Global Community Monitor’s work to protect the public from health threats will be featured on 60 Minutes on Sunday March 1st.

60MinutesInterview

According to 60 Minutes’ own show notes:

After a seven-month investigation, 60 MINUTES found that Chinese-made laminate flooring sold in Lumber Liquidator outlets across the country contains amounts of toxic formaldehyde that may not meet health and safety standards.  Anderson Cooper reports.

In July 2014, Global Community Monitor released independent lab tests showing that Chinese-made laminate flooring sold by the Lumber Liquidators chain emits formaldehyde at levels far above the level requiring cancer warnings under California law.

Read more about the GCM’s work to protect public health.


Protect your family

If you live in California and have purchased laminate flooring from Lumber Liquidators in the past several years, you can find more information here.

Join the fight to protect our health

Make a gift to support GCM’s work to use legal means to protect public health.


 

 

 

~Save the Date~

60 Minutes Viewing Party

March 1, 2015 – 5pm – 8pm at the Ivy Room60 minutes invite

GCM is going to be on 60 Minutes and we’re all meeting up at the Ivy Room to watch it!  Pamela’s going to bring some salad and Denny’s making vegan chili & cornbread so BYO chili toppings and support our local watering hole by buying a cocktail from the bar.

Come join GCM Staff (we may even sign an autograph or two..) and learn more about the work we’re doing in California and worldwide to protect everyone from toxic exposure.

RSVP here

In case you missed it, some great activists are coming together in Oakland, CA this weekend to demand real leadership on climate change and strategize on how to achieve it.  The heavyweight (activist) contenders include 350.org, Californians Against Fracking, EarthJustice, Idle No More, and you know Global Community Monitor will be there!

Here’s why YOU need to be there:

  • Activists from all over the State are planning on attending.  This means you’ll have an opportunity to connect with the farmer in Kern County, concerned about groundwater contamination from fracking as well as the community leaders who are winning the fight in the Monterey Shale
  • There WILL be stickers!
  • By attending you’ll be able to learn about and contribute to statewide strategies to protect our communities for 2015

GrandLakeSign

  • Oakland’s a great city and the march should take you past the famous Grand Lake Farmers Market where you can pick up a quick snack and relish in the support from the Grand Lake Theater.
  • As always, the more of us show up, the louder the message is to Gov. Jerry Brown!

And, here’s the line-up:

  • Saturday, February 7th starts out with a march at 11:30am, meeting at Frank Ogawa Plaza.
  • Later that day, Californians Against Fracking (CAF) are hosting a statewide convergence at 4pm at Laney College.  Activists who are working to stop fracking in their communities will convene to hear more about CAF and to discuss how their local community or organization can engage with others across the state.
  • Sunday, February 8th, ForestEthics is closing out an amazing weekend with California’s first-ever statewide strategy summit on oil by rail from 9:30am – 4pm at Laney College.

No Fracking Billboard

 

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Whew, 2014 went by quickly and we were busy!

GCM’s 2014 PROJECT HIGHLIGHTS

GCM produced a landmark year, bringing long-term projects (2+ years) to a close in 2014.  Working in partnership with Coming Clean Collaborative and community partners to simultaneously release Warning Signs, a national report, and journal article on gas operations/fracking in late October. The report and article featured GCM’s monitoring work around gas operations in six states and provided a snapshot of the impacts of the industry throughout the country.

Southwest Organizing Project (SWOP) issued a statewide Air Quality Report, Breathe In New Mexico, featuring
Bucket Brigades in Albuquerque, Mesquite and the Navajo Reservation in November.

CommunityRecycleIn partnership with Center on Race, Poverty and the Environment and the Committee for A Better Arvin, we gathered a trail of evidence exposing the local compost facility’s poisoning of the local community. The publication, Rotten Neighbor: The Story of Community Recycling and Resource Recovery and the South Kern Communities Held Hostage by Neglect was released on the 3rd anniversary of two young workers’ deaths in October.

GCM also closed out the East Bay Body Burden Study in August.

GCM worked with partners to analyze monitoring data and release reports on the movement of goods including:

  • Argentine/Turner, Kansas: Focusing on a nearby rail yard, GCM and partners released a report that showed unhealthy levels of diesel exhaust, levels high enough on some days to send the elderly to the hospital or to raise the death rate among residents. The project was featured in a front-page story in the Kansas City Star.
  • Seward, Alaska: In July, the Resurrection Bay Conservation Alliance, Community Action Against Toxins and Global Community Monitor released the results of our collaborative air quality testing study. The report samples revealed that air around the Seward Coal Loading Facility expose neighbors to crystalline silica.
  • Houston, Texas: After closing out a year of sampling, we issued a report suggesting that every day the 10,000 residents of Galena Park are being exposed to unhealthy levels of particulate matter pollution from 5,000 diesel trucks entering and exiting Houston’s port.
  • Plaquemines Parish, Louisiana: Working with local residents, the Gulf Restoration Network and the Clean Gulf Commerce Coalition, GCM launched a coal export monitoring project in 2014.

GCM’s Long Term/In Depth Partnerships

Central Valley:

  • GCM has begun developing a model for improving the acceptance of community-based air monitoring and data into air district policy and decision making and enforcement of existing rules.
  • GCM’s Central Valley Organizer responded to complaints about gas odors in residents’ homes in Arvin, CA. Sample results revealed over twenty toxic chemicals, including cancer-causing benzene. The County evacuated eight homes. It was determined that fracking waste gas was beneath the homes. After months of advocating, Governor Jerry Brown intervened on behalf of the State. Flare in Shafter
  • We are completing a pilot one-year ozone monitoring program in Central Valley.  GCM obtained funding to purchase various new air sensors and field test an ultrafine particulate monitor

Bay Area:

  • Chevron’s real time Air Monitoring system in Richmond, CA went online with GCM serving as the City of Richmond’s expert advising the staff and ensuring accountability. This system is the best state-of-the-art refinery air-monitoring project in the nation and establishes a national model.
  • GCM has been participating in SF Bay Area Air Board meetings to advocate for the strongest Refinery Crude Slate and Tracking Rule in the nation. aimeecbrcrop
  • GCM provided guidance, planning and fundraising assistance to a newly formed Bay Area Refinery Corridor Coalition in the San Francisco Bay Area to help address crude by rail projects and refinery expansions.

2014 New Projects:

GCM launched two new air-monitoring collaborations with Jamaica Environment Trust in Clarendon & St. Anne
Parish, Jamaica and the Neighbors for Clean Air in Portland, OR.

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GCM organized a national gathering, the Community-Based Science for Action Conference, in November in New Orleans. This three-day event was co-hosted by local partners, Louisiana Bucket Brigade and Public Lab.

The event included a toxic tour of coal trains and a coal terminal in Gretna and Ironton, LA. Over 50 people, primarily industrial occupation doctors and nurses associated with the American Public Health Association Conference, attended the tour.  The following two days brought together approximately 150 attendees participating in 20 sessions featuring presenters from leading organizations and academic institutions.  Feedback from presenters and attendees has been extremely positive and supportive.  GCM was able to offer 35 scholarships to community members and presenters.
In addition, we participated in the Rally Against Fracking in Sacramento and all four of the Healing Walks in the Bay Area, organized by Idle No More.

Students at Don't Frack CA Rally

We also participated in numerous conferences and finally got a GCM Advisory Board organized to work on:

  • Expanding GCM’s monitoring tool kit
  • Build a place to provide resources for communities (online forums, website)
  • Leverage & legitimize current methods
  • Data presentation
  • Alternatives to fossil fuels

So Happy New Year!  And let’s see what we can accomplish in 2015.

Now that the dust has settled, we all got some much needed rest and the final close out paperwork is just about finalized, here are the top ten highlights from the Community Based Science for Action Conference.

  1. New Orleans! 

What better city to host the Community Based Science for Action Conference!  GCM has an exciting project nearby in Plaquemines Parish and co-hosts Public Lab and the Louisiana Bucket Brigade both have offices there.  With great food, music and culture; it was never a dull moment.

2.   The Toxic Tour of Myrtle Grove and Woodpark

Going all of the way to New Orleans without visiting our project partners in Plaquemines Parish would have been a huge disservice to all in attendance.   These communities are living on the fenceline of a large coal export terminal and have been plagued with fine coal dust covering their homes, decks and backyards.  Many of the residents all shared a similar story of moving out to the Louisiana bayou for a peaceful retirement.  Now they’re golden years are filled with relentless Environmental Justice activism.  Hearing their stories being shared with fellow activists, community organizers and even some folks from the American Public Health Association’s annual meeting was no less than inspiring.

3.   Keynote Speakers, Hilton Kelley and Gen. Honore

           

Two Environmental Justice leaders lending inspirational stories of their own challenges and success, what a better way to kick off each day of the Conference!

4.   All of the great new monitoring tools & techniques! 

What happens when you bring a bunch of community scientist together?  Well, for starters, they bring all of their monitoring tools to demo!  We had Buckets, Mini Vols, FLIR cameras, Kites and a plethora of gadgets from the Public Lab community. This provided an amazing opportunity to learn about the pros and cons of each as well as learn which ones would work best in each individual community.  Community monitoring tools have come a long way and there’s still room for improvement.  We’re doing our best to make sure all of the presentations are available online, so if you missed it, check here to see if we’ve got it.

5.   Wendy Colonna

We’re building a movement here and all strong social movements need music.  Wendy kept us going!

 6.   The Hosts and Volunteers!

With the community based monitoring expertise of Global Community Monitor, the local knowledge of the Louisiana Bucket Brigade and the resourcefulness of Public Lab the Community Based Science for Action Conference was no less than amazing.  This was by far a powerhouse trio and without the support from all three organizations, the Conference just wouldn’t have been the same.  Similarly, without the help from our volunteers, we’d probably still be trying to set up the place.  Three cheers for the volunteers who kept that show running! 

7.   The Networking Opportunities

Where can a resident from San Antonio, Texas get more information about a community led fight against a diesel emitting railyard from the community member leading one in Kansas City?  Well, the Community Based Science for Action Conference helped to connect those folks.  This conference provided an invaluable opportunity for residents living on the fenceline of heavy industrial pollution to connect with one another and share their own experiences.  What can a fact sheet do for my community?  Do you know anyone at EPA Region 2?  Can you help me organize my community?  How the heck can I use social media for fundraising?  All of these conversations were facilitated by the Community Based Science for Action Conference and that’s pretty rad!

8.   The Venue and Accommodations

The Old U.S. Mint was perfectly located in New Orleans’ French Quarter, and who doesn’t need a beignets break in between sessions?  The layout worked well, the auditorium was perfect for large sessions and there was plenty of room for one on one conversations.  Similarly, the Hyatt was a great place to recharge at the end of the day.  The plush pillows, multiple restaurants and gathering places, AND that breakfast buffet was delicious!!

9.   Happy Hour at the Maison

Open bar, tasty New Orleans appetizers and live music? Yes, please!

10.   The Attendees!

Even the best of the best planned conferences mean nothing without a wide range of attendees.  The scholarship assistance ensured that no one was turned away for lack of funds, which is crucial in getting community leaders there.  This movement is going to take people power and by the looks of it, we’ve got a pretty phenomenal bunch.  If it weren’t for the attendees, us hosts would have gotten pretty lonely.  So, thanks for coming out, thanks for your support and thanks for sharing your expertise!

And if you haven’t seen our photos or filled out the feedback form, please check it out.

Don’t miss this special piece from our allies over at Earthjustice! – GCM 


By Jenifer Collins  Monday, December 08, 2014

Last month, while sitting around the conference tables of Washington, D.C.’s biggest movers and shakers, I saw looks of shock come across the faces of those listening to local community activists explain why oil and gas drilling makes it dangerous to breathe.

They would know. After all, these concerned community members are the ones who took air quality data that appeared in a recently-released report and the first peer-reviewed study of hazardous air pollutants near oil and gas development sites across the U.S.

Taught by experts from the Global Community Monitor, the activists went out into their communities and took air samples in areas where they observed certain symptoms, such as headaches, dizziness or breathing problems. In total, community members from six states—Arkansas, Colorado, Ohio, Pennsylvania, New York, and Wyoming—collected 76 samples that were then analyzed by scientists.

The findings were worse than many community representatives could have imagined. They found carcinogens such as formaldehyde and benzene, some in concentrations above EPA’s most hazardous cancer risk level. Hydrogen sulfide, a nerve and organ toxin, was also found in concentrations that often exceeded health and safety standards. In Wyoming, one sample revealed that hydrogen sulfide concentrations were 660 times higher than the level the EPA classifies as immediately dangerous to human life. In addition, almost 40 percent of the samples collected contained volatile compounds in concentrations above federal standards for cancer level risk.

When I met the community members the night before their busy day of meetings in D.C., I saw a group of concerned citizens who didn’t choose this line of work—it chose them.

Frank Finan of Susquehanna County, Pennsylvania, who traveled to D.C. with his daughter, Kelly, was set to retire when he began to see the impacts of natural gas development near his home. Instead of retiring, he spent much of his savings to buy a specialized camera that allowed him to detect gases and other emissions that cannot be seen by the naked eye.

Emily Lane, one of the co-leaders of the local group Arkansasfracking.org, became involved because she suspected that the increased seismic activity occurring in her home state of Arkansas was due to the rise in hydraulic fracturing in the area. After learning more about gas development and witnessing her neighbors experience hair loss, memory loss, nosebleeds and fainting, she became concerned with the effect of this extractive process on air quality.

Deb Thomas is a resident of rural Wyoming, the executive director of Shale Test, and co-author of the report. She has dedicated her life to addressing the negative effects of oil and gas development, first on water quality and now air. She believes that this report is vital because it gives people information that they can take to their health providers. Prior to this study, these communities had no idea what they were being exposed to and how it could adversely affect their health and well-being.

Frank, Emily and Deb, along with representatives from the groups that worked on the report, met with numerous NGO partners and decision makers to inform them about the impacts that communities are facing from oil and gas development. Each of the individuals involved in this study faced much adversity in getting this information out to the general public, including being ostracized by their own communities and ignored by local officials. However, in D.C., they had a welcome audience. Throughout the day, community members were thanked for their dedication and sacrifice, with some even hailing them as heroes advocating for clean air and a healthy environment for their families, neighbors and fellow citizens.

“Drilling works perfectly on paper, but things don’t go right in real life,” says Frank.

This report allows communities the access to information regarding the air they breathe. The time is ripe for more meaningful change in the regulations for oil and gas development.

This study was organized by Coming Clean and Global Community Monitor. Coming Clean is a national environmental health and justice network of more than 200 organizations working together to reduce harmful exposure to toxic chemicals. Global Community Monitor works worldwide to empower communities at risk with the technology and expertise to document toxic exposures.

For more information on the report, read the guest blog post from Caroline Cox, research director at the Center for Environmental Health: Putting a Number on Dirty Energy Pollution.

By Tom Griffith, Martinez Environmental Group

The Community-Based Science for Action Conference begins this coming weekend! Co-hosted by Global Community Monitor, Louisiana Bucket Brigade, and Public Lab, it will be an opportunity for learning, sharing and networking with the goal of giving citizen scientists the tools to win cleaner communities.

Hilton with prize

Hilton Kelley

HeadShotRHonore

General Russel Honoré

The keynote speakers will be: Goldman Prize winner Hilton Kelley, and General Russel Honoré, commander of the Joint Task Force Katrina. In addition to a packed schedule of sessions, there will be a toxic tour on Saturday and a jazz dinner on Sunday.

Photo by observer.com

Jazz in NOLA Photo by observer.com

On Saturday, November 15, a Toxic Tour centered on Coal Dust Testing in Plaquemines Parish, LA, will be led by Plaquemines Parish Community Monitors, Louisiana Sierra Club, and Gulf Restoration Network. The tour will include three communities in Plaquemines Parish:

  • Ironton- Stop will include meeting with community leaders for local history. Discussion of the proposed coal export facility, RAM, directly adjacent to Ironton. View of the proposed Wetlands restoration project. Hear results of the current air monitoring project
  • Myrtle Grove- Meet with community leaders & discuss issues about nearby coal export UNITED BULK terminal & lawsuit.
  • Woodpark- Visit adjacent community of Woodpark, 250 feet from coal export operation.

Then it’s Saturday night in the Big Easy! Let the good times roll!

The Old US Mint, NOLA Photo by Louisiana Travel on flickr.com

The Old US Mint, NOLA Photo by Louisiana Travel on flickr.com

The conference proper begins on Sunday, November 16 at the historic Old U.S. Mint in New Orleans. Denny Larson of Global Community Monitor and Anne Rolfes from the Louisiana Bucket Brigade will open the event. Sunday’s keynote speaker will be Goldman environmental Prize winner Hilton Kelley.

The day will include a Community Success Stories panel with:

  • Jackie James-Creedon, Citizen Science & Community Resources: Tonawanda Coke Campaign,
  • Luis Olmedo, Comite Civico del Valle: IVAN Online,
  • Jesse Marquez, Coalition for a Safe Environment: LA & Long Beach Ports, and
  • Laura Cortez & Maria Reyes, Long Beach Alliance for Children with Asthma: LA & Long Beach Ports.

The panel will be followed by the day’s break out sessions. After the day’s work, participants can enjoy a leisurely walk to a hosted dinner in the French Quarter!

Photo by makeitright.org

The French Quarter, NOLA Photo by makeitright.org

On Monday, November 17, the conference continues with a sampling tools demonstration, and welcome by Public Lab’s Shannon Dosemagen. Monday’s keynote speaker will be General Russel L. Honoré. His remarks will be followed by Monday’s break out sessions.

The timely and useful session themes for Sunday and Monday include:

  • Community Science: Scientific research conducted by everyday people as part of a collective effort to improve environmental conditions in the area.
  • Extreme Energy:Increasingly risky environmental and public health trade-offs are accepted as the status quo in the ravenous pursuit of energy.
  • Partnerships: Successful collaborations amongst Community Based Organizations, Community Members, Non-profit Organizations, Academic Institutions, Foundations and/or Government Agencies.
  • Advances in Technology: Developing innovative monitoring tools.
  • Sharing: Communicating data and results to and with the public to educate and activate.

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These break out sessions will be hosted by an impressive group of environmental and health activists:
Calvin Tillman, Shale Test; Ryan Grode, Southwest Pennsylvania Environmental Health Project; Becki Chall, Public   Lab; Erica Gulseth, EarthJustice; Laura Cortez and Maria Reyes, Long Beach Alliance for Children with Asthma;         David Fukuzawa, Kresge Foundation; Jesse Marquez, Coalition for A Safe Environment; Denny Larson, Ruth Breech, and Jessica Hendricks, Global Community Monitor; Jackie James-Creedon, Citizen Science & Community Resources; Joe Gardella, University at Buffalo (via WEB); Evan Marie Alison, Louisiana Bucket Brigade; Wilma Subra, Subra Company/Louisiana Environmental Action Network; Gwen Ottinger, Drexel University; Jill Kriesky; Scott Eustis, Gulf Restoration Network; Stephen Lester, Center for Health, Environment & Justice; Jeff Warren, Public Lab; Hilton Kelley, CIDA; Will Rostov, EarthJustice.

Check out the full schedule. Lots of exciting sessions and inspirational speakers. Don’t miss it!

#Science4Action

November 6th, 2014

Editors Note: This is a guest post by Gwen Ottinger, Ph.D., an assistant professor in the Center for Science, Technology, and Society at Drexel University.  She has done extensive research on community-based air monitoring and community-industry relations around oil refineries.  She is author of Refining Expertise: How Responsible Engineers Subvert Environmental Justice Challenges (NYU Press 2013).
[This post originally appeared on the SciStarter Blog and is reproduced with permission.]


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Air Sampling in Progress (Courtesy: Global Community Monitor)

A study released last week in the journal Environmental Health breaks new ground in our understanding of the environmental effects of fracking—and shows the power that citizen science can have in advancing scientific research and promoting political action.

Unconventional oil and gas (UOG) production, including hydraulic fracturing (fracking), can affect water and air quality.  Researchers, including citizen scientists, have studied its impacts on water extensively.  But we don’t know a lot about how air quality is affected, especially in nearby residential areas, according to the study, “Air concentrations of volatile compounds near oil and gas production.” Part of the problem is where most academic researchers take samples.  Too often, they choose monitoring locations based on the requirements of the National Ambient Air Quality Standards, which look for regional, not local, effects of pollution.  When looking at air quality around UOG production operations, they may select sites opportunistically, based on where they can gain access or where they can find electricity for their monitoring equipment. This approach, however, may not produce data that is representative of the actual impact of fracking on air quality.

The recently released study pioneers a new approach to choosing sites for air quality monitoring: it mobilizes citizens to identify the areas where sampling was most likely to show the continuous impact of fracking emissions. Citizens chose places in their communities where they noticed a high degree of industrial activity, visible emissions, or health symptoms that could be caused by breathing toxic chemicals.  They took samples themselves, following rigorous protocols developed by non-profit groups working in conjunction with regulatory agencies and academic researchers.

The result – we now have a lot more evidence to show that UOG production can have a big impact on local air quality.  And, as a result of citizens’ involvement in selecting sampling sites, scientists and regulators now have a better idea of where to look to start studying those impacts systematically.

The study demonstrates once again the power of citizen science to improve scientific research. But it also shows the political power of citizen science.  In a companion report released by the non-profit Coming Clean, the study’s citizen-authors use their finding that air quality is significantly affected by UOG to argue that governments need to be cautious when issuing permits, and to call for more extensive monitoring that includes citizen scientists.

Next week, several of the study’s authors—and many other citizen scientists—will convene in New Orleans to cultivate the scientific and political power of citizen science.  At the Community-based Science for Action Conference, November 15-17, citizens dedicated to protecting their community’s environment and health will have the chance to try out new technologies for environmental monitoring, share best practices for successful collaboration between scientists and citizens, and learn about the legal and political issues where their science can make a difference.

Want to get involved?  Registration is still open at the conference’s website. Can’t attend but want to support your fellow citizen scientists? Consider making a donation to help send someone else to New Orleans.

- See more at: http://scistarter.com/blog/#sthash.pdzxel6w.nZm2eZO8.dpuf

on October 30, 2014 at 4:01 am – 0 Comments

A paper published today in Environmental Health has raised concerns about air quality in areas surrounding oil and gas operations, including hydraulic fracturing (fracking) sites. Caroline Cox, an author on the paper, is Research Director for the Center for Environmental Health, a US nonprofit working to end health threats from toxic chemicals in air, water, food, and the products we use every day. Here she tells us more about what their new study has found.


Decades ago, when I was a graduate student, my advisor often said that our job as scientists was to put numbers on the obvious. Maybe it should be obvious that oil and gas production, including as it does the extraction, transport, and processing of enormous quantities of hydrocarbon mixtures, will result in air pollution, but studies that put numbers on this pollution have been rare.

The complexities of topography, weather, and the variability in the production processes themselves make such studies difficult. Today Environmental Health publishes a new study that “puts numbers” on air pollution near oil and gas infrastructure in five US states and finds sobering results.

The Environmental Health study is a collaboration between 15 local, state, and national nonprofit organizations. Our groups came together to conduct this study because we all share concerns about the potential but little studied health threats from the expansion of oil and gas operations, and in particular from hydraulic fracturing (fracking).

Researchers trained community volunteers to take measurements in the study

Our study is an example of community based participatory research: the health concerns experienced by the local partners in the study were the impetus for the research. The local partners were trained to collect air samples and used their knowledge of local conditions to determine where and when to take the air samples.

About 40% of the samples we took contained at least one chemical at concentrations that exceeded risk levels established by either of two U.S. agencies, the US Environmental Protection Agency and the Agency for Toxic Substances and Disease Registry (ATSDR).

Concentrations of eight different volatile chemicals in samples from four of the five states studied exceeded these standards. The chemicals which most frequently exceeded the risk levels were benzene and formaldehyde, both known carcinogens, and hydrogen sulfide, which can cause dizziness, sore throat, labored breathing, and unconsciousness. Some of the pollution levels measured were extraordinary: for example one site found benzene at levels that were 12,000 times the safety level established by ATSDR.

Our results may surprise those who have heard claims that natural gas from fracking is a cleaner ‘bridge fuel’ to a climate friendly future. Our results suggest that oil and gas operations may not be as clean as advertised, and could pose unaddressed health risks to neighboring communities.

Given the gaps in air quality research around oil and gas operations, those of us who helped with the study hope that it will encourage more extensive future research, especially that which uses the expertise of local communities.  We also hope that it will spur more robust air pollution monitoring by government agencies, more disclosure about the chemicals used in oil and gas production, a precautionary approach to new oil and gas development, and increased investments in energy efficiency and renewable energy.

[UPDATE: Tonight, Oct. 28th, Andrés Soto from Communities for a Better Environment is giving a presentation on the Crude By Rail phenomenon, the Kinder Morgan – Richmond operation, and what actions local communities and governments might take in response.  The talk will begin about 7:30 PM at the Richmond City Council Meeting, located at the Community Services Building, 440 Civic Center Plaza, Richmond, CA 94804. Don’t miss it! It will include options to undo the wrongs you will read about below!]


By Tom Griffith, Martinez Environmental Group

Friday, September 5th, 2014, was court day. Not for the protesters who had locked themselves to the Kinder Morgan gates the previous day, but for Bay Area Air Quality Management District (BAAQMD), Kinder Morgan, and Tesoro.

On behalf of Communities for a Better Environment (CBE), Asian Pacific Environmental Network (APEN), Sierra Club, and CourtNatural Resources Defense Council (NRDC), Earthjustice filed a lawsuit against Kinder Morgan and BAAQMD. Earthjustice argued that since there was no public notice or environmental review, the crude-by-rail project at Kinder Morgan should be shut down, pending a full California Environmental Quality Act (CEQA) review.

This was an important moment for those of us tormented by the ever increasing likelihood of a new rail disaster. It was our best shot at shutting down the bomb trains until a proper CEQA review examined all the angles.

Such an important case should be determined on its merits. But Superior Court Judge Peter Busch took the easy way out and dismissed the Earthjustice case on a technicality.

It was a technicality, but a questionable one.

The judge ruled that the statute of limitations of 180 days had run out prior to the Earthjustice filing.  It didn’t seem to matter seal of ca sup courtthat Kinder Morgan’s secrecy made it impossible to know what was going on, and once the local CBS news affiliate KPIX broke the story, a petition was immediately filed. The judge actually said that normal citizens could have seen what was going on at the facility and been able to file a lawsuit within the 180 day limit! It didn’t seem to matter that Kinder Morgan didn’t even have a permit to handle Bakken crude oil until February 3rd, 2014 although they had been transloading for 5 months prior to the issuance of the permit.  The judge decided to start the 180 day statutory clock running when the 2013 permit to construct was issued, not the permit to handle. See the full timeline below.

It was a cowardly and random decision, at least it was from my vantage point.

BAAQMD - KM timeline

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