California Attorney General Confirms Benicia City Council Has Decision-Making Authority Over Valero Oil Train Plan

Attorney General Kamala Harris’ opinion vindicates what the Benicia Planning Commission, the people of Benicia, and our allies have always known

[San Francisco, CA] Today Attorney General Kamala Harris released a letter to the Benicia City Council clarifying that federal preemption does not limit the city’s authority to reject the Valero oil train project proposal. 

In response, groups opposed to the Valero project released the following statements:

“Attorney General Kamala Harris’ opinion vindicates what the Benicia Planning Commission, the people of Benicia, and our allies have always known — we have the local authority to deny this dangerous, unnecessary project. This also clearly shows that Valero’s request for a delay was a distraction, designed to delay the inevitable vote to deny this project. We expect the Benicia City Council to now deny the continuance and uphold the Planning Commission’s decision to deny the project.”

-Andres Soto, Benicians for a Safe & Healthy Community

“Attorney General Harris stood up for democracy and public safety today when she clarified that the Benicia City Council has the authority to decide on the Valero proposed crude oil train project. Valero was hoping to cloud the issue with complicated federal law, but the Planning Commission clearly understood that ‘significant and unavoidable impact’ means this oil train project is too dangerous for Benicia. The City Council must now uphold the Planning Commission’s unanimous decision to reject the Valero oil train project. And all other cities in California and around the US now know for certain that federal law does not ‘preempt or constrain the City’s discretionary decision-making authority…’”

-Ethan Buckner, Stand (formerly ForestEthics) California campaigner

Download the April 14 letter.