By Jacob Klein
Last year, the City of Richmond passed an ordinance to phase out the storage and handling of coal and petcoke over three years in order to protect the health of its residents. This came after significant pressure from local activists and organizations via the No Coal in Richmond movement. In response to this ordinance, numerous lawsuits were filed against the city, in both state and federal court, by the Levin-Richmond Terminal, Phillips 66, and the Wolverine Fuels (the Utah-based coal company).
On Christmas Eve 2020, the state court ruled in favor of the city on all claims challenging the Richmond coal/petcoke ordinance, including the principal claim that the city allegedly violated the California Environmental Quality Act (CEQA) when it enacted the ordinance. Specifically, the court ruled that “[t]here is substantial evidence that coal and petcoke dust are harmful to human health based on a number of scientific studies and reports” and that the city properly relied on a “categorical exemption” under CEQA, because the ordinance “will prevent more coal and petcoke dust from entering the air the City of Richmond” and thus will benefit the city’s environment and the health of its residents. Although the companies could appeal the state court’s decision, this is a promising sign of the strength of Richmond’s ordinance.
This is a big win for the people of Richmond who fought hard to protect their air quality. Richmond faces disproportionate air quality issues and received a Community Air Grant to identify and reduce emissions.
The federal litigation against Richmond is still pending. Sierra Club and SF Baykeeper have intervened, as promised, as defending parties in these cases to support the City of Richmond in protecting its public health. However, the state of Utah has also been allowed to intervene in a similar manner. Many Utah activists are upset that their Attorney General would make a move that protects corporate interests rather than a community’s right to protect its public health.
One Utah lawmaker, Rep. Andrew Stoddard, recently filed a bill to impeach the Attorney General, Sean Reyes. Rep. Stoddard says that Reyes has “put the aims of special interest groups above the voters who elected him.” Reyes also backed challenges to the presidential election results from former-President Trump and other Republicans.
The office of the Attorney General of California filed an amicus brief in support of Richmond’s ordinance for the federal legislation. We are waiting to hear more and hope that the federal courts will support the Richmond community.
Meanwhile in Richmond, a progressive majority now holds power on the City Council. Councilmember Melvin Willis, who voted in support of the ordinance, kept his seat. Former mayor Gayle McLaughlin secured a council seat and has a long track record of environmental support. And Claudia Jimenez, an activist and organizer who supported the No Coal in Richmond Movement, also secured a seat. These three, along with Councilmember Eduardo Martinez, who introduced the ordinance, give us hope for Richmond’s future.
Read the court order from the Superior Court of the State of California.