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III) Accomplishments: past, preset, and future
CBE also contributes to the creation of precedents for environmental justice by taking various industries and regulators to court and winning lawsuits that enforce the minimization of pollution. In these lawsuits and settlements, CBE has accomplished agreements that enforce various power plants and refineries to use the most effective equipment that minimizes pollution. Victories have created funding health care for asthma and other public health support for community members affected by pollution. Many public agencies have been influenced by successful lawsuits as these in order to push for stricter regulations and enforcements against plants and refineries.

A) Wins against oil industry
This section will focus on CBE’s work against the Chevron Refinery in Richmond, CA. This information will primarily rely on the court case information in CBE v. City of Richmond / Chevron (2010) 184 Cal.App.4th 70

B) Moved mountain of noxious rubble
This section will focus on CEQA and EIR reports. Why they are important and how ConcoPhilips tried to bypass this requirement through obtaining permits. Why is this case important? THINK ABOUT METHODS DISCUSSED IN COLE CLASS READING (ARTICLE).

CBE v. South Coast Air Quality Management Dist. / ConocoPhillips (2010) 48 Cal.4th 310

C) Other major victories
- Challenge to Pollution Credits (This also relates to themes discussed in the Cole Article, I’ll primarily be drawing information from this reading to write about political economy and environmentalism).

ADDITIONAL CITATIONS FOR THIS SECTION: http://www.cbecal.org/about/victories/

http://www.cbecal.org/legal/recent-victories-2/

ARCHIVAL MATERIAL FROM CBE OFFICE: - Baeder, Ben. (2003). Cenco to Sell Property: Robinson Promises San Gabriel Valley Tribune. svgtribune.com - TOOK PICS, WANT TO UPLOAD <?>

- Baeder, Ben. (2003). Community helps ensure CENCO refinery won’t open. Whittier Daily News. - TOOK PICS, WANT TO UPLOAD TO WIKI <?>

V) CBE Case Studies
Communities for a Better Environment utilizes a diverse range of tactics in order to accomplish its mission of helping to build people’s power in California’s communities of color and low income communities to attain environmental health and justice. One of the tactics CBE utilizes to achieve this mission is their focus on legal work. Litigation permits underrepresented and underserved communities to hold a seat at the policy table and to amplify their voice in local, state and federal governmental agencies.

The legal approach of CBE has allowed for numerous victories that have not only prevented and reduced pollution in vulnerable communities of California, but have had effects throughout the United States and the world. Legal tactics support local organizing and court victories in global-scale policy debates that have local environmental impact.

CITE WEBSITE

Cenco refining company
In August of 1998, the Defendant Cenco Refining Company purchased a 65-year old refinery in Santa Fe Springs, CA that had not been operated in several years. Cenco Refining Company applied for and was granted reactivation and transfer of the previous owner’s operator’s permit by the South Coast Air Quality Management District (SCAQMD). Following this, Cenco Refining Company proposed a Refinery Expansion Project to the City of Santa Fe Springs which was eventually certified in 2000.

The Plaintiff, Communities for a Better Environment filed suit against Cenco, SCAQMD, and the City, alleging violations of the federal Clean Air Act (CAA) and the California Environmental Quality Act (CEQA). GOING TO HAVE TO EXPLAIN MORE LEGAL BACKGROUND: eg. Clean Air Act and “new source review”, how California Environmental Quality Act (CEQA) is California’s version of the National Environmental Policy Act, environmental impact reports

- The refinery began operating in approximately 1936 and was later owned by Powerine Oil Company beginning in the 1950s. In June 1995, Powerine Oil Company informed South Coast Air Quality Management Board that it was shutting down the refinery and suspending all refining operations in July 1995. - Before the shutdown in 1995, the Powerine Oil Company refinery was identified by SCAQMD as having the worst record for air quality violations and public complaints of any refinery in the South Coast Air Basin. SCAQMD was also identified the refinery as the 12th largest source of pollution in the South Coast Air Basin. EVEN THOUGH IN COURT CASE, NEED TO FIND CITATION - The South Coast Air Basin is widely recognized as having the worst air quality in the United States EVEN THOUGH IN COURT CASE, NEED TO FIND CITATION - The refinery is located near several elementary schools, several child care facilities, a senior citizen residential facility, a state hospital and a drive-in movie theater. ...WILL CONTINUE

CITE CBE v. Cenco Refining (2001) 180 F.Supp.2d 1062.

Steven sent me this information and I will discuss this in my analysis/explaining the importance of these legal cases :

Please explain why CENCO is important to CBE other than what is your website

Ordinary people often feel they don't have the agency to effect meaningful change. The saying 'you can't fight city hall' kind of sums it up. And in most campaigns residents are almost always significantly out-gunned, as was the case in the CENCO campaign. These victories dispels the fog in which people feel disempowered, by showing the power of organized communities and the effectiveness of CBE's triad model (combined strategies of community organizing, science and legal). And that power manifests in the ability to move, change and or have opportunities to fully participate in local/regional political power structures, have opportunities to fully participate in decisions that impact the environmental/public health of their community, improve existing environmental/public health conditions and to simply have access to data regarding what's being released into the environment. Also see see attached doc for a list of other victories (not comprehensive).

Flaring
Steven had discussed the issue of flaring and talked about how CBE worked a lot on this case within the Bay Area. I haven’t been able to find the court cases or legal documents that discuss their involvement. I don’t want to primarily cite their website. I’ll ask Steven if he knows of any reputable sources that I can cite regarding their involvement.

I know that CBE worked with the Air Quality Management Districts in Southern California and Bay Area.

Other Relevant Court Cases
For the following cases, I’ll make a chart of some sort, most likely following the IRAC method.

1. CBE v. City of Richmond

2. CBE v. South Coast Air Quality Management

3. CBE v. CA Resources Agency

4. CBE v. State Water Resources Control Board