Things are heating up. Please read these important updates regarding PG&E threatening imminent tree removal, quick legal action by the City, and an important gas safety audit in Lafayette.
Pending Tree Removal at Lafayette-Moraga Trail
Residents have alerted to tree removal signs on the trail. We are currently monitoring the imminent threat of the removal of 17 trees by PG&E along the Lafayette-Moraga Trail and open space north of town. These trees are located along their gas transmission pipeline. PG&E signs indicate tree removal will begin today (Nov 16), however we have confirmation that this removal is pending the results of a trial hearing on Nov 17 in US Bankruptcy Court (see below). To be clear, tree removal will not happen today. Please see our Facebook page for real-time updates throughout the week.
Where are the 17 trees at risk? These appear as blue dots on the map of threatened trees in Lafayette.
New City Lawsuit Against PG&E
With PG&E informing the City of Lafayette of plans to immediately remove 17 trees, the City has filed a lawsuit to stop PG&E. The utility has not complied with the necessary Tree Permits as required by their 2017 Tree Agreement to remove trees for PG&E's "Community Pipeline Safety Initiative" (CPSI) program. As mentioned, a hearing that relates to this issue is scheduled to be heard on Tuesday, November 17th.
In addition, Save Lafayette Trees still has an active lawsuit against EBRPD and PG&E for the removal of trees along pipelines in Briones Park and within Lafayette boundaries. PG&E unsuccessfully petitioned the court to dismiss this issue earlier this year.
PG&E should not remove these important public shade trees which are protected by City regulations and the signed Tree Agreement. PG&E will not provide the CPUC with tree-by-tree risk data verifiably demonstrating they are a danger to the gas pipeline. PG&E's broad CPSI program may clear trees to make aerial surveying easier, but there is no legal requirement to do so. PG&E in fact may be introducing additional risk to their pipeline. Furthermore, this work diverts personnel and resources away from important gas safety improvements, and court-ordered tree work along PG&E's electrical lines in high fire threat areas.
CPUC audit for Lafayette
At the request of the volunteer Gas Safety Task Force, of which SLT members are a part, the CPUC is performing a Transmission Integrity Management Program (TIMP) audit, essentially a check to ensure PG&E is compliant with gas safety laws. Due to extensive and detailed pipeline safety concerns documented by the Lafayette Gas Safety Task Force, including potentially adverse impacts of the tree removal program on pipeline safety, the CPUC extended the audit to two weeks. The second audit week will take place in December. Read the Lafayette Gas Safety Task Force concern document.
The CPUC completed its first week of the Lafayette TIMP audit in June. PG&E unexpectedly began testing its gas transmission pipelines downtown in August, not to be completed until December, at which time PG&E was only available to complete the second week of the audit. Coincidental timing? We'll let you be the judge of that.
CEQA Litigation Update
Now that PG&E has exited out of bankruptcy court, our EBRPD lawsuit regarding CEQA is now active again. Our legal team will be filing opening merit briefs soon. We are also waiting for the Bankruptcy Court to lift the bankruptcy stay on the original CEQA lawsuit to preserve the 272 trees so that trial may begin again. As a reminder, SLT won the latest Court of Appeal ruling in February 2019, and all action on this lawsuit has been delayed by PG&E's bankruptcy status.
Other News
- On November 3, SLT co-founder Gina Dawson was elected to the Lafayette City Council. The new City Council will first convene December 14, 2020.
- The volunteer Lafayette Gas Safety Task Force, which includes members of Save Lafayette Trees and other residents, last met with the CPUC, PG&E, and City on September 17, 2020. The notes of these public meetings are available online here.
- With an eye toward potential future tree planting programs in Lafayette, co-founder Michael Dawson attended the 8-week Community Forestry School held by Palo Alto's Canopy organization.
How to help
- Donate -- our efforts depend upon your involvement and donations.
- Send letters and comments to our City Council (cityhall@lovelafayette.org).
- Forward this newsletter to friends and neighbors.
Latest media coverage
"Lafayette to sue PG&E over plans to cut down 17 trees"
- East Bay Times, November 14, 2020
"PG&E ‘continues to engage in criminal thinking,’ says former regulator"
- ABC10, November 12, 2020
More news...
Thank you for all you do to support this work!
Save Lafayette Trees
Image below: a tagged tree on the Lafayette-Moraga Trail, near the Las Trampas adult center. PG&E wants to remove 17 trees, which would eliminate important shade coverage for our vulnerable populations during the hottest summer months.
