Honda Port of Entry Project Draws CEQA Lawsuit
December 23, 2008

Whether you like the project or not, you can largely blame the preparer of the Environmental Impact Report for drawing a legal challenge. See story below from today”s West County Times and Thoughts on the Honda Port of Entry Project, November 20, 2008. Bad EIRs are the norm in Richmond, and about half the time or more, the legal challengers are vindicated. Richmond resident sues city over Honda project

By Katherine Tam West County Times

Updated: 12/22/2008 05:27:28 PM PST

A Richmond resident is suing the city over its project with American Honda Motor Co., saying officials failed to study the full environmental effects before signing off on a deal that more than doubles the number of cars that will move through the Port of Richmond.

Resident Fred Arm filed the lawsuit in Contra Costa Superior Court, asking to stop the project until the city fixes the environmental impact report.

Honda wants to move at least 145,000 cars a year through the port, a deal that is projected to create 200 jobs and boost revenue by $87.5 million over 15 years. Officials have left open the option of extending the contract by 10 years. Crews plan to build a new rail yard at the Point Potrero Marine Terminal to load imported cars directly onto trains bound for the sales market.

Critics argued that trains ferrying imported cars will disrupt traffic at intersections, and train horns tooting at night would wake people. They also questioned whether enough measures are in place to reduce pollution.

The city Design Review Board certified the environmental report. Arm appealed to the City Council, which Nov. 18 rejected his argument that the document isn’t solid. That day, council members approved contracts for the deal.

City attorneys were out of the office Monday and could not be reached. City Manager Bill Lindsay said in an e-mail that allegations in the lawsuit have no merit.

The lawsuit argues that “irreparable harm to the environment and to the public will, or is likely to occur, through the loss of natural resources, increases in noise, light and air pollution and other environmental impacts.” The petition states that city officials failed to adequately analyze air emissions, traffic, noise and other effects, and did not factor in the maximum capacity of the loading tracks. The report did not analyze a range of alternatives as required by state law, Arm’s suit says.

Operations from the Honda deal will generate a net 1,491 pounds of nitrogen oxides a day, surpassing the state standard of 80 pounds, according to the EIR. Nitrogen oxides emissions contribute to smog, which can irritate lungs, and are “significant and unavoidable,” the report found. Project heads said the models they use measure nitrogen oxide levels from 24 miles away, so most of the emissions will be beyond Richmond, said Bill Robbins with Auto Warehousing Co., which will lead the project.

Noise would not be significant, the EIR states. Some longtime residents who are familiar with the way noise carries in the wind here disagree.

Trains will operate from 7 p.m. to 4 a.m., blocking intersections for 11/2 to six minutes. Officials limited blockages to no more than 10 minutes when trains are stopping or engaged in switching operations, and ordered them not to sound their horns except in an emergency.

Reach Katherine Tam at 510-262-2787 or ktam@bayareanewsgroup.com.

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