Category Archives: Valero Crude By Rail

KQED News: Benicia considers strengthening campaign finance ordinance against lies and misinformation

Benicia Considers Proposal for City Hall to Fact-Check Political Ads During Elections

KQED News, by Ted Goldberg, October 18
Valero’s oil refinery in the Solano County city of Benicia. (Craig Miller/KQED)

Benicia lawmakers are considering a proposal that could eventually require the city to fact-check political campaign advertisements — a novel response to alleged election misinformation that could face legal scrutiny.

The ordinance comes after a political action committee funded by Valero, the oil giant that runs a refinery in town, tried to influence voters in the last two city council elections. The company’s involvement in city politics also came as the Valero plant experienced two of the region’s worst refinery accidents in the last four years.

The ordinance was co-authored by Mayor Steve Young, whom the Valero PAC opposed in the last election. He said the committee put out ads that manipulated photos of him and distorted his record.

Now, Young said, the city should consider whether its campaign regulations “can be amended to prohibit digital or voice manipulation of images and whether any lying can be prohibited.”

The PAC, dubbed Working Families for a Strong Benicia, raised hundreds of thousands of dollars for the 2018 and 2020 city council elections. Both votes revived debate between some city officials and environmentalists on one side, who want more regulations on the refinery, and oil executives and unionized refinery workers on the other, who say they fear the city’s real motivation is to shut the plant down.

In 2018, two candidates backed by the PAC, which is also funded by several labor organizations allied with the refinery, won seats on the Benicia City Council. Another candidate, an environmentalist who was opposed by the committee, lost.

Last year, Young won the mayor’s race despite the PAC’s opposition to his candidacy. The ads said that he was against affordable housing and that he didn’t need a job because he receives a pension from previous local government work.

The mayor said he does want cheaper housing and there’s nothing wrong with receiving a pension. He said Valero’s opposition to him began in 2016, when the Benicia Planning Commission, which Young was a member of, voted to reject the company’s crude-by-rail proposal.

“Steve Young wants to turn Benicia into a place where young families can’t afford to live and work,” one flier stated. “Who would vote against kids playing at the ballpark? Steve Young did,” another one said.

Young and the proposal’s co-author, Councilmember Tom Campbell, said the ads mean the city should do a better job of making sure future elections are fair and honest.

But turning the government into a fact-checking body would be ripe for a legal challenge, according to Jessica Levinson, a Loyola Marymount University professor specializing in election law.

“We know the First Amendment does in fact protect lies,” Levinson said in an interview. “I think this is absolutely open to a legal challenge the second they pass it, if they do.”

“Who decides what’s an embellishment, what’s misleading, what’s just an omission versus what’s actually a lie?” Levinson asked.

Since the 2016 election and the beginning of Donald Trump’s presidency, misinformation has become one of the biggest issues in American politics, said Levinson.

“We are tackling a situation where there are more lies and there’s more technology that allows us to lie than for sure the framers every dreamed of,” she added.

At the same time, the local news industry, which traditionally acts like a fact-checking body, has been decimated. Benicia gets some news coverage but is often overshadowed by larger Bay Area cities like San Francisco and Oakland.

“One of the things that keeps me up at night is not just misinformation and disinformation and the fact that people believe it, but the fact that we have a dwindling press corps and particularly in smaller jurisdictions,” Levinson said.

The details over how the city would fact-check political ads has yet to be worked out. The proposal, set to go before the city council on Tuesday, would forward the issue to Benicia’s Open Government Commission, a body that would consider changing the city’s election campaign regulations. The commission would work on new rules and forward them to the city council next April.

Valero fought with the city’s last mayor, Elizabeth Patterson, after she called for more regulations to be placed on the refinery following a May 2017 power outage that led to a major release of toxic sulfur dioxide and prompted emergency shelter-in-place orders. Less than two years later, the plant had a series of malfunctions that led to another significant pollution release.

Jason Kaune, the PAC’s treasurer and head of political law at Nielsen Merksamer, a Sacramento-based lobbying firm, declined to comment. Representatives for Valero and unions that supported the committee did not respond to requests for comment.

Oil Train derails, burns near home of environmental activist

[Editor: With help from neighbors near and far, including Stand.earth, we stopped our own Valero Benicia Refinery from bringing tar-sands oil trains across California in 2016!  – R.S.]

Train cars carrying crude oil derail, burn north of Seattle

San Francisco Chronicle, by Lisa Baumann, AP, Dec. 22, 2020
A firefighter sprays foam on a burning, derailed train car Tuesday, Dec. 22, 2020, in Custer, Wash. Officials say seven train cars carrying crude oil derailed and five caught fire north of Seattle and close to the Canadian border. Whatcom County officials said the derailment occurred in the downtown Custer area, where streets were closed and evacuations ordered during a large fire response.
A firefighter sprays foam on a burning, derailed train car Tuesday, Dec. 22, 2020, in Custer, Wash. Officials say seven train cars carrying crude oil derailed and five caught fire north of Seattle and close to the Canadian border. Whatcom County officials said the derailment occurred in the downtown Custer area, where streets were closed and evacuations ordered during a large fire response. Photo: Elaine Thompson, AP

BELLINGHAM, Wash. (AP) — Seven train cars carrying crude oil derailed Tuesday and five caught fire, sending a large black plume of smoke into the sky north of Seattle close to the Canadian border, authorities said.

The derailment in the downtown Custer area closed nearby streets and spurred evacuation orders during a large fire response, Whatcom County officials said on Twitter. Interstate 5 was temporarily closed in the area in both directions.

Later Tuesday, the Whatcom County Sheriff’s Office tweeted that the fires were under control and the evacuation order had been lifted but roadblocks would remain in place. Fires at the site remained active, the Sheriff’s Office added, and residents were asked to stay inside once they returned home.

“Everyone’s in danger at a scene like this, but fortunately there were no injuries,” Sheriff Bill Elfo said at a news conference.

Jenny Reich, who owns Whimsy Art Glass, was preparing to open her shop and told The Seattle Times that while she is accustomed to train noises, “all of a sudden it was a really big noise, and everything was shaking.”

Black smoke obscured her view, emergency personnel arrived, and Reich said she was advised to evacuate her business. She grabbed her wallet, keys and dog and left.

Home to five oil refineries, Washington state sees millions of gallons of crude oil move by rail through the state each week, coming from North Dakota and Alberta, Canada, according to the state Department of Ecology.

The seven cars derailed at about 11:46 a.m. Tuesday, BNSF Railway spokesperson Courtney Wallace said at the news conference. She said two people were on board the 108-car train headed from North Dakota to the Ferndale Refinery, owned by Phillips 66.

“BNSF is working with local authorities to assess and mitigate the situation,” the railway said on Twitter. “The cause of the incident is under investigation.”

The state Department of Ecology said a command center had been set up at the scene with the railway and federal Environmental Protection Agency officials.

Matt Krogh, director of U.S. Oil & Gas Campaigns for the environmental group Stand.earth, is based in Bellingham near the derailment and told The Associated Press he could see the smoke. He said the incident was another example of how transporting crude oil by train – especially in large numbers of tankers — is “very, very dangerous.”

He cited the 2013 fiery derailment of a train carrying crude in Lac Megantic, Quebec, which killed 47 people, and a 2016 derailment in Mosier, Oregon, along the Columbia River that caused people to evacuate.

Krogh said crude oil is volatile and there are often track maintenance concerns. Among other things, Krogh and his group would like to see a reduction in the number of tank cars allowed per shipment.

“I think we got lucky today,” he said, referring to the derailment in Custer.

Democratic U.S. Rep. Rick Larsen, D-Wash., said in a statement Tuesday he was concerned about the derailment. Larsen is a senior member of the House Transportation and Infrastructure Committee.

“I worked closely with the Obama administration to create strong rules to make the transport of oil by rail safer,” Larsen said. “Clearly there may be more work to do.”

Custer, a small town of several hundred people, is about 100 miles (161 kilometers) north of Seattle.

Benicia cares – Oil Train derails and catches fire in Custer, Washington

[Editor: Thanks goodness we stopped our own Valero Benicia Refinery from all this in 2016!  See also coverage of this Washington story in the San Francisco Chronicle.  – R.S.]

Evacuations ordered as train carrying crude oil derails, burns near Custer

Bellingham Herald, by Denver Pratt, December 22, 2020

A train derailed and caught fire in the Custer area Tuesday morning and residents and visitors within a half-mile were being evacuated, according to Whatcom County Public Works, the Whatcom County Sheriff’s Office and Washington State Patrol.

The northbound train carrying crude oil derailed around 11:40 a.m. on Tuesday, Dec. 22, in the Custer area, according to Courtney Wallace, a Burlington Northern Santa Fe spokesperson, and the Whatcom County Sheriff’s Office. It is a BNSF train and track, Wallace said.

The train derailed near the 7500 block of Portal Way, according to the sheriff’s office on Twitter. The sheriff’s office evacuated people within a half-mile of the derailment. Shortly before 5 p.m. Tuesday, the sheriff’s office said on Twitter that the evacuation order was lifted for local residents of Custer. Once residents return home, they are asked to shelter in place and stay inside, the sheriff’s office said. Residents must show proof of residency in order to return home, the sheriff’s office said.

Roadblocks in the area will remain in place.

Seven railway cars derailed from the train and a fire started in two of the seven derailed cars, the sheriff’s office said. The fire was under control as of 3 p.m., but a few were still active as of 5 p.m., the sheriff’s office said.

There have been no reported injuries at this time, Whatcom County Sheriff’s Office Division of Emergency Management Deputy Director John Gargett told The Bellingham Herald about 2 p.m. Tuesday.

Gargett said it’s unclear at this time whether there was damage to nearby structures or buildings. While he didn’t know the exact number of people who were evacuated, he said evacuations were ordered within a half-mile around the center of Custer.

He said the train was carrying Bakken crude oil, so evacuations were ordered out of an abundance of caution. People are asked to avoid the incident site, as it’s not safe to approach, the sheriff’s office said.

BNSF has set up a claims hotline for people who have been impacted by the evacuation at 1-866-243-4784.

Wallace, with BNSF, said the first priority is safety issues and BNSF is working with local authorities to assess and mitigate the situation.

She said the cause of the derailment is under investigation.

“Our thoughts are with those who have been affected by this incident,” BNSF said on Twitter.

Washington State Patrol Trooper Heather Axtman said there were still a few small pools of oil on fire as of 2:45 p.m. on Tuesday. Axtman said fire officials determined the fires would burn themselves out in a little while. Axtman said at this time it’s believed there was no damage to nearby structures from the derailment.

Kamala Harris sent 2 important letters to the City of Benicia

By Roger Straw, August 11, 2020

Future Vice President Kamala Harris remembered in Benicia for her strong support

Kamala Harris, former California Attorney General and current Vice Presidential running mate for Joe Biden

Joe Biden’s nominee for Vice President, California Senator Kamala Harris, has a remarkable connection for many of us here in Benicia.  Her support for a safe and healthy world was incredibly important in the 2016 defeat of Valero Benicia’s dirty and dangerous oil train proposal.  The story should be told now, to honor Harris’ candidacy and to encourage support for a Biden/Harris ticket among all who care about clean air, land and water.

During our 3½ year battle to defeat Valero Benicia’s Crude By Rail proposal, then California Attorney General Kamala Harris wrote two letters challenging Valero’s project and the City of Benicia’s environmental review.  Her support was critical in support of local organizing efforts by Benicians for a Safe and Healthy Community and others far and wide.

Harris’ first letter came on October 2, 2014.  The letter is summarized and linked here:

CALIFORNIA ATTORNEY GENERAL LETTER CRITICAL OF VALERO DEIR

OCTOBER 8, 2014, Summary, from p. 2: Unfortunately, the DEIR for this Project fails to properly account for many of the Project’s potentially significant impacts pursuant to the California Environmental Quality Act(CEQA). Specifically, the DEIR: 1. … Continue reading California Attorney General letter critical of Valero DEIR→

Harris’ support added incalculable weight to the credibility of local and regional organizers, and caught the attention of news agencies across the country:

BLOOMBERG: CALIFORNIA AG REJECTS TRADE-SECRET CLAIMS FOR CRUDE-BY-RAIL

OCTOBER 22, 2014, Repost from Bloomberg News By Victoria Slind-Flor – California Attorney General Kamala Harris expressed reservations about the trade-secret provisions in a proposal for a crude-by-rail project in Benicia, California. In a letter to the city’s Community Development Department, she said the draft environmental impact report for … Continue reading Bloomberg: California AG Rejects Trade-Secret Claims for Crude-by-Rail→

RAILROADS FILE SUIT AGAINST STATE OF CALIFORNIA

OCTOBER 9, 2014, Repost from The Sacramento Bee – By Tony Bizjak and Curtis Tate – The battle over crude oil trains in California intensified this week, reaching into the legal sphere with potential national repercussions. The state’s … Continue reading Railroads file suit against state of California→

A year and a half later, on April 14, 2016, Harris sent a second letter asserting that Benicia’s Planning Commission and City Council have every right to deny a land use permit for Valero’s proposed Crude by Rail offloading rack.  I highlighted her convincing prosecutorial language in my headline:

CALIFORNIA ATTORNEY GENERAL: “FOR BENICIA TO TURN A BLIND EYE…”

APRIL 15, 2016, By Roger Straw – California Attorney General Kamala Harris: letter disagrees with City of Benicia staff, consultants and Valero Today the City of Benicia received a letter from California Attorney General Kamala Harris disagreeing with City staff, consultants and Valero Refinery. The letter asserts that Benicia’s Planning Commission and City Council have every right to deny a … Continue reading CALIFORNIA ATTORNEY GENERAL: “For Benicia to turn a blind eye…”→

And again, her challenge was picked up by media outlets far and wide.  A sampling:

EAST BAY EXPRESS: ATTORNEY GENERAL HARRIS: BENICIA HAS POWER TO REJECT OIL FACILITY

APRIL 15, 2016, By Jean Tepperman – In a strongly-worded letter sent Thursday to City of Benicia officials, California Deputy Attorney General Scott J. Lichtig wrote that Valero, the City of Benicia’s planning staff, and an outside attorney advising the … Continue reading EAST BAY EXPRESS: Attorney General Harris: Benicia Has Power to Reject Oil Facility→

SACRAMENTO BEE: CALIFORNIA ATTORNEY GENERAL KAMALA HARRIS CHALLENGES BENICIA OIL PLAN

APRIL 14, 2016, By Tony Bizjak – HIGHLIGHTS: • Harris said Benicia has the right to say no, is not pre-empted by federal law • Two 50-car oil trains would travel daily through downtown Sacramento • Valero spokesman: ‘We remain confident … Continue reading SACRAMENTO BEE: California Attorney General Kamala Harris challenges Benicia oil plan→

Finally… Benicia wasn’t the only recipient of Harris’ environmental support during those days.  See also…

DIANE BAILEY: CALIFORNIA ATTORNEY GENERAL LETTER, PROTESTS IN PITTSBURG 1/21/14

JANUARY 18, 2014, Repost from Diane Bailey’s blog, Switchboard, Natural Resources Defense Council California Attorney General Tells Major Oil Terminal Developer, WesPac, to Hold Up in Pittsburg Posted January 17, 2014 by Diane Bailey in Environmental Justice, Health and the Environment, Moving Beyond Oil The California Attorney General, Kamala D. Harris, sent a stark letter to the City of Pittsburg this week warning of … Continue reading Diane Bailey: California Attorney General Letter, Protests in Pittsburg 1/21/14→


For a trip down memory lane, see my permanent archive: The successful effort to STOP oil trains in Benicia, California

(benindy.wpengine.com/crude-by-rail-archive/)

Roger Straw