BY TODD MCCUNE BRAY
RIPTIDE CORRESPONDENT
The outcome of Whole Energy Fuels' Coastal Act violation of illegally starting construction without a completed permit amounts to little more than a slap on the wrist. A letter to Whole Energy Fuels from Coastal Commission staff asserts, “It was reported to us that Whole Energy Fuels began construction on trenches for utility lines at the subject site, prior to satisfying all the requirements of the Permit. This constitutes a violation of the Permit, and, thus, of the Coastal Act.” But no punitive action has been taken or recommended by commission staff.
The commission staff's letter dated April 28, 2009, addressed to Martin Wahl of Whole Energy Fuels, says the commission's Enforcement Unit has instructed Whole Energy Fuels on the Coastal Act Violation No. V-7-09-001 as follows: “To resolve the alleged Coastal Act violation Whole Energy should refrain from any additional development of the site, and should continue to work with Commission permitting staff to satisfy all special conditions of the permit.” Of concern is the wording that WEF “should” refrain from any further site development, not “shall” refrain.
Commission staff further instructs Whole Energy Fuels: “Once Commission staff has indicated to you that all special conditions have been met, construction may begin on the site, and the existing Coastal Act violation will be considered to be resolved.”
While no officer or employee of Whole Energy Fuels has been named by the City of Pacifica or commission staff as the person responsible for the violation, most indicators point to a former city employee currently working for Whole Energy Fuels as the person responsible for the Coastal Act violation. But there is no verifiable source to corroborate this theory at this time.
The United States Fish and Wildlife Service has recently stated concerning the biodiesel refinery’s wildlife compliance: “The Service is still working with Whole Energy and a few species experts to resolve any outstanding issues with respect to Federal Endangered Species Act compliance. We have not issued a permit or letter of any kind to Whole Energy to date.”
Whole Energy Fuels and its officers and employees have seemingly dodged a Coastal Act violation bullet, but as readers and contributors to Riptide continue to learn more, it is quite evident Whole Energy Fuels is being given great leeway by city, state, and federal staff. The only thing between Whole Energy Fuels and a completed project appears to be Whole Energy Fuels itself.
The lease with the City Of Pacifica expires on June 30, 2009.
The city did or said nothing about extending this lease.
All possible indicators show the city is ready to cut its losses with Whole Energy Fuels.
The city got sold on a dog-and-pony show and it is on the hook for all the unpaid bills.
Local, state, and federal agencies are still looking into Whole Energy Fuels and the City Of Pacifica. I cannot say any more.
The city and Whole Energy are both to blame. The city should have looked into Whole Energy more closely.
First, they only had about 1/3rd of the money to build the plant from the state grant and would never name the "investors." The city got caught up in this dog-and-pony show a few years ago, with certain unnamed investors trying to buy a local landmark business and real estate. "Big hat, no cattle," as my rancher friends always say
To say the fines are a slap on the wrist is really talking out of line.
I think if City Hall really had done the homework and studied Whole Energy Fuels, this fiasco would not have happened.
Did anyone bother to ask for a credit report for the officers or a Dun & Bradstreet report on Whole Energy? Or audited financials? Probably not.
Taxpayer money will pay for the fines and penalties and the unpaid work, and Whole Energy will go back to Washington and quickly forget about Pacifica.
Filing a lawsuit against them will probably never recover a dime.
Also, one last tidbit. When one agency is done with Whole Energy and the city, then the other agencies pile on and start to look into this.
Stayed tuned. The really good stuff is just about ready to hit the fan!!!!
Posted by: jim alex | June 29, 2009 at 07:07 AM
The hole that was dug by WEF has been filled in to prevent further damage to the site.
Posted by: todd bray | May 11, 2009 at 09:52 AM
All due respect to Todd Bray (and I will concede he has done some very fine reporting!) but there are some significant details of this incident that have yet to make the public record. There are other agencies and other reports still to be filed. Stay tuned.
Posted by: Jeffrey Simons | May 08, 2009 at 02:16 PM
And what happens if permits are gained, construction starts, and we still don't know where the financing is coming from?
The taxpayer takes the risk yet again, as it's city land this is being done on.
"Better to ask forgiveness than permission".
Posted by: Lionel Emde | May 08, 2009 at 07:59 AM
"the punishment fits the crime"
Uh, yeah. Unless it's a crime that council or their little cadre have committed -- in that case, all sins are apparently forgiven.
It's official. This city has fallen victim to a coup of a confederacy of dunces.
Posted by: Scotty | May 07, 2009 at 11:49 PM
Dan, WEF knew the condition of its permit before trenching started. Rather I'd say hands are washing hands.
Posted by: todd bray | May 07, 2009 at 11:48 PM
"The outcome of Whole Energy Fuels' Coastal Act violation of illegally starting construction without a completed permit amounts to little more than a slap on the wrist."
I draw from this that the punishment fits the crime. We do our best to dot every I and cross every tee and sometimes it just doesn't work out that way. I see no reason to suspect criminal intent.
Posted by: Dan Underhill | May 07, 2009 at 08:59 PM