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State Court Knocks Down Lawsuits Challenging Richmond Coal Ordinance

05 Jan 2021

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 much 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, 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. 
 
Source : https://www.sierraclub.org/san-francisco-bay/blog