Mendocino County Today: Sunday, May 31, 2015

• Rasta Rancor on Lambert Lane
• Sandbar Canal
• Gavin Does Humco
• Police Reports
• Catch of the Day
• Longterm Viability
• McCartney Clears Head
• Oil March
• Memo of the Air
• CEQA Court Tussle

RASTA RANCOR?

(Ed note: We have emailed the County and the Sierra Nevada Music Festival Organizers for comment on this issue.)

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SNWMF vs. Lambert Lane

Dear AVA,

Below is a letter that was recently left at the homes of Lambert Lane residents by SNWMF.

Sierra Nevada World Music Festival

A Summer Solstice & Peace Celebration

May 16, 2015

Encroachment permit for "Event Road Closure" on Lambert Lane; MC DOT Permit #TU_2015-0028

Dear Lambert Lane resident,

This letter comes to you as a notice, concerning vehicles attempting to enter and/or park on Lambert Lane during the Sierra Nevada World Music Festival 2015. This year we have obtained an encroachment permit allowing an "event road closure" for your street. The purpose is to keep a clear roadway and to prevent any obstruction of access or emergency vehicles attempting to access your property or the fairgrounds property.

Only vehicles of Lambert Lane residents, residents guests, SNWMF personnel and emergency vehicles will be allowed vehicle access on to Lambert Lane during the listed dates. However, the above-mentioned vehicles will not be permitted to park on the street with the exception of emergency vehicles. Vehicles parked on the street will be issued a ticket and a fine will be imposed. All pedestrians will be permitted to enter/exit at any time. And any and all vehicles will be allowed to exit at any time.

Dates for "Event Road Closure"

Where: Lambert Lane, Boonville, California

When: June 18, 2015 through June 21, 2015

Lambert Lane Vehicle Access Procedures:

In order to access Lambert Lane, all residents will be required to show "proof of residency" to "event security personnel" each time they attempt to enter with their vehicle. You may do so by providing security with any of the following:

Driver's license/identification card — must reflect a Lambert Lane address. Or,

Driver's license/ID card (may show a different address) — with a utility bill that reflects the Lambert Lane address. Name on license/ ID card must match the name on the utility bill.

Resident's guests — if you plan to have any guests during the listed dates, the following applies:

The resident (you) must provide SNWMF with a list of your expected guests (see contact information below).

Your guests will need to show a driver's license/ID card to security in order to enter onto Lambert Lane in a vehicle

Lambert Lane Street Parking

Street parking on Lambert Lane will not be permitted during the above listed dates. Vehicles parking on the street will be ticketed and fined. Only "special circumstances" may be given approval. If you feel you have a special circumstance please contact me (see contact information below).

Although this may seem at as though it will be an inconvenience we will be doing our very best to not make it inconvenient to you. It is in the best interest of you and your neighborhood.

SNWMF Contact Information

Any questions or concerns regarding this notice may be directed to our representative: Sherrie Letcher; sherrie@snwmf.com or by calling 530-886-0690.

Respectfully,

Sherry Letcher, SNWMF Coordinator

P.O. Box 208, Ryde CA 95680, 916/777-5550

info@snwmf.com

* * *

In response to this gross violation of our civil rights by Mendocino County DOT and SNWMF, Lambert Lane residents have written the attached community letter and taken the matter up with the appropriate county and local officials.

Our letter:

We, the residents of Lambert Lane, question the authority of Sierra Nevada World Music Festival organizers to encroach on our civil rights.

We consider their decree that we provide proof of residence a great inconvenience and very impractical considering there is no mail delivery on Lambert Lane to provide proof from the Post Office and not all people who live on Lambert Lane will have other proof of residence.

We are uncomfortable with providing lists of names of people who might be visiting residents during the time of the festival. Some Lambert Lane homeowners provide parking and camping for friends during this weekend.

What about unexpected guests and latecomers? They should be allowed ingress onto Lambert Lane without their names being on a list.

There are elders living on Lambert Lane who have care providers needing to access their home. It could be a critical situation should an elder forget to add their care provider to the list.

There are businesses operating on Lambert Lane that have customers. Will the customers be barred from frequenting the businesses if they are not on a list?

We suggest the simple alternative that an enforcement team be engaged to monitor and direct street parking, ticket and tow cars in “no parking” zones to insure there is emergency vehicle access. This would be a much better use of hired personnel than having them checking lists and IDs.

Bob Abeles, Lambert Lane, Boonville

CC: AV Fire Chief, Dan Hamburg, Fair Board, AVA, KZYX&Z News Director, Sheriff, Co. Dept. of Transportation, SNWMF.

MENDOCINOSPORTSPLUS’S ‘A FOR EFFORT(S)’ DEPARTMENT:

SOMEONE BREACHED THE NAVARRO RIVER SANDBAR

It took a Herculean effort, but person(s) unknown recently made a gallant attempt to lower the Navarro River (and open up the campground and Navarro State Beach to vehicles) by digging a “canal” from the river to the ocean, breaching the massive sandbar. 
Surprisingly, the river didn't rush through to widen the breach but it is hoped some wave action will do the trick — or maybe the aftereffects of the rainfall expected Sunday.
 Vehicle access to Navarro Beach, as well as to the State Parks Campground, has been prohibited for the past month because the road and parking lot have been flooded from the “dammed up” river.
 (Courtesy, MendocinoSportsPlus)

(AVA Ed Note: Some, apparently including State Parks’ local biologist Rene Pasquinelli, say that breaching the sandbar can change the salinity of the estuary and negatively affect certain aquatic species in the process…)

GAVIN DOES LEGALIZATION IN GARBERVILLE

By Emily Hobelmann

The tiny town of Garberville was a zoo on Friday, traffic was steady, parking was tight. Hella people were out and about, from sun-kissed SoHum fashionistas to old gray haired hippies, from cute and carefree kids to grow bros and less put-together types…

It was definitely a busy day. The farmers market did its thing on the the Town Square, which is always a welcome sight. The Southern Humboldt County Technical Rescue Team had a BBQ fundraiser on the square too. The Mateel’s Summer Arts and Music Festival is happening on Saturday and Sunday in Benbow, and town is abuzz with talk of that. SoHum is bustling.

But the real crowd-draw in Garberville on Friday was the Public Forum on Marijuana Policy with Lieutenant Governor Gavin Newsom. Congressman Jared Huffman called the forum, which was was billed as an invitation “to discuss the unique public policy challenges related to marijuana legalization affecting California’s North Coast.” Lost Coast Outpost posted the news last Tuesday.

The forum was held at the Garberville College of the Redwoods Campus, or The Redwood Playhouse, the community theater on Sprowl Creek Road by the freeway. I don’t often attend cannabis forums and meetings — I prefer to discuss weed politics in more relaxed, informal settings, such as a VIP dab lounge or a full-sun outdoor garden with a view. But who could pass up on seeing our most handsome public official Gavin Newsom talking weed in Garberville? Not me. I don’t think anyone even remotely interested in Emerald Triangle cannabis issues passed this opportunity up.

So I moseyed over to the playhouse on Friday afternoon, and I ran into Frenchy Cannoli on the way. He is the official “Hashishin” for Aficionado Seeds. Dude was puffin’ away on a phatty as we walked across the freeway bridge on Sprowel Creek. Frency’s Instagram feed features flashy photos of the pressed water hash he is known for crafting. About a day ago he posted the flier for the forum. His caption read: “We need as many people in the audience as possible. Help protect the Emerald Triangle”

A great many people did show up for the forum, which was scheduled to run from 1-2:30 p.m. I arrived right before 1 p.m., just in time to get a photo of Lt. Governor Newsom being interviewed outside of the playhouse. Inside of the playhouse, it was busy, busy. All of the seats were taken and it was standing room only in the back.

A big black curtain divided the front of the room, which had seats, from the back third of the room, which had no seats. The curtain was sort of lifted halfway in places, but not uniformly, so much of the view was blocked. Plus, the panel was not set up on the stage — the experts were set up at floor level, with everyone else.

I wound up squished on a couch in the back of the room along with the proprietor of Space Gem Candy, a Humboldt County-based line of edibles, plus two other people. We were hot and we couldn’t see shit. I could have gotten a seat with a better view if I had arrived earlier. But hey, I assumed “Humboldt time,” and that just didn’t work out for me. It happens.

The forum started promptly at one when Congressman Huffman introduced the all-male panel which featured Newsom and members of his Blue Ribbon Commission on Marijuana Policy, including former Humboldt County District Attorney Paul Gallegos. Luke Bruner, treasurer of California Cannabis Voice Humboldt, Assemblyman Jim Wood and Humboldt County Sheriff Mike Downey were at the table too.

I couldn’t see the gentlemen on the panel, but I did see all sorts of local cannabis personalities in the crowd, like Emerald Growers Association Executive Director Hezekiah Allen sporting a slick suit. Kym Kemp was there getting the scoop for her dedicated fan base. Kim Sallaway was taking photos. Adrian Baumann from Willits News looked like he was scoring some serious interviews.

Leo Stone was reppin’ Aficionado Seeds in his usual all-black attire. Tim and Taylor Blake from Healing Harvest Farms and Emerald Cup fame hung out in the back near our couch crew. Kellie Butterfield Dodds from the Cannabis Film Festival was there, so was Rachel from Baked in Humboldt, Craig from Satori Movement, event promoter Yvonne Hendrix, California Cannabis Voice Executive Director Richard Marks and my homey Lennon.

Each panel member got on the mic to make a brief statement, and straight away, Lt. Governor Newsom made a crack like, if you haven’t been up to Humboldt, you don’t know anything… That brought cheers and applause. State Assemblymen Jim Wood threw out talk of bills, environmental challenges and potential solutions, frameworks around medical marijuana that can transition easily when legalization comes, stakeholders… That whole spiel.

Panel member Keith Humphries is a professor of psychiatry at Stanford and he’s on Newsom’s blue ribbon commission. “Your input is absolutely crucial,” he told the crowed. Gallegos, introduced himself by saying he’s “moonlighting on the Blue Ribbon Commission lately.” He greased the crowd by saying, we are on “ground zero” here.

Sheriff Downey said the problem is that legislature does not want to engage in this issue. He asked, How can we go 19 years like this…? There has to be some type of legislation. Downey hopes for definition. The environmentalist on the panel said he wants to see trespass grows restored back to their former “pristine” habitat, and he’s not down with egregious, clandestine acts. John Corbett, the chair of the North Coast Regional Water Quality Control Board talked of water quality regs, of course.

Once everyone on the panel was introduced, audience members were invited to make comments and ask questions, so one-by-one, folks started to address the panel. Basically the format was like this: People would state their questions and comments, and Newsom would either answer them right away or he would wait for a couple questions to build up before he made comments. The other panel members would chime in here and there too. All I could see was backsides, but I could hear OK.

It all started with one audience member asking about issues around transporting cannabis. Then another lambasted the panel for using the word “marijuana,” which everyone knows is a racist relic that must be abandoned immediately. Local activist Robert Sutherland, got on the mic for a few minutes. And so did some dude from the Church of Jesus Christ and the Latter Day saints. That’s when the chick next to me said, “They had to shut this guy down at the last community meeting I went to.”

At this point, I started to catch whiffs of cannabis smoke wafting in through the open back door of the theater. People were going in and out and some of them were sweaty. It was hot in there. One guy approached the sheriff at the back of the room to complain about the silly black curtain dividing the room, to no avail. I showed my sweet photo of Gavin being interviewed to the ladies next to me. They swooned.

There was a great deal of hooting and hollering when one fellow spoke against the idea of a limited number of permits for cannabis producers in the state… “There are 4000 or more outdoor gardens in this county.” There were more hoots and cheers from the crowd when he said cannabis is just agriculture.

When Frenchy Cannoli had the mic, he told the panel that we have to protect the unique land and people here. He thinks the weed from this area can compete the world over. Beth Allen, the owner of Amillia’s restaurant in Garberville, asked the panel, “How are you going to protect us as patients, as growers, as business people…?” One guy ranted about how dangerous he thinks edibles are. “We have to think about the children… The children must be protected,” he said. “I think edibles ought to be locked up…”

Casey O’Neill from HappyDay Farm and Emerald Grown kept it real. He was basically like, hey, I participate in a whole legal framework when it comes to HappyDay producing food for market… What’s the hold up on incorporating cannabis into this whole agricultural framework? The crowd liked that.

Daryll Cherney spoke too. Cannabis has a culture to it, he said, there’s songs, there’s clothing, language… “This is a cultural phenomenon, not just a cannabis phenomenon…” Another guy that spoke declared himself a “BRC” groupie. His question was: “How is legalizing marijuana going to help the children of East Oakland?” Then he said, “marijuana is spiritual.” Then he got all into a anti-weed candy speech. Did I mention it was hot in there?

But Gav totally gets it, he gets all of it. This guy knows what’s up. He smoothly responded to everything, to the more bizarre concerns, to the environmental concerns, to the emotional appeals. He is slick forever — a total crowd pleaser.

Just after 2 o’clock, I stepped outside and smoked a joint of some Ringo Sour Diesel Skunk #1 Blue Dream with Pearl Moon, co-founder of 707 Cannabis College and The Bud Sisters. I made it back into the forum just in time to hear Wendy from Space Gem Candy defend edibles. Wendy should defend edibles — her medicinal candies and elixers are supreme.

She was the second-to-last audience member to address the panel. The forum ended promptly at 2:30. The crowd dispersed and some people lingered near the front of the playhouse to try and get pics with Newsom. I like that the forum ended on time, and I’d say it was a success, in that Newsom and his crew got to see a legit Emerald Triangle turnout, complete with all manner of community members, including local cannabis business folks, farmers and media. And lots of audience members were able make powerful points.

But there was a silliness to this town hall meeting too. The venue had limited seating and bad feng shui. So many people had things to say to the panel, yet there was only 90 minutes and everyone was rushed. Some people did not get a chance to speak. Emerald Triangle folks have a whole hell of a lot to say to Lt. Governor Newsom and his BRC about cannabis.

Maybe there should be a series of Emerald Triangle forums with the BRC? It was far from a genuine “discussion.” Newsom is definitely hanging with local cannabis people outside of this forum, so that’s good… I just hope he gets hooked up with some high quality Emerald Triangle cannabis products to show off back in Sac.

ON MAY 28, 2015 at approximately 7:30pm, Mendocino County Sheriff's Deputies were dispatched to the Ukiah Valley Medical Center to contact a female adult reportedly to be the victim of a sexual assault. The victim, a 46-year-old female adult, reported that Chadley Joe Gott-Simmons, 31, of Redwood Valley, had forcibly raped her at least two times during the day while inside her residence in Redwood Valley. Detectives from the Mendocino County Sheriff's Office Criminal Investigations Unit responded and took over the investigation. The investigation continued throughout the night and the suspect, Chadley Joe Gott-Simmons was located at approximately 4am at his residence in Redwood Valley, California. During the initial investigation Sheriff’s Detectives established probable cause resulting in Gott-Simmons being arrested and booked into the Mendocino County Jail on charges of Rape, Oral copulation by force, and False Imprisonment. Gott-Simmons was to be held at the Mendocino County Jail in lieu of $100,000 bail. Sheriff’s Detectives are continuing investigations into the reported incident at this time.

* * *

ON MAY 26, 2015 at approximately 1:45 PM the Mendocino County Sheriff's Office began receiving reports of an intoxicated subject causing a disturbance in the 200 block of Main Street in Point Arena, California. The callers reported that the subject was kicking business doors, banging on business windows, challenging pedestrians to fight, and walking into the roadway and stopping vehicular traffic. Upon their arrival, Mendocino County Sheriff's Deputies identified Daniel Vergara-Perez, 30, of Point Arena, as the subject and detained him. Further investigation revealed that during the incident Vergara had thrown a bottle at an adult male victim and shoved another adult male. Both victims were pedestrians in the Point Arena downtown area during the incident. Vergara was arrested for assault with a deadly weapon, simple assault, disturbing the peace/challenging to fight and booked into the Mendocino County Jail to be held in lieu of $35,000 bail.

CATCH OF THE DAY, May 30, 2015

CURTIS BECK, Upper Lake/Calpella. Possession of controlled substance, drunk in public, probation revocation.

HEATHER BECK, Ukiah. Possession of controlled substance and paraphernalia, suspended license.

CLAYTON BRITTON, Covelo. DUI.

JOHN COOLEY JR., Fort Bragg. Grand theft, possession of controlled substance, probation revocation.

MICHAEL DONAHE SR., Ukiah. Drunk in public. (Frequent flyer.)

RYAN HALBACH, Cloverdale/Ukiah. DUI, smuggling controlled substance or booze into jail, probation revocation.

EDWARD JOHNSON, Ukiah. Probation revocation. (Frequent flyer.)

CHARLES KESSELRING, Eureka/Ukiah. Vehicle theft, receipt of stolen property, possession of controlled substance, no license, evasion, resisting arrest, county parole violation.

ERIK KLEIN, Ukiah. DUI.

CHAD MABERY, Willits. Drunk in public.

RAFAEL MALDONADO-MATA, Ukiah. DUI.

CHERRI MAVIS, Willits. DUI, probation revocation.

DANNY MOORE, Ukiah. Under influence of controlled substance, probation revocation.

JOSE PADILLA-GONZALEZ, Ukiah. Drunk in public.

PALOMA PATTERSON, Redwood Valley. DUI.

RYAN PEPERA, Ukiah. Domestic assault, under influence of controlled substance, resisting arrest.

EDWARD STEELE JR., Ukiah. Probation revocation.

ON LINE COMMENT OF THE DAY

Humanity is nature’s only way (as far as we know) to witness itself. The universe’s only way to understand itself, and perhaps augment itself. It’s more than apparent that nature simply does not like what it sees in the mirror. We can lament and torment ourselves over our longterm viability, or our short-term inability to sequester those thoughts in the dark recesses while we enjoy a smooth ride out into the unknown. We’ve done a pretty good job of making things easy for many people, but the universe is a harsh place, and the Earth is an eat-or-be-eaten planet, and your mellow will be harsher and harsher again. Pray you enter and leave it while man still exercises a staggering degree of control.

PAUL McCARTNEY SAYS he has given up marijuana after many years of indulgence and now prefers wine or "a nice margarita." The former Beatle told the Daily Mirror he doesn't want to set a bad example for his children and grandchildren by using marijuana. He said Saturday his decision is "a parent thing." He says "the last time I smoked was a long time ago." McCartney had been a long-time marijuana user who spent 10 nights in jail after he was arrested trying to enter Japan with a large quantity of the drug in 1980. The 72-year-old British rock/pop star is fit and has long advocated a vegetarian lifestyle. He continues to perform for adoring crowds worldwide. (Courtesy, Associated Press)

HUNDREDS WILL RALLY AS OIL SPILL FOULS SANTA BARBARA "MARINE PROTECTED AREAS"

by Dan Bacher

As the Santa Barbara Oil Spill fouls the controversial "marine protected areas" created under the privately-funded Marine Life Protection Act (MLPA) Initiative, Californians Against Fracking announced they will march with local residents at the site of the tragic spill to call on Governor Jerry Brown to stop fracking and "move California off dirty fossil fuels."

Following a disastrous 105,000-gallon oil spill that devastated fish and wildlife populations and closed down beaches, the group "Stand in the Sand" will gather in De La Guerra Plaza in Santa Barbara on Sunday, May 31 at 1 p.m. to show solidarity with local residents and organizations working on the front lines in response to the spill, according to a news release from Californians Against Fracking.

"Members of Californians Against Fracking, including Santa Barbara County Organizer for Food & Water Watch Rebecca Claassen, will be there to call on Gov. Jerry Brown to issue an emergency moratorium on unconventional oil extraction methods including on- and off-shore fracking, and move the state toward 100 percent renewable energy," according to the group. "Carrying a 90-foot long inflatable pipeline, the group will call attention to the governor and state regulators’ failure to protect California communities from the hazards of extreme oil and gas operations."

Four "marine protected areas" created under the MLPA Initiative are now imperiled by the oil spill that started at Refugio State Beach on Tuesday, May 20, when an oil pipeline owned by the Plains All-American Pipeline Corporation ruptured, devastating over 9 miles of the Santa Barbara County Coast.

Ironically, the "marine protected areas" threatened by the spill - the Goleta Slough, Campus Point, Naples and Kashtayit State Marine Conservation Areas - were created under the oversight of a Big Oil lobbyist. Yes, Catherine Reheis-Boyd, the President of the Western States Petroleum Association who is leading the campaign to frack California and eviscerate environmental laws, CHAIRED the MLPA Blue Ribbon Task Force to create so-called "marine protected areas" that don't protect the ocean from oil spills, offshore oil drilling and fracking!

More than 1,000 residents from all over California are expect to join the "Stand in the Sand" rally outside Santa Barbara City Hall, and then march to the waterfront where they will create a human barrier to symbolically stem the tide of expanding extreme oil extraction operations in the state. Community members wearing yellow T-shirts will link arms at the waterfront, where there will also be an inflatable pipeline and electric cars. For more information, go to: http://www.standinthesand.org/may31rally/

Stand in the Sand was created in response to the Gulf Oil Spill in 2010. The group is raising money to aid clean-up efforts in Santa Barbara.

For more information about Californians Against Fracking, follow @CAagainstFrack on Twitter. For more information about Food & Water Watch, visit foodandwaterwatch.org.

You can view an eyewitness video on the oil spill by Madeline Stano of the Center on Race, Poverty & the Environment at: https://youtu.be/viIaT8bpqPc

Mainstream and most alternative media refuse to discuss reason for oil spill - Big Oil's capture of regulatory process

Unfortunately, the LA Times, the Santa Barbara Independent and other mainstream and alternative media are failing to cover the real story behind the Refugio State Beach disaster - the fact that oil spills like this one are the inevitable result of the capture of the state and federal agencies by the oil and chemical industry.

We can't effectively address the Santa Barbara disaster without discussing the Marine Life Protection Act (MLPA) Initiative, a controversial "public-private partnership" between the California Department of Fish and Wildlife (CDFW) and the Resources Legacy Fund Foundation (RLFF) that was supposed to create a network of "marine protected areas" along the California coast.

During the MLPA Initiative process from 2004 to 2012, state officials and corporate "environmental" NGO representatives made sure that Big Oil and other corporate polluters weren't impacted by the creation of alleged "marine protected areas" along the California coast.

In an article published widely in June 2010, I warned that the "marine protected areas" created under the MLPA Initiative don't protect the ocean from oil spills and pollution. (http://yubanet.com/california/MLPA-Initiative-will-do-nothing-to-stop-a-big-oil-spill-off-California.php)

"These marine protected areas, as currently designed, don't protect against oil spills," said Sara Randall, then the program director of the Institute for Fishery Resources and Commercial Fishermen of America. "What's the point of developing marine protected areas if they don't protect the resources?"

In violation of the provisions of the landmark Marine Life Protection Act (MLPA) of 1999, the "marine protected areas" failed to protect the ocean from oil spills, oil drilling, pollution, military testing, corporate aquaculture, military testing and all human impacts on the ocean other than fishing and gathering.

Of course, MLPA Initiative advocates neglected to address why Catherine Reheis-Boyd, the President of the Western States Petroleum Association in Sacramento, was allowed to not only chair the MLPA Blue Ribbon Task Force for the South Coast, but to sit on the task forces for the Central Coast, North Central Coast and North Coast, as well as on a NOAA federal marine protected areas panel. (http://www.dfg.ca.gov/marine/mpa/brtf_bios_sc.asp)

In yet another big conflict of interest, the WSPA President's husband, James Boyd, served on the California Energy Commission from 2002 to 2012. From 2007 to 2012, he served as the Commission's Vice Chair, the second most powerful position on the Commission! (http://www.energy.ca.gov/commissioners/boyd.html)

Unfortunately, as we can see from the current oil spill disaster off the coast of Santa Barbara, the state and federal regulatory agencies and the MLPA Initiative's so-called "marine protected areas" weren't able to prevent a big oil spill like the one now taking place from occurring - and the fishermen, Tribal members and grassroots environmentalists who criticized oil industry lobbyist oversight of the MLPA Initiative process were absolutely right about their fears that the highly-touted "Yosemites of the Sea" wouldn't protect the ocean.

This disaster could have been averted if the pipeline had an automatic shut-off valve, but it didn't, according to a Santa Barbara County official. Now you will see the federal and state regulatory agencies pointing fingers at each other as to who is to "blame" for the spill when it is the entire regulatory apparatus, now captured by Big Oil, that is really responsible for the spill.

To make matters worse, these same agencies, ranging from the Bureau of Safety and Environmental Enforcement (BSEE), the federal agency that permits offshore drilling, to the California Coastal Commission, failed to stop oil companies from fracking the ocean off California over 200 times over the past 20 years.

Plains All-American has had 175 incidents since 2006

The company that owns the pipeline involved in the major oil spill in Santa Barbara has had 175 incidents (mostly oil spills) nationwide since 2006, including 11 in California, according to a Center for Biological Diversity analysis of federal documents! (http://www.biologicaldiversity.org/news/press_releases/2015/santa-barbara-oil--spill-05-21-2015.html)

But ultimately, the people responsible for the Santa Barbara Oil Spill of 2015 are the state and federal officials who have allowed the oil industry to hijack what passes for "marine protection" in California - and who have let the oil industry get away with fracking the heck out of Southern California marine waters while engaging in very lax enforcement of environmental laws, including effective inspections of oil pipelines.

If the regulators had not been controlled by the regulated, this pipeline spill might have been prevented.

To read more about this scandal, go to my latest article: http://www.indybay.org/newsitems/2015/05/27/18772789.php and read my investigative piece in the East Bay Express about oil industry money and power in California at: http://www.eastbayexpress.com/SevenDays/archives/2015/02/06/big-oil-group-spent-89-million-last-year-lobbing-jerry-brown-and-california-officials

Take Action: Avaaz, a "global web movement to bring people-powered politics to decision making everywhere," is now calling California Attorney General Kamala Harris and local District Attorney Joyce Dudly to file civil and criminal charges against Plains All American and its CEOs in a petition campaign. This is a campaign that I strongly support: https://secure.avaaz.org/en/santa_barbara_oil_spill_loc/?bsDJDab&v=59399

Plains All American CEO Greg Armstrong raked in over $5 million in compensation last year and is guaranteed $29 - $87 million in golden parachute cash while oil from a rupture in his company's shoddy pipeline is fouling the beaches and ocean waters for 9 miles off the Santa Barbara County coastline.

MEMO ON THE AIR UPDATE

Update on tonight's delayed Memo of the Air show.

From Marco McClean

Now the datacenter is saying they won't have their systems back up until 11:30 or later, so probably later. I'm sure they're working as hard as they can to restore service. I'm going to call it a night, pack my material away and bring it all to do a complete show next week.      Whenever they get us back on the air (and the web), the automation that fills in between live shows will automatically begin to play, hence the term. The problem they had, that knocked us off the air tonight, hardly ever happens and I'm not gonna stress about it.      Oh -- also next week (Friday 2015-06-05) I'll be in Fort Bragg at 325 N. Franklin in case you want to do a live show-and-tell, or play your musical instrument(s), or talk about your event or project or whatever. Just walk in any time after 9pm and head for the lighted back room and get my attention and I'll stop what I'm doing and set up a microphone for you. You don't have to call first.      And you can arrange to have your own show on KNYO by contacting Bob Young: bobb@poetworld.net   There are still some good slots open in the schedule.

Marco McClean

memo@mcn.org

http://MemoOfTheAir.wordpress.com

CEQA FOR THEE, BUT NOT FOR ME

For Immediate Release,

Contact: Anja Raudabaugh, Executive Director Madera County Farm Bureau

(559) 674-8871 O (916) 532-9974 C

PRESS RELEASE May 29, 2015

FARM BUREAUS FILE AMICUS BRIEF TO CA SUPREME COURT STRESSING IMPORTANCE OF CEQA and HIGH SPEED RAIL'S PROJECT'S NON-EXEMPTION TO CEQA; IDENTIFYING SIGNIFICANT IMPACTS TO AGRICULTURE

May 30, 2015 - The Madera and Merced County Farm Bureaus announced today that they have submitted an amicus brief to the California Supreme Court in the case Friends of Eel River v. North Coast Railroad Authority. The case immediately concerns the North Coast Railroad line, which extends Humboldt County to Napa County, but it could have major implications for all Californians, and especially those within the path of the High-Speed Rail project (HSR Project).

Last fall, the First District Court of Appeals ruled that the Interstate Commerce Commission Termination Act (ICCTA), a federal law governing the regulation of railroads, preempts CEQA as applied to a state-sponsored railroad project. This ruling conflicts with the Third District Court of Appeal's ruling earlier last year inTown of Atherton v. California High-Speed Rail Authority. The Town of Atherton court ruled that, under the market participate doctrine, the ICCTA does NOT preempt CEQA as applied to the Bay Area program environmental review for the HSR Project.

In 2012 and 2013, The Farm Bureaus participated in CEQA litigation concerning the EIR prepared for the Merced to Fresno section of the HSR Project (Madera County et.al v. CHSRA). When that case was finally resolved through settlement, the Farm Bureaus successfully negotiated for increased mitigation for impacts to agricultural lands, a voice in how that mitigation would be carried out, and a role in the subsequent environmental review that the Authority would conduct for the "Chowchilla wye" alignments within the large "box" carved from the Merced to Fresno section. Through CEQA enforcement, the Farm Bureaus gained substantially improved mitigation for the Project's widespread and, in some cases, devastating impacts to the counties' collective agricultural industries. Their experience proves that full CEQA compliance, including the availability of remedies under CEQA, is essential for minimizing this immense Project's immediate and long term impacts to resources vital to California's economy and natural environment.

"CEQA is a critical component to ALL sectors of California industry," said MCFB President Jay Mahil. "Environmental oversight should not be a biased process towards one sector of business, or only burden private but not public projects - nor should any one project have the unjust ability to determine when they must comply with the State's premier environmental law."

One of the central themes of the Farm Bureau's brief is the need for environmental and political accountability, and how CEQA is essential for these purposes. "The voters expected CEQA to apply when they passed Proposition 1A in 2008, the legislature expected CEQA to apply when they codified that proposition, state and local agencies an hundreds of business owners and residents expected CEQA to apply when they commented on the Authority's prior EIRs, and until only recently the Authority agreed that CEQA would apply and repeatedly promised to fulfill its responsibilities under CEQA. A ruling by the Court in Friends of Eel River that indirectly relieves the Authority from its CEQA responsibilities would undermine those expectations, based on past assurances, and would likely make the Authority less accountable," said Jason Holder, counsel for the Farm Bureaus and the brief's author.

If the California Supreme Court rules that CEQA, as applied to railroad projects, is broadly preempted, such that it no longer applies to the Project, then the California High-Speed Rail Authority (Authority) will not fulfill its past promises and commitments to complete environmental review pursuant to CEQA and to mitigate all Project impacts to the extent feasible, as CEQA requires. Instead, if only NEPA (the weaker version of CEQA) applies, the Authority may choose to do nothing to mitigate identified impacts.

"This Project is already having major impacts on agriculture in Madera and Merced Counties. Because of the HSR Project's phasing, Madera County is most immediately affected - even as we speak, hundreds of acres are being acquired for the Project footprint, dozens of parcels will be bifurcated as a result of large scale linear alignment selections, irrigation systems will be severed, and rural roads permanently closed. We can't afford to not have CEQA in place to protect our members, other businesses, and residents in both counties from these major impacts," said Anja Raudabaugh, Madera County Farm Bureau Executive Director.

Contact: Anja Raudabaugh, Madera County Farm Bureau Executive Director (916) 532-9974 or araudabaugh@maderafb.com For more information please visit our website atwww.maderafb.com