Category Archives: Valero Crude By Rail

ROGER STRAW: STOP Valero’s dirty and dangerous Crude By Rail proposal

By Roger Straw, April 13, 2016
[Editor: The following article was submitted to the editor of the Benicia Herald, referencing recent pro-Valero letters published there.  – RS]

STOP Valero’s dirty and dangerous Crude By Rail proposal

The latest flurry of pro-crude-by-oil letters published in the Benicia Herald contained unwarranted attacks on local opponents of Valero’s Crude By Rail project. The claims were false, self-serving and blind to the factual realities of pollution and safety hazards that should result in denial of Valero’s proposal.

On Sunday, Valero employee John Lazorik attacked opponents repeatedly, discounting the public’s legitimate fear of increasing pollution and catastrophic explosions, referring to the overwhelming opposition as “irrelevant,” and claiming to know that our motivations are impure. In four different sections of his full page letter, he dismissed and belittled the tireless work of Planning Commissioner Steve Young, writing off his probing questions and detailed inquiry as “soundbites” and calling him a “ringleader for promoting disrespect.” Mr. Young respectfully disagreed with staff, pointed out the fatal flaws of the environmental report and disagreed with arguments that would weaken the City’s ability to provide for the public’s health and safety. All five of the other Planning Commissioners studied the documents, heard testimony, and offered their own similar critiques, resulting in a unanimous vote against the project. Benicia Herald readers – and our City Council – should read Mr. Lazorik with a pretty big dose of skepticism.

On Wednesday, Valero employee Duayne Weiler wrote that “90 percent of the negative pushback by mostly those outside of Benicia has been on rail traffic outside the refinery.” This is simply not true – on two counts. Just look at the 1200 Benicia residents’ signatures on a petition and listen to the testimony of 32 Benicia residents who spoke opposing the project at last weeek’s hearings. LOCAL Benicians began organizing to oppose Valero’s dirty and dangerous project in 2013. I was there – I’m one of the small group of Benicia friends who gathered to discuss it in March of that year, and who have persevered. Secondly, note that we have ALWAYS focused on pollution as well as explosive derailments, and have ALWAYS pointed out local onsite hazards as well as uprail hazards. Our local efforts were joined later on by outside forces who care about their communities and a healthy climate. The presence and testimony of outsiders is something I am personally grateful for and proud of. Our local work has been proven and strengthened by the voices of residents, experts and officials in Sacramento, Davis, the Bay Area, throughout California and beyond.

In another letter on Wednesday, John Potter wrote of “vitriol and fabrications that have been a part of this…process.” When a permitting process as profoundly significant as this one goes public, there are bound to be raised voices and individuals who transgress the bounds of civility – on both sides. But to characterize the entire opposition to Valero Crude By Rail in this way is to play dirty politics. The work of local organizers has been studious, detailed, fact-based and direct.

Mr. Potter concludes with a statement supporting the oft-repeated and as yet unsubstantiated claim that City Council may not consider issues beyond Valero’s borders due to federal law. Opponents have indeed raised serious questions about uprail impacts, as has the environmental report. There are, however, enough significant local, onsite hazardous impacts to allow Council to withhold a permit. To deny the project based on these onsite issues would indirectly protect our uprail neighbors from the pollution and catastrophic risks associated with Valero’s proposal. We believe that the City’s supposed inability to consider railroad hazards beyond Valero’s border could itself be considered an important reason to deny the permit.

Everyone should plan to attend next Monday’s City Council meeting, 7pm at City Hall. Anyone who has not yet spoken may do so at that time. And our silent presence will stand as a strong signal to Council members to do the right thing: STOP Valero’s dirty and dangerous Crude By Rail proposal.

Roger Straw
Benicia

Petition opposing Crude By Rail – 4,081 signatures submitted to Benicia City Council

By Roger Straw, April 9, 2016

Petition opposing Crude By Rail – 4,081 signatures submitted to Benicia City Council

On April 4, Benicians for a Safe and Healthy Community (BSHC) offered critical comments to Benicia’s City Council.  First to speak was Marilyn Bardet, followed by Andrés Soto.

Petition Roll - copies of originals (600px)
Demonstration roll of local petitions collected by Benicians for a Safe and Healthy Community

As Mr. Soto spoke, members of BSHC unfurled a demonstration “scroll” of original hand-signed petitions that stretched 4 times the length of the aisle in Council Chambers (see FACEBOOK video).

As he concluded speaking, Mr. Soto submitted for the public record BSHC’s list of 4,081 signatures of opponents of the project.)

Here is a summary by city and region of the 4,081 signatures.

There was a minor confrontation following the April 4 demonstration in City Hall.  City staff presumed that BSHC was presenting the “scroll” full of names for the public record.  City Attorney Heather McLaughlin took the heap of documents from the floor and began leaving Council Chambers.  Members of BSHC challenged her and quietly wrested the massive pile away from her and took it safely out of City Hall.  Staff was evidently unaware that the full list of carefully checked names was submitted in a separate document.  Later, BSHC submitted the following letter, clarifying the situation and asking the City to post a clean copy of the 4,081 petition signatures.  As of April 13, the City has not responded to BSHC’s letter.

SIERRA CLUB: Community Urges Benicia City Council to Deny Valero’s Dangerous Oil Train Proposal

Repost from Sierra Club – The Planet

Community Urges Benicia City Council to Deny Valero’s Dangerous Oil Train Proposal

By Elly Benson, staff attorney with the Sierra Club’s Environmental Law Program, April 6, 2016
Opponents of Valero’s oil train proposal rallied in front of city hall before the Benicia City Council hearing.
Opponents of Valero’s oil train proposal rallied in front of city hall before the Benicia City Council hearing.

On April 4, scores of concerned Californians converged on Benicia City Hall to urge the city council to reject Valero’s plan to transport volatile crude to its Bay Area refinery in dangerous oil trains. In February, local planning commissioners unanimously rejected the proposal, which would send two 50-tanker oil trains through California communities each day. Valero appealed that decision to the city council. Given the intense public interest in the crude-by-rail project, the city council has scheduled four public hearing dates this month.

Before Monday’s city council hearing began, opponents of Valero’s dangerous plan held a rally in front of city hall. Rally speakers included Berkeley City Councilmember Jesse Arreguín and Andres Soto of Benicians for a Safe and Healthy Community, as well as a local business owner and a senior scientist from Communities for a Better Environment, an environmental justice organization. Benicia residents were joined by members of “up-rail” communities (including Sacramento and Davis) who would be endangered by the oil trains rolling through their cities and towns on the way to the Valero refinery. Oil train derailments and explosions have skyrocketed in recent years — including the July 2013 derailment in Lac-Megantic, Canada that killed 47 people and obliterated several city blocks.

Berkeley City Councilmember Jesse Arreguín addressed the crowd at the rally outside Benicia City Hall.
Berkeley City Councilmember Jesse Arreguín addressed the crowd at the rally outside Benicia City Hall.

Inside the city council chambers, public comment began with testimony by a series of elected officials and agency representatives concerned by the risks posed by Valero’s oil train project. Speaking on behalf of the Sacramento Area Council of Governments (which represents six counties and 22 cities), Yolo County Supervisor Don Saylor urged the Benicia City Council to consider impacts on up-rail communities, including the 260,000 people in the Sacramento region who live within a quarter-mile of the railroad tracks. A representative from the Sacramento City Unified School District noted that 17 schools in the district are within the “blast zone” that would be put at risk by explosive oil trains on the railroad tracks. Other speakers included Berkeley Vice-Mayor Linda Maio and representatives testifying on behalf of up-rail air quality management districts, the City of Davis, and State Senator Lois Wolk.

After the elected officials and agency representatives spoke, residents of Benicia and up-rail communities voiced their concerns about the severe public health and environmental risks posed by Valero’s proposal. Although a few people expressed support for the project, the majority opposed it. Benicians for a Safe and Healthy Community presented the city council with a petition — compiled along with the Sierra Club, Stand, CREDO, Center for Biological Diversity, and 350 Sacramento — with 4,081 signatures of people opposed to Valero’s oil train project.
Benicians for a Safe and Healthy Community presented the city council with a petition signed by over 4,000 people who are opposed to Valero’s oil train project.
Benicians for a Safe and Healthy Community presented the city council with a petition signed by over 4,000 people who are opposed to Valero’s oil train project.

In addition to urging the Benicia City Council to uphold the permit denial, many speakers urged the council to reject Valero’s request to delay the appeal process. At a city council meeting last month, Valero unexpectedly asked the council to put the appeal on hold while the company seeks a declaratory order from the federal Surface Transportation Board regarding the scope of the legal doctrine of preemption. Valero has insisted that federal regulation of railroads means that Benicia is prohibited from considering the project’s impacts on communities and sensitive environments along the rail line (including derailments, oil spills, and explosions).

At the Benicia Planning Commission hearings in February, attorneys from the Sierra Club, Natural Resources Defense Council, and the Stanford Law School clinic refuted this expansive interpretation of the preemption doctrine, and the commissioners ultimately rejected Valero’s interpretation as overly broad. Notably, the California Attorney General has previously weighed in on the shortcomings of the city’s environmental review, and specifically noted the failure to adequately analyze impacts to up-rail communities. Valero has not offered a compelling rationale for why the Attorney General would request that analysis if preemption renders those impacts irrelevant. The oil industry’s self-serving interpretation of preemption was also recently rejected by planning staff in San Luis Obispo County, who recommended denial of a similar oil train proposal at a Phillips 66 refinery due in large part to the environmental and health impacts along the rail line.

In a letter submitted to the Benicia City Council last week, the Sierra Club and our allies explained why federal law does not preempt Benicia from denying the permit for Valero’s project. The letter also reiterated that the project’s local impacts, especially increases in refinery pollution, require the city to deny the permit. For years, the Sierra Club and our partners have pushed back against Valero’s efforts to hide the true impacts of its oil train proposal — including submitting comments at each stage of the environmental review process. Our allies in these efforts include NRDC, Benicians for a Safe and Healthy Community, Stand (formerly ForestEthics), Communities for a Better Environment, Center for Biological Diversity, SF Baykeeper, and Sunflower Alliance, among others.

Additional city council hearings are scheduled for April 6, 18, and 19, as needed for public comment and council action.

Media: Valero crude oil gets another shot at NorCal railways (KCRA Sacramento, 4/5/16)

Rallying in front of Benicia City Hall.
Rallying in front of Benicia City Hall.

 

COUNCIL HEARINGS: List of 77 speakers – articulate, informed opposition to Valero Crude By Rail

By Roger Straw, April 8, 2016

Council Hearings this week: 77 informed, articulate and often passionate speakers critical of of Valero Crude By Rail

pubcommentOPENThis past week, the Benicia City Council heard public testimony for and against Valero’s Crude By Rail proposal – mostly against.  Video of these comments can be found on the City’s website.

On the two dates combined, Council heard 77 highly critical comments calling for outright rejection of Valero’s proposal or at the very least a much revised and recirculated environmental report. Only 16 speakers favored Valero’s proposal.

On Monday, April 4, Council heard from 52 speakers.  41 were highly critical or completely opposed to Valero’s proposal, and only 11 spoke in favor.  Of the 11 in favor, most either work for or provide services for Valero.

Here is a listing of the 41 who spoke in opposition on April 4, followed by a listing of 36 such speakers on April 6:

MONDAY, APRIL 4  (41 who spoke in opposition)

  • 8 elected and appointed officials from beyond Benicia
    • 1 State of California elected official: Alex Pater, representing Benicia’s State Senator Lois Wolk
    • 4 from uprail communities
      • Don Saylor, Yolo County Supervisor and Sacramento Area Council of Governments past Board chair
      • Matt Jones, Yolo Solano Air District, representing 7 air districts: Butte, Feather, Placer, Sacramento, Shasta, and Yolo-Solano
      • Eric Lee, City of Davis planner
      • Laurie Lipman, representing Ellen Cochrane, Sacramento Unified School District Board
    • 3 from the East Bay
      • Linda Maio, Berkeley Vice Mayor
      • Jesse Arreguín, Berkeley City Councilmember
      • Alejandro Soto-Vigil, representing Berkeley City Councilmember Kriss Worthington
  • 18 residents from uprail communities of Sacramento, Davis and Dixon:
    • Chris Brown, Chris Brown Consulting, Sacramento, representing 30 who rode the bus from uprail communities tonight
    • Maura Metz, Davis
    • Jean Jackman, Davis
    • Maria Cornejo-Gutierrez, Dixon
    • Laurie Lipman, 350 Sacramento
    • JoEllen Arnold, Sacramento
    • Jan Rein, Sacramento
    • Rob Lain, Sacramento
    • Estevan Hernandez, South Sacramento
    • Kathleen Williams-Fossdahl, Davis
    • Jaime Gonzales, Sacramento, Board of Directors, California Student Sustainability Coalition
    • Carol Warren, Dixon, slides of her neighborhood along the tracks
    • Don Mooney, Davis, Environmental attorney
    • Samantha McCarthy, Davis, lives very near the tracks
    • Frances Burke, Davis, lives very near the tracks
    • Elizabeth Lasensky, Davis, powerpoint: From Davis to Benicia: Our Lives Are on the Line”
    • Lynne Nittler, Davis. Notes.  Powerpoint: Oil by Rail Safety in California Report by the state’s Interagency Rail Safety Working Group
    • Rodney Robinson, Davis
  •  3 residents from other communities:
    • Bill Pinkham, Richmond
    • Steven Hallett, Vallejo
    • Deborah Tallin, Lafayette
  • 12 residents of Benicia
    • Marilyn Bardet, Benicians for a Safe & Healthy Community
    • Petition Roll - copies of originals (600px)
      Demonstration roll of local petitions collected by Benicians for a Safe and Healthy Community

      Andrés Soto, Benicians for a Safe & Healthy Community (While Mr. Soto spoke, members of BSHC unfurled a demonstration “scroll” of original hand-signed petitions that stretched 4 times the length of the aisle in Council Chambers (see FACEBOOK video). As he concluded speaking, Mr. Soto submitted for the public record BSHC’s list of 4,081 signatures of opponents of the project.)

    • Madeline Koster
    • Teresa Ritz
    • Carol Thompson
    • Bart Sullivan
    • Rick Stierwalts
    • David Jenkins, Benicia Industrial Park business owner
    • Kathy Kerridge, Benicia Community Sustainability Commission member
    • June Mejias
    • Pat Toth-Smith
    • Kat Black, Chairperson, Benicians for a Safe and Healthy Community

WEDNESDAY, APRIL 6  (36 who spoke in opposition)

On Wednesday, April 6, Council heard from 41 speakers. 36 were highly critical or completely opposed to Valero’s proposal, and only 5 spoke in favor. Of the 5 in favor, most either work for or supply services for Valero.

Here is a listing of the 36 who spoke in opposition on April 6:

  • 7 experts, attorneys and organizers
    • Valerie Love, Clean Energy Campaigner, Center for Biological Diversity
    • Elly Benson, Attorney, Sierra Club
    • Ethan Buckner, Extreme Oil Campaigner, STAND (formerly ForestEthics)
    • Greg Karras, Senior Scientist, Communities for a Better Environment
    • Roger Lin, Attorney, Communities for a Better Environment
    • Diane Bailey, Executive Director, Menlo Spark (formerly Senior Scientist, Natural Resources Defense Council)
    • Rachael Koss, Attorney, Adams Broadwell Joseph & Cardozo, representing Safe Fuel and Energy Resources California (SAFER)
  • 1 Benicia city official
  • 6 Benicia business  owners, including 3 from Benicia’s Industrial Park, 2 from the Arsenal District and 1 from downtown
    • Giovanna Sensi-Isolani, owner of Fiber-Frolics, downtown Benicia
    • Jack Ruszel, owner, Ruszel Woodworks, Benicia Industrial Park (adjacent to the tracks, no access if blocked in emergency)
    • Hadieh Elias, owner, principal and professional engineer, ESE Consulting Engineers, Inc., in Benicia’s Arsenal District
    • Amir Firouz, principal and structural enginner, ESE Consulting Engineers, Inc., in Benicia’s Arsenal District
    • Ed Ruszel, Ruszel Woodworks, Benicia Industrial Park (adjacent to the tracks, no access if blocked in emergency)
    • Jennifer Kalika Stanger, M.D., family physician in Vallejo, lifetime Benicia resident
  • 22 residents, including 20 from Benicia and 2 from other communities. (Note that 7 of the above listed April 6 speakers are also from Benicia, making a total of 29 Benicians.)
    • Allan Miller, Davis
    • Nancy Finley, Benicia
    • Constance Beutel, Benicia
    • Dona Rose, Benicia
    • Shiela Clyatt, Benicia
    • Larnie Fox, Benicia
    • Eric Ferry, El Sobrante
    • Charles Coleman, Benicia
    • Judi Sullivan, Benicia
    • Dan Smith, Benicia
    • Michelle Rowe-Shields, Benicia
    • Phyllis Ingerson, Benicia
    • Roger Straw, Benicia, The Benicia Independent
    • Jan Cox-Golovich, Benicia
    • Barbara Pillsbury, Benicia
    • Jenette Wolf, Benicia
    • Tom Ruszel, Benicia
    • Rebekah Ramos, Benicia
    • Lisa Reinertson, Benicia
    • Steve Jones, Benicia
    • Craig Snider, Benicia
    • Ruby Wallis, Benicia