H-32 Correspondence – Regina Hsu
From: Regina Hsu [mailto:[email protected]]
Sent: Tuesday, November 15, 2022 11:33 AM
To: CityClerk <[email protected]>
Subject: 11/15 City Council Meeting - 32 Appeal Presentation
-EXTERNAL-
Hello,
I’m emailing with regards to agenda item 32 for tonight’s City Council meeting. For the appeal hearing, appellants will be using the attached slides for our presentation. Please let me know if you have any issues with the PowerPoint.
Thank you,
Regina
Regina Hsu (she/her/hers)
Senior Associate Attorney
Earthjustice
California Regional Office
707 Wilshire Blvd. Suite 4300
Los Angeles, CA 90017
T: (213) 766-1072
earthjustice.org
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Harbor Deepening
Project Appeal
Regina Hsu, Attorney
on behalf of Center for Biological Diversity, East Yard Communities for Environmental Justice, Natural
Resources Defense Council, Pacific Environment,
Sierra Club, West Long Beach Association
November 15, 2022
Region in Violation of State and Federal Clean Air Standards
Freight: Primary Source of Air Pollution
Source: August 6, 2021 South Coast AQMD Governing Board Meeting Presentation Who We Are: Neighbors of the Port &
Environmental Advocates
•Center for Biological Diversity
•East Yard Communities for Environmental Justice
•Natural Resources Defense Council
•Pacific Environment
•Sierra Club
•West Long Beach Association
Port Expansion Leading to Increased Pollution
Source: October 3, 2022 Port of Long Beach 2021 Emissions Inventory PresentationSource: Final Environmental Impact Report Harbor Deepening Project
•Purpose: “Displace Panamax
and smaller‐scale Post‐
Panamax vessels with larger‐
scale Post‐Panamax vessels,
which have increased cargo
capacity.”
California Environmental Quality Act
“The foremost principle is that the Legislature intended the act to be interpreted in such manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.” Friends of Mammoth v. Board of Supervisors (1972) 8 Cal. 3d 247.
Inaccurate Project Description
• “A complete description of a
project has to address not only
the immediate environmental
consequences of going forward
with the project, but also all
“reasonably
foreseeable consequence[s] of
the initial project.” Communities
for a Better Env't v. City of
Richmond (2010) 184 Cal. App.
4th 70.
Failure to Analyze Growth
Inducement & Cumulative Impacts
• EIRs must “discuss the ways in which the proposed project could foster economic or population growth … either
directly or indirectly.” CEQA Guidelines section 15126.2(e) • CEQA prohibits “piecemeal review” of “many little
[projects]—each with a minimal potential impact on the environment—which may cumulatively have disastrous
consequences.” Napa Citizens for Honest Government v.
Napa County Board of Supervisors (2001) 91 Cal.App.4th
342, 369.
Failure to
Analyze
Growth
Inducement &
Cumulative
Impacts
• Project intended to improve operations of marine
vessels & allow increased throughput at the Port
• 2021 Emissions Inventory shows reasonably
foreseeable impacts of increased throughput
include:
Source: October 3, 2022 Port of Long Beach 2021 Emissions Inventory Presentation Project Mitigation is
Inadequate
• An EIR shall describe feasible measures which could
minimize significant adverse impacts. CEQA Guidelines
15126.4
• Feasible Mitigation Measures:
• Shoreside power for oceangoing vessels
• Zero‐emission drayage trucks
• Zero‐emission cargo handling equipment
• Zero‐emission harbor craft
City Council Must Demand Lawful CEQA
Compliance
•CEQA review critical to understanding, disclosing, and curbing Port of Long Beach pollution impacts
•Project impacts must be quantified accurately to protect Port neighbors already severely affected by current air pollution •Air basin cannot accommodate currently envisioned project