Public Comment

Three Environmental Nightmares - Where is Democracy Hiding?

Harry Brill
Friday September 21, 2018 - 04:42:00 PM

Governor Brown recently issued an executive order to make California carbon neutral. That is, serious steps would be taken to prevent any increase of carbon dioxide into the air. If you are pleased with this new development, my advice is to hold the applause. The purpose of the executive order is only to avoid an increase but not a reduction in the already high level of current carbon dioxide emissions.

Moreover,- California is given until 2045 for the executive order to go into effect. This is 27 years from now. That is much too long a wait because many problems and barriers in the meanwhile can get in the way. But even if Brown's executive order survives and is taken seriously, it gives the business community 27 years to continue to spew even more carbon dioxide into the air.

A second recent environmental event is a federal court decision to throw out a California law that raises money for hazardous cleanups caused by accidents. The law allows California to charge railroad companies a fee per-car for carrying crude oil, gasoline, and other hazardous materials into the state 

The railroads claimed that the authorized fees gave the trucking industry an unfair advantage. But the fees must be higher for these multi-car trains because they inflict far more damage than a single truck does. Train spills are very costly to the environment and the health of those impacted. 

In one railroad spill, according to the San Francisco Chronicle, "19,000 gallons of gasoline flooded the Sacramento River, killing fish and vegetation for 40 miles and causing widespread local health problems." To address this problem required a major law suit, which cost the railroad millions of dollars. But the fines did not come close to fully reimbursing the community for all the damage that the spill inflicted. Without the ability to raise money to address environmental accidents, the environmental problems will increase. 

Among the most worrisome environmental developments is the plan to build a port for shipping coal abroad in West Oakland. About the community, the income of two thirds of the households is below the official poverty level. The majority of residents are African American. The air in West Oakland is very polluted. Health problems are widespread, and too many children suffer from asthma. And a higher than average death rate are among the penalties these poor residents pay for being forced to live there. 

Coal will make matters worse by increasing air pollution. The toxic pollution emitted by coal trains in the form of diesel exhaust is dangerous. These emissions can cause serious heart and respiratory problems, including lung cancer. The small particles of coal that residents will breath can get deeply imbedded in the lungs. 

Not just the health of West Oakland residents will be adversely impacted. The coal cars will be spewing coal dust on their route from Utah, where the coal is mined. Coal dust will escape into the air as the trains pass other states and communities on the way to Oakland. BNSF, which is the largest railway in North America, acknowledges that as much as a ton of coal and coal dust can escape from every loaded car. Because coal is inflammable, no cover is used on any coal cars in the United States. 

The company is interested in this issue because of liability concerns. The coal industry's main problem has been a decrease in domestic sales. So the industry hopes to compensate for the decline by shipping abroad. That is why it needs a port. Not surprisingly, the executives of the railway corporations are much more interested in the health of the industry then the well being of the residents.  

The West Oakland community has done an excellent job organizing against the planned project. They were able to obtain the support of organized labor, the religious denominations, and many influential politicians and citizens. As a result of the political pressure, the Oakland City Council voted unanimously to oppose the project (one councilmember was absent). 

However, Phil Tagami, who would be the developer of this project, appealed the decision to a federal appeals court. Again, the many opponents of building a port expressed their concern and indignation. The one very important individual whose support was missing was Governor Brown. Despite his rhetoric claiming that he has a strong commitment to a clean and healthy environment, he remained silent on this issue. 

The governor's silence, in effect, was a message to the court that he would not be opposed to the court overturning the decision by the City Council. His support for the fossil fuel industry is appreciated. That's why Governor Brown has been able to raise almost $10 million in contributions from 26 oil, gas and power companies. 

The decision of the court, which in this instance was the ruling of just one judge, decided in favor of the coal corporations. The US district court judge, Vince Chhabria, ruled that there was insufficient evidence to prove that coal would be harmful to the health of the west Oakland residents.  

To just complain that the judge's decision reflected his conservative interpretation of the law is not enough. It is very important to recognize that his decision was dishonest. The evidence that coal dust is dangerous is unquestionable. According to the United Nations World Health Organization, there is no safe threshold for inhaling coal dust.  

Politically speaking there is something terribly wrong with a judicial system in which a judge, who like other judicial appointments, can override the public's concerns on spurious grounds and get away with it. Clearly, this is a serious assault on democracy. 

The decision has been appealed to the 9th circuit. Also, it is trying to discourage financial institutions from making loans to build the West Oakland port for coal. Since many residents in other cities and states will be impacted by the coal trains, they too must join with West Oakland residents to stop the project. A critic of the coal corporations appropriately asserted, "COAL TRAINS MEANS COAL DUST-- Period." 

For those of us who have attempted to carefully understand why the health issues of West Oakland residents have taken a back seat by the establishment, the crucial question is where is democracy hiding.