by our client,” he said. (According to longtime Richmond council member and current mayoral candidate, Tom Butt, Evans is a Chevron pollster.)

These calls were necessary because, as Evans correctly noted, there is no mandated disclosure of who is financing phone polling, no matter how propagandistic.  Corporations or unions bankrolling “independent expenditure” committees–like Chevron’s Moving Forward—have to put their names on the direct mail brochures they send out to sway the electorate (and, in California, report their funding sources to the FPPC.)  But their hired “public opinion” surveyors are free to engage in “push polling,” with complete funder anonymity, until the next round of FPPC form-filing months later.

Aren’t You That Anarchist?

Two years ago, Eduardo Martinez was first runner up in a large field of Richmond council candidates, falling about 500 votes short. When one of the three winners died shortly after that election, Martinez should have been named to fill the vacancy– based on the 11,000 votes he received and the fact that the city’s Latino population, its largest ethnic minority, has no council representation. (Martinez chairs the Richmond chapter of MAPA–the Mexican-American Political Association.)

Instead, a non-Latino who received half the votes that Martinez got—but who doesn’t belong to the RPA —was appointed to the council for the next two years. This led Eduardo to run for city council again this year, as part of the three-person slate which includes RPA leader Gayle McLaughlin, a registered California Green, who is termed out, as mayor, after eight years in that office.

When Martinez was out campaigning last weekend, he made stops at a neighborhood block party, a local Democratic Party club, and a Pt. Richmond fundraiser for his campaign. At the block party, after he mingled and chatted affably with potential voters, one confessed to him: “You know, talking to you is not the same as reading about you.”

At the meeting of West County Democrats, Martinez tried to convince his fellow party members that his personal refusal to accept corporate donations made him a good candidate for local Democrats to endorse. Both he and Beckles, who was also seeking the club’s backing, pointed out that Chevron’s massive display of unfettered (and, in some forms, hidden) political spending illustrated the post-Citizens United threat to reform candidates throughout the country, regardless of party label. Their plea fell on partially deaf ears. Neither RPA candidate got the 2/3 vote necessary for the group’s endorsement.

On Sunday, Martinez was raising funds the old-fashioned way, one-on-one, at a house party attended by Richmond residents. The donations were modest, but there was a silent auction to boost the take. In his 2012 race, Martinez raised about $35,000–$20,000 coming from individual donors and $15,000 in local public matching funds. He expects to raise and spend a similar amount in the course of this year’s run for office.

It’s easy to do the electoral math. Eduardo’s total spending will be in the range of $1 per voter, if turnout is similar to last time. Meanwhile, Moving Forward will be spending more than $50 per voter, for its four preferred Richmond candidates, and possibly much more. Already, Chevron’s “independent expenditures” on behalf of the other Martinez have given him instant visibility via billboards, direct mail, other advertising, and, soon, paid canvassing as well. None of this activity has, of course, been “authorized” by or coordinated with any of its lucky beneficiaries—and certainly not the “push polling” that depicts a local progressive Democrat as an “anarchist,” of the violent and irresponsible sort.

But it sure makes running for municipal office a lot easier if your name is Al rather than Eduardo Martinez. If the latter suffers a second defeat on Nov. 4, he won’t be the only loser in Richmond.

Steve Early lives in Richmond and belongs to its ten-year-old Progressive Alliance. He is the author of Save Our Unions (Monthly Review Press, 2013) and is now researching a book about recent political changes and environmental conflicts in Richmond.

Contra Costa Times: Judge tosses out suit seeking to stop crude oil shipments by rail

Repost from The Contra Costa Times

Richmond: Judge tosses out suit seeking to stop crude oil shipments by rail

By Tom Lochner, Contra Costa Times, 09/05/2014

SAN FRANCISCO — A lawsuit by environmental groups seeking to stop shipments of crude oil by rail to Richmond was tossed out by a judge Friday on the grounds that it was filed too late.

Communities for a Better Environment, Asian Pacific Environmental Network, Sierra Club and Natural Resources Defense Council sued the Bay Area Air Quality Management District in March. The suit involved a Feb. 3 permit issued to Kinder Morgan to receive crude oil by rail at its Richmond trans-loading facility along the BNSF Railway tracks off Garrard Boulevard, where the oil is transferred to trucks.

Kinder Morgan Material Services LLC and Kinder Morgan Energy Partners LP were co-defendants.

Tanker cars sit on railroad tracks near the Shell Refinery in Martinez, Calif. on Monday, May 6, 2013. The Bay Area’s five refineries have moved
Tanker cars sit on railroad tracks near the Shell Refinery in Martinez, Calif. on Monday, May 6, 2013. The Bay Area’s five refineries have moved toward acquiring controversial Canadian tar sands crude through rail delivery. (Kristopher Skinner/Bay Area News Group)

The Feb. 3 permit amended a July 2013 permit that allowed Kinder Morgan to operate a denatured ethanol and crude oil bulk terminal. Ethanol is a volatile liquid derived from grain that is used as fuel or as a fuel additive, among other uses. The Feb. 3 amendments included modified testing procedures and standards for trucks. But the judge applied the 180-day statute of limitations to when the July 2013 permit was issued.

Both permits were issued ministerially and without environmental review.

Kinder Morgan has declined to say where the trucks are headed, citing confidentiality, but they are widely believed to be bound for the Tesoro Golden Eagle refinery in Martinez. Tesoro was an intervenor in the lawsuit, which had sought a preliminary injunction against further crude oil operations at Kinder Morgan and suspension of the air district permit pending a full review under the California Environmental Quality Act.

Earlier this year, a Tesoro spokeswoman confirmed the Martinez facility receives between 5,000 and 10,000 barrels per day of Bakken crude, a light, flammable variety named after oil fields in North Dakota and adjacent areas. That amount is equivalent to about two to four trains per month, the spokeswoman said, and is received through a “third-party facility” that she did not identify.

Air district counsel Brian Bunger hailed Friday’s decision as “a correct application of the law.”

“We’re pleased with the outcome,” Bunger said.

Air district spokeswoman Lisa Fasano said late Friday that “The Air District will continue to work with state legislators and policy makers regarding where and how crude oil is transported into the region for refining.”

But Earthjustice blasted the dismissal, saying it allows Kinder Morgan and the air district to “get away with opening (Richmond) to crude oil transport by rail without public notice.”

“This is just how the agencies and industry wins — hide the information, make the change under the cover of night, and hope people don’t notice while the clock winds down on any hope to stop these dangerous and callous developments,” Earthjustice attorney Suma Peesapati said in a news release. “What’s worse is this emboldens other companies to do the same thing and hide their switch to crude oil.”

Kinder Morgan spokesman Richard Wheatley said his company is “satisfied with the outcome.”

“It was a well-reasoned and thoughtful decision by the judge,” Wheatley said in an email Friday. “We look forward to continuing to serve our customers safely and reliably.”

Tesoro did not immediately respond to a request for comment.

Responding by email Friday, Contra Costa County Supervisor John Gioia, who sits on the air district board, said: “Despite this case’s dismissal, I remain concerned about the safety of transporting Bakken Crude and believe it’s important for the Federal Government to strengthen safety standards.”

Environmentalists jeer as Calif. judge throws out lawsuit against oil company’s rail facility

Repost from Reuters

Environmentalists jeer as Calif. judge throws out lawsuit against oil company’s rail facility

By Rory Carroll and Jennifer Chaussee, Reuters, September 5, 2014

Kinder Morgan [Facebook page]SAN FRANCISCO (Reuters) – A San Francisco Superior Court judge on Friday dismissed a lawsuit brought by environmental groups against Kinder Morgan’s Richmond, California, rail terminal, which quietly began unloading crude oil from trains this year, saying the plaintiffs waited too long to file their complaint.

The groups argued that since the company was given permission from regulators to begin accepting the deliveries without public notice, they were not immediately aware of the change.

Judge Peter Busch acknowledged there were “deep concerns” about the new cargo, which passes through the densely populated city of Richmond, but said the plaintiffs missed the 180-day window to request that the permit be revoked.

Suma Peesapati, an attorney for the environmental groups that brought the suit, said the company and regulators knowingly deceived the public.

“This is just how the agencies and industry win – hide the information, make the change under the cover of night, and hope people don’t notice while the clock winds down on any hope to stop these dangerous and callous developments,” she said.

Kinder Morgan and the regulator, the Bay Area Air Quality Management District, said they followed the law as written and denied doing anything in secret. California law does not require public notification or an environmental review for the permit, which was issued in February.

Friday’s ruling was met with hisses from environmentalists who attended the hearing, some of whom participated in a protest the previous day where they chained themselves to a fence at the facility.

The Kinder Morgan terminal is the most substantial oil-by-rail facility in the state, handling up to 72,000 barrels per day. The crude is unloaded from incoming trains and placed on trucks bound for a Tesoro-owned refinery in Martinez.

The number of trains ferrying crude oil by rail to California from Canada and North Dakota’s Bakken shale formation has jumped dramatically in recent years, prompting safety and environmental concerns.

In July 2013, a train carrying crude oil derailed and exploded in a town in the Canadian province of Quebec, killing 47 people.

(Reporting by Rory Carroll and Jennifer Chaussee; Editing by Lisa Shumaker and Ken Wills)

Video: Lockdown at Kinder Morgan

Repost video from Vimeo

Blockade the Bomb Trains! Lockdown at Kinder Morgan 4 Sept 2014

from Peter Menchini, September 5, 2014
Do bomb trains run through your neighborhood?  Oil companies are illegally shipping highly toxic and explosive tar sands oil through residential areas, and try to keep them secret.  On September 4th, 2014, activists entered Kinder Morgan rail yard in Richmond, CA and blocked the trains.  The city’s mayor came and spoke to them.