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Chevron Loses Appeal



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Building Bridges Between Black and Brown

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Challenging Chevron's Tax Theft

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ISSUES | Chevron and the Environment

Chevron Tries End-Run Around the Community 

Chevron PollutionChevron is trying to use Sacramento lobbying  to bypass environmental protections for Richmond.

Negotiations are still going on between environmental groups, the city of Richmond and Chevron about protections for restarting the Chevron  expansion project. But  Chevron is now lobbying the state legislature to sneak through a special exemption which allows the giant oil company to do its project without having to file an Environmental Impact Report and reach agreement with the city about environmental protections.  In  July 2009  a court  ruled that Chevron's Environmental Impact Report (EIR) for its expansion project was flawed because it did not reveal its true plans for the expansion, Chevron stopped the project instead of submitting a revised EIR or negotiating with the environmental groups. Chevron then appealed and again the Courts ruled that its EIR was seriously flawed noting that Chevron told one thing to its stockholder but another to the community.  In the last few months a Democratic assemblyman has been serving as a mediator  to find a way  to restart the project.  The city delegation for the mediation includes  Mayor McLaughlin, Vice Mayor  Ritterman,  Council Member Viramontes, the City Manager and City Attorney (see Chevron Loses).  In previous mediation attempts  the environmental groups demonstrated a willingness to try other approaches to protect the community. Chevron has refused to seriously address concerns about community health.

Chevron asks CEQA exemption
Apparently Chevron is trying to bypass these negotiations by asking the legislature for a special exemption from the California Environmental Quality Act (CEQA).  This act requires that projects must file and get local community approval of an Environmental Impact Report.  This is the main tool which allows communities to protect their air and water and other environmental conditions.   An exemption for any project should be questionable under any circumstance.  But to give an exemption to a company after judges have ruled that it mislead the public with its report would be  a scandal  and is only possible because Chevron has such deep pockets for politicians.

A number of mainstream environmental organizations like the Planning and Conservation League have drafted letters to send to the leadership of the State legislature asking them to refuse an exemption to Chevron.

Write your legislator and ask that they too refuse to give a free pass to Chevron.  Our air and water and our lives  are too important to trade for Chevron campaign contributions. We don't want a further weakening of the California Environmental Quality Act.  Demand that Chevron come to the negotiating table prepared to negotiate real protections of our air and water and to file a truthful and accurate Environmental Impact Report.

       Mike Parker

 See the LA Times blog on this.

Appeals Court Rules against Chevron on Environmental Impact Report

On April 26 the Appeals Court rejected Chevron's main claims.
The court found that the Environmental Impact Report was indeed flawed on the issues of heavier crude and greenhouse gasses. The judges did side with Chevron on the issue of the hydrogen pipeline.

EJ logos

This leaves the injunction standing, the project stopped and 1200 workers not working. The environmental groups, Asian Pacific Environmental Network, Communities for a Better Environment, and West County Toxics Coalition, have demonstrated a willingness to negotiate a way to restart the project and provide for the health of the community and environmental concerns, including taking some major steps at the request of Attorney General Brown's office. Thus far Chevron has refused to budge.

For more detail see:

Press release issued by groups participating in the suit

Environmental Groups accept offer to mediate

Contra Costa Times article

 

Chevron’s Move to Dirtier Oil:
One Richmond Worker’s Perspective

The California State Court of Appeals ruled against Chevron’s switch to refining dirtier, heavier oil at its Richmond refinery, citing violations of state environmental laws. This is a tremendous victory for Bay Area communities.

My name is James Walker. I live in Richmond and work for a local city agency. My mother immigrated here from Sweden in 1968 and our family has been here ever since. Fortunately, we don’t live next door to the refinery, but I can still see the smokestacks from my house.

Over the course of my life, I have seen far too many children and families suffering unnecessarily from the toxics in our air. Richmond children are hospitalized for asthma at twice the rate of children in the rest of the county. All of us are suffering the consequences of Chevron’s pollution, even those of us on the outskirts.

Is it any wonder that we suffer from these health problems? Chevron is in our backyards, pumping thousands of tons of toxics into the air each year. Chevron’s refinery alone is already responsible for 90% of industrial emissions in Richmond.

That’s why several years ago, when Chevron announced its plans to expand the refinery to process dirtier, heavier crude, workers and community members joined together in protest. The proposed expansion would likely have exposed our communities to even higher levels of toxic pollution. So we made our voices heard by packing city council meetings and courtrooms, putting our stories front and center.

It’s Richmond’s working class and communities of color that are hardest hit by Chevron’s toxic emissions. Nearly 80% of people living within one mile of the Chevron refinery are people of color and the majority are working class. So it comes as no surprise that Chevron’s strategy has been to divide these communities – pitting workers against communities of color, prospective jobs against community health.

These are false choices.

How dare Chevron ask us to choose between our health and the health of future generations, a clean environment, and much-needed jobs? Which among these would Chevron executives choose? We have the right to breathe clean air.

We have the right to raise our children in a clean, healthy environment. And we commend the California State Court of Appeals for recognizing this.

Our victory yesterday shows what’s possible when workers and communities stand together and demand more of our politicians and the corporations that operate in our backyards. Together, we sent a message that Chevron cannot continue profiting at the expense of our health. It’s time for all of us to embrace a cleaner, greener future.

This victory is just the beginning. In coming weeks, I will continue to work in coalition with the Asian Pacific Environmental Network, Communities for a Better Environment, and West County Toxics Coalition toward building healthy, green communities for all. I hope you will join us.

James Walker is a local city equipment services worker and member of Service Employees International Union Local 1021’s Richmond Chapter. He was born and raised in Richmond and is currently raising his children in Richmond.