Oil Giant Valero and Amports Settle Lawsuit Over Bay Pollution, Directing Over $2 Million to Environmental Protection in Partnership with San Francisco Baykeeper and the Rose Foundation for Communities and the Environment

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Oakland, CA — In a significant victory for environmental justice, Valero oil refinery and Amports, a shipping company operating at the Port of Benicia, have reached an agreement with San Francisco Baykeeper (SF BayKeeper) over allegations of unlawful discharges of toxic petroleum coke (petcoke) into San Francisco Bay. This settlement comes after Baykeeper’s investigation uncovered evidence of discharges resulting from the loading of cargo vessels between November 2020 and October 2021.

The alleged violations involve windborne petroleum coke, a waste product from the oil refining process that can contain harmful metals such as copper, zinc, nickel, arsenic, mercury, and vanadium. While the defendants have not admitted to any violations, they acknowledge the seriousness of the claim.

In the terms of the settlement, Valero and Amports have agreed to pay $2.38 million to mitigate the environmental damage caused by their activities. These funds will be managed by the Rose Foundation for Communities and the Environment (Rose Foundation) and directed toward supporting projects that enhance water quality in the San Francisco Bay-Delta watershed. The Rose Foundation plans to begin offering grant funds in the Spring 2025 round of the California Watershed Protection Fund. For more information about the grant application process and to stay updated, please visit www.rosefdn.org.

Key Settlement Details:

Best Management Practices (BMPs): Amports must implement BMPs to ensure compliance with Clean Water Act (CWA) requirements, including measures to monitor and prevent discharges of petroleum coke.
Increased Monitoring and Reporting: The defendants will undertake enhanced monitoring and reporting efforts under the oversight of San Francisco Baykeeper, who will ensure compliance over the next three years.
Community Engagement: The Rose Foundation will utilize the mitigation funds to support local nonprofits that conduct shoreline cleanups, wetland restoration, and environmental education programs, thereby improving the overall health of the Bay and benefiting the surrounding communities.
The Role of the Rose Foundation for Communities and the Environment in Grantmaking

The Rose Foundation has a long history of supporting grassroots initiatives aimed at environmental conservation and community empowerment. Through the California Watershed Protection Fund, the Rose Foundation will strategically allocate grant funds to local organizations addressing critical water quality issues in the Bay-Delta watershed. The Rose Foundation prioritizes projects that involve community engagement and direct action, ensuring that local voices are at the forefront of environmental protection efforts.

“This settlement is a huge win for the Bay Area,” said Jodene Isaacs, Director of Grantmaking at the Rose Foundation. “Baykeeper has compelled two major polluters to clean up their acts. The settlement will result in grassroots nonprofits receiving significant funding to protect the Bay, its wildlife, and local residents.”

The Port of Benicia, located in a historically pollution-exposed community, is adjacent to critical wildlife habitats and public access points to the Bay. The harmful effects of petcoke and its associated pollutants pose severe health risks to local fish, birds, and residents. Exposure to petcoke dust can lead to respiratory problems, including asthma, lung cancer, and heart disease.

Baykeeper’s Advocacy

The settlement is the result of diligent advocacy by Baykeeper, whose investigative team used drone technology to document illegal discharges and gather evidence. “Thanks to tips from the public, we were able to catch these polluters red-handed,” said Sejal Choksi-Chugh, Executive Director of Baykeeper. “No company has the right to pollute, and we’re here to ensure they stop.”

The lawsuit, which alleged violations of the CWA and state laws, was filed in the Northern District of California, with the consent decree signed by Judge William Orrick. It will remain in effect for three years. For more information: www.baykeeper.org

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