Category Archives: Valero Crude By Rail

Benician C. Bart Sullivan sends letter to Cal. Attorney General

By Roger Straw, September 2, 2016
[Editor:  This post originally appeared with an error that has since been corrected.  C. Bart Sullivan is not an attorney.  The error was our own, not that of Mr. Sullivan.  We apologize for our error.  – RS]

Local Benicia engineer C. Bart Sullivan petitions Attorney General Kamala Harris, points out serious flaws in Valero CBR design

On August 9, local Benicia engineer C. Bart Sullivan wrote the following letter asking for help from California Attorney General Kamala Harris.  Sullivan’s comments focus on the lack of adequate safety setbacks and potential catastrophic dangers within Valero’s facility and nearby facilities in the Benicia Industrial Park should the plan be approved.

This approach is highly significant, showing that even if federal law prevents the City of Benicia from denying a permit based on rail impacts (a highly disputed contention), there are nonetheless enough significant and serious flaws in Valero’s onsite engineering designs to allow the City to refuse the permit and deny the project.

Text of Mr. Sullivan’s letter follows.  Mr. Sullivan has allowed the Benicia Independent to reprint this letter with the understanding that it is “his personal opinion, informational only, and is not to be construed as legal advice.”

August 9, 2016

California Attorney General Kamala D. Harris
Office of the Attorney General
1300 “I” Street
Sacramento, CA 95814-2919

RE: Valero – Crude By Rail Project

Dear California Attorney General Harris:

Benicia needs your help. I am deeply concerned about the safety of the Valero Crude by Rail Project and the oral dismissal of your legal advice to the city of Benicia by the city contract attorney, Bradley R. Hogin, Esq.

Based on the fact that Valero is the largest private employer in Benicia, the city staff is in favor of the project, and due to the oral legal advice provided by Mr. Hogin implying the futility of any action by the city, from my perspective, it appears that Benicia City Council will vote to approve the project.

From my personal expertise as an engineer with refinery experience, and based on expert opinions of professional engineers who have reviewed the proposed project design, Valero’s proposed crude-by-rail project design is extremely dangerous. Specifically, the engineering design does not allow for sufficient safety setbacks (the distance between the rail cars and oil storage tanks, etc.) to mitigate the likelihood of a chain reaction explosion within the refinery. Thus, due to the massive explosive potential of each rail car and the close proximity of the rail cars to other explosive fuel sources, it is highly likely that an explosion of only one rail car within the refinery will escalate into larger explosions extending beyond Valero property and into the city of Benicia.

Therefore, because of the lack of safety setbacks and the number of proposed rail cars entering the facility on a daily basis, the likelihood of catastrophic explosions at the refinery in Benicia puts hundreds, if not thousands, of Benicia residents directly in harm’s way. Unfortunately, the city has no way to mitigate this terrible danger, let alone mitigate other safety and health issues such as additional health impacts from the predicted increase in local air pollution.

Valero has categorically asserted that Benicia City Council cannot look to these unmitigable health and safety issues to deny the project due to the law of federal preemption. Based on Valero’s assertion, I wanted to bring comments from Mr. Hogin and Mr. John Flynn, Esq., Valero’s attorney, to your attention.1

In his testimony to the Benicia City Council, Mr. Hogin,  advised that the city had no recourse under federal preemption to deny the project, summarily dismissed your letter of April 14, 2016, and did not provide the city with any legal advice on how to challenge the project under Constitutional law. For example, Mr. Hogin did not provide any legal advice concerning how the proposed project could be challenged under the 10th Amendment or the Dormant Commerce Clause (DCC) using the rational basis test for the legitimate noneconomic purpose of protecting the health and safety of Benicia residents.

For your convenience, the following are recorded oral statements by Mr. Hogin and Mr. Flynn. I am deeply troubled by these statements, which I consider to be biased legal advice given to the Benicia city council April 18, 2016.

During the Benicia City Council meeting, Monday April 18, 2016, Mr. Hogin stated:

The Attorney General letter really missed the point. The issue here is whether a City can regulate rail impacts indirectly by imposing requirements on a shipper that address rail impacts, as opposed to impacts from the shipper’s facility, and the Attorney General opinion really doesn’t discuss that.

The Attorney General opinion only discusses cases where cities were addressing impacts from a transloading facility that was owned and operated by a private party.

In none of the cases where — that the Attorney General cites were any of the cities addressing rail impacts…”

Moreover, during the same Benicia City Council meeting, Mr. Flynn stated:

“As for the AG’s letter, I’m going to choose my words very carefully because I have a lot of respect for Kamala Harris and I have a lot of respect for her office, but that letter on the issue of preemption is dead wrong. Your attorney — the advice that you’ve been given by your attorney is exactly right. If you follow the advice that’s been given to you by Kamala Harris, you’ll be making a terrible mistake, a terrible legal error.

Somebody has suggested that Valero, because it’s a — it’s a refinery, doesn’t have any standing to ask for a Declaratory Order from the — from the Surface Transportation Board. That, also, is dead wrong.

You don’t have to be a railroad to get a Declaratory Order from the Surface Transportation Board, and that’s been proven on many occasions as a result of the fact that the Surface Transportation Board has, in fact, issued a number of declaratory orders as the result of requests made by nonrail carriers.

Valero is a shipper. A “shipper” is a term of art under federal law. So we do have standing to request that Declaratory Order.” (Emphasis added)

Even though Mr. Hogin briefly mentioned later in his discourse that the city could look to non-rail related impacts to deny the project, the above quoted transcript of the oral arguments do not reflect the serious and biased tone of the legal advice as orally presented to the Benicia City Council. Specifically, the oral presentation by Mr. Hogin implied that any legal recourse would be futile, and that the city of Benicia has no other option but to approve the project.

While the legal advice from both attorneys concerns me greatly, Mr. Hogin’s legal advice seems especially biased toward Valero’s position, and does not seem to be in the best interest of his client, the city of Benicia.

Thus, Mr. Hogin provided legal advice in a manner strongly advocating Valero’s position without formulating a defensible and well thought out argument for the case opposing Valero’s position for the city to consider.

Based on the above, I emphatically urge you and your staff to personally visit the city of Benicia to reiterate your position. I implore you to please help the city of Benicia realize that they have the power to protect their citizens, and without taking your advice they would be making a terrible legal error and would be breaching their duty to the people of Benicia and beyond.

Sincerely,

C. Bart Sullivan, E.E, J.D.


1 REPORTER’S TRANSCRIPT OF RECORDED PROCEEDINGS IN RE VALERO CRUDE BY RAIL PROJECT HEARING AND PUBLIC COMMENTS (http://www.ci.benicia.ca.us/vertical/sites/%7BF991A639-AAED-4E1A-9735-86EA195E2C8D%7D/uploads/City_Council_April_18_2016_Transcript.pdf)

Phillips 66 seeks six-month delay in San Luis Obispo rail spur hearing

Repost from the New Times, San Luis Obispo, CA

Phillips 66 seeks six-month delay in rail spur hearing

By Chris McGuinness, August 18, 2016

The oil company proposing one of SLO County’s most controversial projects is asking the SLO County Planning Commission to wait six months before taking up the issue again.

After months of lengthy hearings, Phillips 66 requested that a planned commission meeting on its proposed rail spur extension project scheduled for Sept. 22 be pushed back until March 2017.

The move comes as the company waits for a decision by federal regulators on another controversial proposal also involving oil-carrying trains in the Northern California city of Benicia.

Hearings for Phillips 66’s project, which would allow the company to bring in crude oil by train to its Santa Maria Refinery on the Nipomo Mesa, began in February. In a July 10 letter to county planning staff, the company said it wanted to wait until the Federal Surface Transportation Board ruled on a petition involving an oil train-related project in Benicia. The company in charge of that project, Valero, is seeking declaratory relief from the three-person federal board after the oil company’s proposal to transport 50 trains per-day carrying crude oil through the city was denied by the Benicia Planning Commission and appealed to its City Council.

At the heart of the Benicia case is the issue of pre-emption, or the extent of a local government’s authority over interstate rail transportation, which is the purview of federal government.

The same issue is at play in SLO. The hearings on the Phillips 66 project featured discussions over the county’s ability to set limits or conditions on the project.

“In the interest of efficiency of the commission as well as the planning staff, we believe it would be prudent to further continue the hearing on Phillips 66’s Rail Spur Extension Project until March 2017, so that all parties can benefit from the direction expected from the Surface Transportation Board,” the letter from Phillips read.

Andres Soto is a member of Benicians for a Safe and Healthy Community, an organization of residents who oppose Valero’s proposed project. Soto told New Times he was concerned that the impact of a decision that favored Valero would have far-reaching consequences.

“It would gut local land-use authority across the country,” he said.

Whether Phillips 66 gets the delay will be up to the SLO County Planning Commission. The commission will take up the request at the Sept. 22 meeting.

Grant Cooke: Benicia’s future is with Patterson, Young and the new economy

Repost from the Benicia Herald

Grant Cooke: Benicia’s future is with Patterson, Young and the new economy

By Grant Cooke, August 17, 2016
Grant Cooke
Grant Cooke

If Valero’s crude-by-rail, or CBR, project goes through, it will do irreparable damage to Benicia. If the three councilmembers—Mark Hughes, Christina Strawbridge and Alan Schwartzman— continue their support for the project, they will do an extraordinary disservice to the city.

I respect those who work on behalf of local government; however, in this case, the legacies of three pro-Valero councilmembers will be that when Benicia needed them, they stood down. They just didn’t have the vision or the ability to do what is right and best for the city.

While the same can be said for numerous elected officials in other American small towns, particularly those dominated by a fossil fuel company, it’s a painful thing to witness. What makes Benicia’s situation more painful, is that the city is gifted with a bright and forward thinking mayor and is nestled on the edge of the most innovative and financially robust center in the world.

Yet, the pro-Valero majority on the council mirrors the city’s self-inflicted company town identity. This fossil fuel dependence holds the city back from partaking in the Bay Area’s knowledge-based economy and its prosperity.

The company town malignancy is intensified by a remarkable and insulating geography that creates the city’s beauty. The town has an idyllic and picturesque quality that is enhanced by a touch of eccentricity and bohemian romanticism left over from the halcyon days of the Gold Rush.

This combination allows for a complacency in the social milieu that is on the one hand charming, but on the other, remarkably short-sighted. In fact, it’s just plain dumb, since it allows for the tacit acceptance of the status quo and masks the reality that problems are coming and action needs to be taken.

For a half-century, Benicia has allowed the refinery to prosper, hardly inhibiting its use of the atmosphere as a garbage can. For most of this time, the refinery has been the largest source of tax revenue, exercising dominant economic and political influence. Which is a pity, since the rest of the Bay Area embarked on a scientific, technological and economic renaissance that is unparalleled in human history.

Now, the era of carbon generated wealth and dominance is in decline, particularly in densely populated areas where growing number of residents are pushing back, protective of their health and well-being. Carbon-generated wealth, usually from extraction industries, is being overtaken by knowledge-based wealth. High-tech workers are transforming the communities throughout the Bay Area. Cities like Richmond that were mired in the death grip of the fossil fuel industry, are now undergoing gentrification and renewal.

So where does that leave Benicia? If the pro-Valero councilmembers have their way and Valero’s CBR project is approved, then the city will continue to be dependent on the refinery and the fossil fuel industry.It’s clear from the evidence that crude-by-rail transportation is unsafe, unhealthy, and disruptive, but it won’t matter if the project is approved and the 50-car trains take over the Industrial Park, cutting off access and exit for most of the existing businesses. Once the trains loaded with toxic and volatile Bakken crude start to roll, there will be no “do overs,” and the city’s future will languish.

There is no doubt that the fossil fuel and oil industries are in decline. Oil prices are dropping as too much supply hits the market. Renewable energy is cheaper, more plentiful and when connected to smart grids far more flexible and cleaner. Vehicles are getting more efficient and transitioning to hybrid, electric, and hydrogen power. The fossil fuel era with its environmental destruction, social and political upheavals, and corrupt power politics is winding down.

So by approving CBR, Benicia will be locked into a decline—all the while the rest of the Bay Area flourishes as the new knowledge-based economy expands.

As an interesting aside, in the last three months, Valero, Inc. made $19.6 billion in gross revenue and $87.8 billion for all of 2015. As part of the company’s second-quarter earnings announcement, Joe Gorder, Valero’s CEO, said “We are also encouraged by ample supplies of medium and heavy sour crude oils in the market…”

So, if there is plenty of supply, and the refinery’s current crude delivery process is creating substantial profits, why does the refinery still want to ship explosive Bakkan crude by trains through towns that oppose it? And why do they claim it’s necessary to bring it to a loading area with a potential blast zone that includes an elementary school?

Admittedly, Valero’s CBR project is not simple. There are key issues at stake, including the tax revenues versus the city’s right and responsibility to protect the health and well-being of its residents. Many people are involved to various degrees in the decision. Unfortunately, the town’s residents can’t vote on the project, since the decision is solely in the hands of the city council.

The pro-Valero CBR faction has tried to diminish the importance of the decision by claiming the opposition is simply a ruckus stirred up by passionate environmentalists opposed to Big Oil. The intent is to frame the local election, and opposition to the project, as simply a one issue ballot. But the reality is far different. It’s not merely a CBR issue, or whether the refinery is good or not for the city, but a clear and simple question of what is to be Benicia’s future? Will the city – pushed by the three pro-Valero councilmembers – be locked into fossil fuel’s decline, or will it have the wherewithal to step into the 21st century and join the Bay Area’s booming knowledge-based economy?

If Benicia is going to survive as a chartered city, it has to go where the future beckons, which is to the new economy. If it dithers, the city will be passed over, as the new economy leapfrogs to Vallejo and other cities along the Interstate 80 corridor.

Three decades in, the scientific and technological Renaissance is just getting started, powered by a steamroller of venture capital. Silicon Valley is awash with cash and opportunity, and the Bay Area’s great universities and national laboratories are brimming with patents just waiting for implementation. High-tech and green tech startups and businesses are growing exponentially each year. Chinese and other foreign buyers are trolling Northern California for the newest inventions and technology.

The Green Industrial Revolution will continue to grow, pushing out along the region’s main transportation corridors. Eventually it will extent from Palo Alto to Sacramento. Just as Apple overcame Exxon, the new economy will push out the fossil fuel industry in the Bay Area. Within a couple of decades, the Bay Area refineries will lock their gates, unable to withstand the shifts in the energy markets and the expenses of offsetting carbon emissions.

What the fossil fuel industries in the Bay Area—and by extension those cities that have cast their lot with them—are not realizing is that there is a generational and workforce shift taking place. The older work force who had a high tolerance for the fossil fuel and heavy industrial manufacturing industries are being overtaken by a tsunami of high tech workers. These young folks are sophisticated, intelligent and extremely sensitive to health and recreation. (Just visit San Francisco’s marina green on the weekend). Their lifestyles are far different than the established group. High-tech workers live in denser neighborhoods, drive efficient autos and take public transportation. (Visit Emeryville, or the area around Pleasant Hill’s BART station.)

Above all, tech workers have enormous amounts of money that is rapidly changing the real estate market and the Bay Area’s lifestyle. As these workers mature, they will pressure politicians for the things they value, which is certainly not carbon emissions or refineries.

Rarely in life does time and circumstance allow us to decide our fate. The future is often veiled and clouded, and usually clarity only comes with necessity, too often calamity. This is true for individuals as well as cities. Cities, especially small company towns, rarely have the visionary leadership and the ability to break loose from the status quo, until like Stockton or Vallejo they implode.

Benicia’s fate is remarkably unambiguous; stick with the old fossil fuel industry and go down with its decline, or join the Bay Area’s Renaissance and prosper. Throughout the world, other cities have faced much harsher realities and have been successful in transitioning to a new economy. Melbourne, Copenhagen, Berlin and Bristol leap to mind. In each, change was driven by strong visionaries who understood that change was the best option and who had the leadership skills to pull the cities and their residents forward.

Does Benicia have similar visionary leadership? That is clearly central to November’s local election. There are two councilmembers up for re-election—Tom Campbell and Christina Strawbridge. Mayor Elizabeth Patterson is being challenged by Vice Mayor Mark Hughes. Three councilmembers – Strawbridge, Hughes and Alan Schwartzman who is not up for re-election – favor Valero and its CBR project.

Mayor Patterson has shown time and again that she understands the dilemma the city faces and why its future lies with the new economy. She clearly has the vision, talent and leadership required to move the city forward, and should be re-elected. Councilmember Campbell also understands that Benicia’s future prosperity can’t be dependent on Valero’s CRB project and he should continue.

Steve Young, a new challenger for a council position possess exceptional talent and leadership skills, and clearly understands that the city’s best interests are to reject Valero’s CBR. As a member of Benicia’s Planning Commission, he spent countless hours on the issue, painstakingly doing the research and leading the commission through the pros and cons as each member came to agree that the CBR project was not the town’s best option.

Patterson and Campbell were outvoted by the three other councilmembers, and the council failed to accept the Planning Commission’s recommendation, instead giving Valero the opportunity to reopen the issue with the Surface Transportation Board. Cluttering the decision was some questionable recommendations from the city staff, goofy advice from a consulting attorney, and bullying from Valero’s high-powered lawyer. In short, the whole process reeked of the misinformation and strong-armed tactics so common when an oil company puts pressure on small town politics.

Given his remarkable dedication to Benicia and the work required to bring the whole CBR permitting process into the public light, Steve Young has clearly shown that he has the intelligence, talent and leadership skills needed to help the city transition away from the past and embrace the future.

For Benicia, come the November election, Mayor Patterson and Tom Campbell should be re-elected. Steve Young should be the newly elected councilmember.

Grant Cooke is a longtime Benicia resident and CEO of Sustainable Energy Associates. He is also an author and has written several books on the Green Industrial Revolution. His newest is “Smart Green Cities” by Routledge.

IN MEMORIAM: Benicia’s Joel Fallon: Is Crude by Rail really do or die?

Is this really adios?

[Re-posting today in memory of Joel Fallon, who died on August 11, 2016 (obituary). Joel was Benicia’s first and most beloved Poet Laureate, an inspiration to all who knew him and a thoughtful, visionary activist. Originally reposted from The Benicia Herald and here on the Benicia Independent.]

April 25, 2014 by Joel Fallon

WHAT AM I MISSING HERE? Are Benicians just kittens in a burlap sack, down by the riverside, resigned to the inevitable?

Let’s see if I’ve got this right.

(a) We’re in earthquake country (see evidence of the Green Valley fault in terrain on the way to Cordelia);

(b) We’re next to fragile wetlands (for spectacular views, click Google Maps/Benicia, hybrid setting, find rail line and follow to Sacramento);

(c) We’re contiguous with an important commercial waterway;

(d) We host an outfit whose headquarters has fought attempts to safeguard our environment (see Valero Energy Corporation’s position and funding regarding Proposition 23);

(e) A local outfit, under direction from its far-off headquarters, plans to process a dangerous, toxic product;

(f) The outfit is served by a rail system with a recent history of tank car derailment;

(g) Parts of this railroad system (built by Central Pacific RR in 1877), running through marshland to the Carquinez Strait, repeatedly sank into unstable marshy terrain, requiring hundreds of thousands of tons of rock, gravel and other materials to stabilize it;

(h) Other parts of the antique rail infrastructure seem poorly maintained and may be unsafe, e.g., the Benicia-Martinez rail bridge, built between 1928 and 1930 for Southern Pacific RR to replace the train ferry to Port Costa;

(i) Old tank cars are a problem — an area newspaper reports that BNSF railway officials told federal regulators in March of concerns that older, less robust tank cars will end up transporting crude oil because of Canadian rail pricing policies;

(j) Emergency responders are unprepared to handle spills or fires in the event of derailment of cars headed to any of five Bay Area refineries. State Sen. Jerry Hill, D-San Mateo, after listening to testimony from emergency responders, said, “There is a potential for very serious problems and very disastrous problems.” Chief of the Contra Costa Fire District is quoted saying, “… with the sheer volume that will be coming in, we are going to see more accidents.” The 2007-08 Solano County Grand Jury, after investigating the county’s fire districts, reports a general need for more funding, heavy dependence on dedicated volunteers and the preponderance of old fire trucks, while noting the high cost of HAZMAT suits and problems with communications caused by incompatible equipment and radio frequencies.     

And yet, despite this unbelievably horrific backdrop, certain elements in town warn us to hush lest Valero be forced out of the competitive (i.e., tar sands crude) market, destroying its “desire to remain in Benicia.”

Clearly, Valero Benicia Refinery cannot be faulted for all of the foregoing. Good workers deserve good jobs; they should be able to tell their grandkids they helped, rather than harmed, the environment. Valero Benicia is just one of many links in a chain of factors that could lead to the disaster so many in this community fear.

Am I “agenda driven” as charged? Bet your raggedy backside I am. My agenda involves doing homework to find threats to my home, my town, my state and my nation, and advising others of my findings (just in case they might care). If you detect it, yell “GAS” to alert the rest of the platoon; then put on your mask, while you can still breathe.

For a glimmer of the scope of Big Oil’s operations from sea to shining sea and beyond, see the astounding number of outfits similar to Valero Energy Corp. in the U.S and Canada. Find ’em in Wikipedia (“independent oil companies — Americas”). Select a company to see its history of oil spills. Wonder why the Keystone XL pipeline is planned to extend to Texas? Check out which corporations own the pipeline and the benefits associated with Foreign Trade Zones (32 FTZ in Texas compared to 17 in California, and 15 in New York).

If folks look around a bit they may discover that Big Oil, like Big Coal and other corporate behemoths, extends powerful influence throughout the land of the free and the home of the brave. Many were hoodwinked by Operation Iraqi Liberation, in which Big Oil colluded with Big Government to achieve absolute power of life and death over us and our enemy — the one with phantom WMDs and a vast, very real amount of oil.

Is this really adios, Pilgrim? — or just “I double-dog dare you”? I don’t believe it’s Valero’s style to leave town. It’s not in the corporation’s best interests and shouldn’t be its preferred option.

What are those options? They include:

Option 1. Stay put, but back away from risky tar sands crude and focus on products involving minimum environmental risk. Backing away for good business reasons is not the same as “backing down.” CVS decided to stop selling cigarettes. The firm considered it “the right thing to do for the good of our customers and our company. The sale of tobacco products is inconsistent with our purpose — helping people on their path to better health.” Barrons online says, “We think that CVS — like anyone who quits smoking — is making a good long-term decision, even if it makes things rough short-term.” Others consider it a PR coup! CVS gained the respect of millions of customers for what is perceived as a moral and ethical decision. I shop CVS more often since they made that brilliant call; so do my friends.

Backing away from tar sands crude would take similar corporate guts; but the public would be pleased with the image of a moral, ethical, highly principled corporation — a Valero that gives a damn. Sales at Valero service stations might even increase.

Option 2. Continue to pursue tar sands crude; seeking high profitability despite increased environmental risk. The downside: prices at the pump are too high. Californians are already angry; they may avoid Valero service stations and products. I’ll urge my friends to do so. Word of mouth is powerful and spreads quickly. Contempt for an outfit that doesn’t respect its customers or our environment could lead to loss of sales in the country’s most populous state. Cesar Chavez showed us boycotts work. Most folks I know didn’t buy grapes.

Option 3. “Re-purpose” Valero’s operations in Benicia (and elsewhere) to enhance instead of degrade the environment while remaining profitable. Valero is an energy outfit. Turning to alternate sources of energy is ultimately inevitable. Valero should expand its vision and not limit itself to fossil fuels. Farmers in Ireland who grew only potatoes learned about diversification too late.

(a) Pursue wind farming if feasible and profitable. A recent Mother Earth News article about mountaintop removal coal mining in Appalachia cites a 2007 study that determined placing wind turbines on Coal River Mountain would provide power to 70,000 West Virginia homes while generating $1.7 million in local taxes each year. Better than ripping off the tops of mountains and dumping enormous amounts of debris into streams and rivers.

(b) Pursue solar energy if feasible and profitable. Produce solar products for sale and/or operate a solar power facility to resell power. See an article by Don Hofmann, president of RegenEn Solar LLC, looking at mountaintop removal mining and suggesting solar power instead. He recognizes there are challenges but is optimistic about lower-cost solar cells and technology in the future. He notes that the U.S. fossil fuel industry received $72 billion in subsidies from 2002 to 2006 and asks us to imagine that kind of money put into solar development.

(c) Pursue other approaches (geothermal, tidal, et al.) if appropriate and profitable.

Option 4. Determine feasibility of combining 3a, 3b and/or 3c. If appropriate and profitable, pursue the combination.

Option 1 would be the easiest and would be enthusiastically supported by most folks in Benicia, applauded by most Californians and recognized as a principled business decision.

Option 2 is the least desirable from an environmental standpoint. While profitability is high, it may incur the contempt and wrath of the public, possibly leading to damaging boycotts and a decline in profitability.

Option 3a thru 3c may seem starry-eyed, wild and outside the box. They would require imagination, foresight and courage. It can be done. CVS is showing the way and TESLA is succeeding with electrically powered cars. Examine pluses and minuses — Valero could take a quantum leap and be regarded as an industry trailblazer. Its reputation would be enhanced. Envious competitors might scoff and want Valero to take a pratfall but ultimately they would have to follow suit.

In conclusion the priority order of Valero’s options should be:

Option 1 — Most desirable (preferred)
Option 3/4 — Most “outside the box” (defer initially, but plan for the future)
Option 2 — Least desirable (avoid).

If Valero is really in the long-term energy game, it should choose Option 1 and start thinking seriously about Option 3. If, instead, its focus is on short term — high profits while risking irreparable harm to the environment — then Option 2 is their ticket.

If Valero wants to be recognized as rich, principled, brave and famous instead of rich, unscrupulous and infamous, then it should open door No. 3 as soon as possible.

Finally: I don’t believe it is “adios” for Valero Benicia Refinery. Unfortunately, I think Valero will not choose a clean path. They will probably press on with dirty tar sands crude. After that, “¿Quien sabe?”

I don’t intend to “go gentle into that good night.” Instead I prefer to “rage against the dying of the light.”

This whole thing could be like a colonoscopy, but a lot less fun.

Joel Fallon is a Benicia resident.


The Benicia Herald’s Poetry Corner was recently dedicated to Joel Fallon…

“For Joel Fallon” by Ronna Leon

Reposted from the Benicia Herald, Poetry Corner, August 19, 2016

You called them “dead Mother poems”
and scorned their cloying sentiment, easy forgiveness.
Your poem about your Mother named her Kali.
You hungered for life – anger, difficulty, competition, sex.
You insisted that wringing a tear from a stone
was superior to opening well oiled floodgates.

 

Now you are dead and my tears come unbidden
looking at the bookshelf, pulling a stubborn weed,
eating a pastry.
“Keep smiling” you’d instruct,
but I don’t want to brush these tears away,
each glistens with memory, swells with loss.
You are in them, like it or not.Ronna Leon was Benicia’s third poet laureate from 2010 to 2012


“Hope is the Thing with Feathers (Dedicated to Joel Fallon)” by Johanna Ely

Reposted from the Benicia Herald, Poetry Corner, August 19, 2016

“Hope is the thing with feathers
that perches in the soul
and sings the tune without the words
and never stops-at all”
-Emily Dickinson

 

If such a tiny bird,
perhaps left for dead,
or suffering from an injured wing,
its feathers matted and torn,
finds refuge in your broken heart,
then reach inside yourself
and touch this living thing called Hope,
gently bind its limp and useless wing
with Love’s tattered cloth,
and press it to your shattered heart
until it heals,
until this lovely creature sings again,
then let it fly,
and nest in someone else’s heart,
the stranger,
the neighbor,
the old friend,
the one who just like you,
needs to hear its song.
Johanna Ely is Benicia’s current poet laureate

“Joel’s Passing” by Mary Susan Gast

Reposted from the Benicia Herald, Poetry Corner, August 19, 2016

“So, I may have been wrong after all – this damn cancer may indeed be the death of me.”
-Joel Fallon, in an email of June 30, 2016

He died on the morning of August 11.
That night, meteor showers dazzled the skies:
The Perseids, at their peak.
No reason to doubt that Joel hitched a ride
On that celestial glory train,
Meeting up with all the other streaming luminaries,
Fireball to fireball.

Mary Susan Gast served as Conference Minister of the Northern California Conference United Church of Christ, now retired, and is a member of Benicia’s First Tuesday Poetry Group