HomeMy WebLinkAboutMINUTES - 04111995 - S.1 S. 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: April 11, 1995 . MATTER OF RECORD
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The Board of Supervisors concurred to table Supervisor
Rogers' request for the Board to authorize County Counsel to file
an amicus curiae (friend of the court) brief in the U.S . Court of
Appeals for the Ninth circuit in CBE, et al . , v. Unocal, No. 95-
15139 .
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO BOARD ACTION TAKEN
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APR-04-1996 10:49 FROM DISTRICT 1 SUPERVISOR TO 64690 P.M
n
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY,STATE OF CALIFORNIA
In the matter of joining outer public agencies )
adjoining Francisco Bay in support of Save }
Francisco Bay Association,Citizens for a Better }
(E nvironment,the San Francisco Baykwper,and )
others as friends of the court before the U.S. }
Court of Appeals respecting toxic contamtnaflon } �
of lean Francisco Bay with selenium by UNOCAL )
Refinery without gout to the county }
Resolution No.951
WHEREAS ttte County of Contra Costa and all of the 18 does represent
citizens whose quality of life depends In large part on San Francisco Bay tree
from toxic pollutants;and
WHEREAS,Chevron,Tosco,and Pacific Refining have compiled with
selenium discharge requirements In their Clean Water Asx permits from the San
Francisco Say Regional Water Quality Control Hoard and Shelf Oil Co.has
agreed to an accelerated schedule of compliance with its permit from the
Regional Board,but Union Oil Co.has resisted compliance and continues to
discharge toxic selenium In excessive and harmful amounts from its refinery;
and
WHEREAS, Union Oil Company's refusal to comply gives it an economic
advantage over petroleum refiners who have complied,to the detriment of the
County of Costa Contra and other communities;and
WHEREAS, Union Oil's refusal causes harm to the quality of San
Francisco Say and quality of fife of the citizens of Contra Costa who fish In the
Bay,consume seafood from the Bay,and seek to enjoy the Say from the many
shorefine parks in Contra Costa county and elsewhere,and
WHEREAS citizen organizations devoted to protecting the quality of the
waters of San Francisco Bay brought a citizens action In the United States
DisfiGt Court for the Northern District of Califomla to enforce the selenium
discharge limits in the Clean WaterAct permit of Union Oil Company of
California's refinery on San Pablo Bay,issued by the San Francisco Bay
Regional Water Quality Control Board,and that Court upheld the right of such
citizen action;and
WHEREAS,Union Oil Company now seeks in the U.S.Court of Appeals
to deny citlzerW rights under the Clean Water Asx to bring court action to force
compliance with Clean Water Asx permits and has been joined In Its appeal by a
large number of industrial polluters from across the nation,and
WHEREAS,the Board of Supervisors of Contra Costa County wishes to
join other public agencies in urging the Court of Appeals to uphold the right of
citizens to supplement the enforcement powers of the Regional Water Quality
Control Board to reduce toxic contamination of Senn Francisco Bay;
NOW,THEREFORE, BE IT RESOLVED that the County of Contra Costa
joins with other jurisdictions comprising the areas along the shoreline of Contra
Costa County in fling a friend of the court brief In the U.S. Court of Appeals for
Ninth Circuit in CBE,et at.V.Unocal, No.95-15139,and,
APR-64-1995 t0•49 FROM DISTRICT 1 SUPERVISOR TO 64696 P.03
BE IT FURTHER RESOLVED that the County Counsel of Contra Costa
County is authorized to work with counsel for CBE,et at.to assure that the brief
reflects the interests specified above in this resolution,and
BE IT FURTHER RESOLVED that such appearance shall be at no cost to
the county of Contra Costa
Introduced by Passed and adapted by unanimous Yates of
Jim Rogers these Supervisors present on April 11,1995,
Supervisor,First District
I hereby certify that this is a true and corred
copy of an action taken and entered on the
minutes of the Board of Supervisors.
PHIL BATCHELOR,Cleric of the Board of
Supervisors and County Administrator
By:
Deputy Cleric
TOTfL P.@3