Preview
Electronically Filed Superior Court of CA County of Contra Costa 7/5/2022 3:19 PM By: G. Cardinale, Deputy
1 NICKI CARLSEN (State Bar No. 151222)
MATTHEW C. WICKERSHAM (State Bar No. 241733)
2 MEGAN AULT (State Bar No. 324651)
ALSTON & BIRD LLP
3 333 South Hope Street, 16th Floor
Los Angeles, CA 90071-1410
4 Telephone: 213-576-1000
Facsimile: 213-576-1100
5 E-mail:nicki.carlsen@alston.com
matt.wickersham@alston.com
6 megan.ault@alston.com
7 Attorneys for Real Party in Interest
PHILLIPS 66 COMPANY (erroneously sued as Phillips 66)
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF CONTRA COSTA
11 COMMUNITIES FOR A BETTER Case No. CIVMSN22-1080
ENVIRONMENT and CENTER FOR
12 BIOLOGICAL DIVERSITY, [Assigned for all purposes to the Honorable
Edward G. Weil ]
13 Plaintiff,
RESPONSE TO NOTICE OF
14 v. RELATED CASES
15 COUNTY OF CONTRA COSTA; BOARD OF
SUPERVISORS OF COUNTY OF CONTRA
16 COSTA; CONTRA COSTA COUNT
DEPARTMENT OF CONSERVATION AND Complaint Filed: June 7, 2022
17 DEVELOPMENT; and DOES 1-20,
18 Defendant.
19 PHILLIPS 66, a Texas corporation and DOES 21-
40, inclusive,
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21 Real Party in Interest.
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RESPONSE TO NOTICE OF RELATED CASES
1 Petitioners in the above-captioned matter have filed a Notice of Related Cases alleging that
2 this case (Case No. CIVMSN22-1080) and another matter filed by Petitioners against the County of
3 Contra Costa (“County”) (Case No. CIVMSN22-1091) are related based on subsections (1), (2) and
4 (4) of Rule 3.300(a) of the California Rules of Court.
5 Phillips 66 Company (“Phillips”) understands that the two matters are both assigned to
6 Department 39 of the Superior Court, the Honorable Edward Weil presiding, but the Notice of Related
7 Cases seems to overstate the similarities between the two matters. While the petitioners and the
8 County are the common parties in the two cases, the cases involve two separate and independent
9 projects by two different and unrelated real parties in interest, Phillips 66 Company and Marathon
10 Petroleum Corporation. Each of the cases alleges violations under the California Environmental
11 Quality Act (“CEQA”) and both projects involve renewable fuels, but petitioners challenge two
12 different Environmental Impact Reports and assert different and distinct claims against each project.
13 Furthermore, the County proceedings for each of the projects were conducted separately, with
14 different County planners assigned to each project and with separate Planning Commission and Board
15 of Supervisors hearings. Accordingly, the administrative record to be prepared for each case will be
16 different.
17 Therefore, the cases are not “based on the same or similar claims” (subsection (1)) nor do they
18 “arise from the same or substantially identical transactions, incident or events requiring the
19 determination of the same or substantially identical questions of law or fact” (subsection (2)). With
20 respect to subsection (4), the two cases are already assigned to the same court.
21 Dated: July 5, 2022 NICKI CARLSEN
MATTHEW C. WICKERSHAM
22 MEGAN AULT
ALSTON & BIRD LLP
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By:
24 Nicki Carlsen
25 Attorneys for Real Party in Interest
PHILLIPS 66 COMPANY
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RESPONSE TO NOTICE OF RELATED CASES
1 PROOF OF SERVICE
2
3 I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action. My business address is Alston & Bird LLP,
4 333 South Hope Street, Sixteenth Floor, Los Angeles, CA 90071.
5 On July 5, 2022, I served the document(s) described as RESPONSE TO
NOTICE OF RELATED CASES on the interested parties in this action by enclosing the
6 document(s) in a sealed envelope addressed as follows: See Attached Service List
7 BY MAIL: I am "readily familiar" with this firm's practice for the collection and the
processing of correspondence for mailing with the United States Postal Service. In
8 the ordinary course of business, the correspondence would be deposited with the
United States Postal Service at 333 South Hope Street, Los Angeles, California 90071
9 with postage thereon fully prepaid the same day on which the correspondence was
placed for collection and mailing at the firm. Following ordinary business practices,
10 I placed for collection and mailing with the United States Postal Service such
envelope at Alston & Bird LLP, 333 South Hope Street, Los Angeles, California
11 90071.
12
13 I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
14
Executed on July 5, 2022, at Los Angeles, California.
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17 Dana Camacho
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RESPONSE TO NOTICE OF RELATED CASES
1 Communities for a Better Environment, et al. v. County of Contra Costa, et al.
2 Case No. N22-1080
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5 SERVICE LIST
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Ellison Folk, Esq. Attorneys for Petitioners
8 Joseph D. Petta, Esq/ COMMUNITIES FOR A BETTER
SCHUTE, MIHALY & WEINBERGER LLP ENVIRONMENT and CENTER FOR
9 396 Hayes Street BIOLOGICAL DIVERSITY
San Francisco, California 94102
10 Tel.: (415) 552-7272
Fax: (415) 552-5816
11 Email: folk@smwlaw.com
petta@smwlaw.com
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13 Debora A. Sivas, Esq.
Stephanie L. Safdi, Esq. Attorneys for Petitioners
14 Matthew J. Sanders, Esq. COMMUNITIES FOR A BETTER
ENVIRONMENTAL LAW CLINIC ENVIRONMENT and CENTER FOR
15 Stanford Law School BIOLOGICAL DIVERSITY
559 Nathan Abbot Way
16 Stanford, CA 94305
Tel: (650) 723-0325
17 Fax: (650) 723-4426
Email: dsivas@stanford.edu
18 ssafdi@stanford.edu
matthewjsanders@stanford.edu
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20
Shana Lazerow, Esq Attorneys for Petitioner
21 Constance Cho, Esq. COMMUNITIES FOR A BETTER
COMMUNITIES FOR A BETTER ENVIRONMENT
22 ENVIRONMENT
6325 Pacific Blvd., Suite 300
23 Huntington Park, CA 90255
Tel: (323) 826-9771
24 Fax: (323) 588-7079
Email: slazerow@cbecal.org
25 ccho@cbecal.org
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RESPONSE TO NOTICE OF RELATED CASES
1 Victoria Bogdan Tejeda, Esq. Attorneys for Petitioner
Hollin Kretzmann, Esq. CENTER FOR BIOLOGICAL
2 CENTER FOR BIOLOGICAL DIVERSITY DIVERSITY
1212 Broadway, Suite 800
3 Oakland, CA 94612
Tel: (310) 365-9281
4 Fax: (510) 844-7150
Email: vbogdantejeda@biologicaldiversity.org
5 hkretzmann@biologicaldiversity.org
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Attorneys for Defendants
7 Stephen M. Siptroth, Esq. COUNTY OF CONTRA COSTA,
Deputy County Counsel BOARD OF SUPERVISORS OF
8 CONTRA COSTA COUNTY OFFICE COUNTY OF CONTRA COSTA;
OF THE COUNTY COUNSEL CONTRA COSTA COUNTY
9 1025 Escobar Street, 3rd Floor DEPARTMENT OF
Martinez, CA 94553-1229 CONSERVATION AND
10 Tel: (925) 655-2217 DEVELOPMENT
Fax: (925) 655-2263
11 Email: stephen.siptroth@cc.cccounty.us
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RESPONSE TO NOTICE OF RELATED CASES
LEGAL02/41860633v1
Preview
Electronically Filed Superior Court of CA County of Contra Costa 7/5/2022 3:19 PM By: G. Cardinale, Deputy 1 NICKI CARLSEN (State Bar No. 151222) MATTHEW C. WICKERSHAM (State Bar No. 241733) 2 MEGAN AULT (State Bar No. 324651) ALSTON & BIRD LLP 3 333 South Hope Street, 16th Floor Los Angeles, CA 90071-1410 4 Telephone: 213-576-1000 Facsimile: 213-576-1100 5 E-mail:nicki.carlsen@alston.com matt.wickersham@alston.com 6 megan.ault@alston.com 7 Attorneys for Real Party in Interest PHILLIPS 66 COMPANY (erroneously sued as Phillips 66) 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF CONTRA COSTA 11 COMMUNITIES FOR A BETTER Case No. CIVMSN22-1080 ENVIRONMENT and CENTER FOR 12 BIOLOGICAL DIVERSITY, [Assigned for all purposes to the Honorable Edward G. Weil ] 13 Plaintiff, RESPONSE TO NOTICE OF 14 v. RELATED CASES 15 COUNTY OF CONTRA COSTA; BOARD OF SUPERVISORS OF COUNTY OF CONTRA 16 COSTA; CONTRA COSTA COUNT DEPARTMENT OF CONSERVATION AND Complaint Filed: June 7, 2022 17 DEVELOPMENT; and DOES 1-20, 18 Defendant. 19 PHILLIPS 66, a Texas corporation and DOES 21- 40, inclusive, 20 21 Real Party in Interest. 22 23 24 25 26 27 28 1 RESPONSE TO NOTICE OF RELATED CASES 1 Petitioners in the above-captioned matter have filed a Notice of Related Cases alleging that 2 this case (Case No. CIVMSN22-1080) and another matter filed by Petitioners against the County of 3 Contra Costa (“County”) (Case No. CIVMSN22-1091) are related based on subsections (1), (2) and 4 (4) of Rule 3.300(a) of the California Rules of Court. 5 Phillips 66 Company (“Phillips”) understands that the two matters are both assigned to 6 Department 39 of the Superior Court, the Honorable Edward Weil presiding, but the Notice of Related 7 Cases seems to overstate the similarities between the two matters. While the petitioners and the 8 County are the common parties in the two cases, the cases involve two separate and independent 9 projects by two different and unrelated real parties in interest, Phillips 66 Company and Marathon 10 Petroleum Corporation. Each of the cases alleges violations under the California Environmental 11 Quality Act (“CEQA”) and both projects involve renewable fuels, but petitioners challenge two 12 different Environmental Impact Reports and assert different and distinct claims against each project. 13 Furthermore, the County proceedings for each of the projects were conducted separately, with 14 different County planners assigned to each project and with separate Planning Commission and Board 15 of Supervisors hearings. Accordingly, the administrative record to be prepared for each case will be 16 different. 17 Therefore, the cases are not “based on the same or similar claims” (subsection (1)) nor do they 18 “arise from the same or substantially identical transactions, incident or events requiring the 19 determination of the same or substantially identical questions of law or fact” (subsection (2)). With 20 respect to subsection (4), the two cases are already assigned to the same court. 21 Dated: July 5, 2022 NICKI CARLSEN MATTHEW C. WICKERSHAM 22 MEGAN AULT ALSTON & BIRD LLP 23 By: 24 Nicki Carlsen 25 Attorneys for Real Party in Interest PHILLIPS 66 COMPANY 26 27 28 2 RESPONSE TO NOTICE OF RELATED CASES 1 PROOF OF SERVICE 2 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Alston & Bird LLP, 4 333 South Hope Street, Sixteenth Floor, Los Angeles, CA 90071. 5 On July 5, 2022, I served the document(s) described as RESPONSE TO NOTICE OF RELATED CASES on the interested parties in this action by enclosing the 6 document(s) in a sealed envelope addressed as follows: See Attached Service List 7 BY MAIL: I am "readily familiar" with this firm's practice for the collection and the processing of correspondence for mailing with the United States Postal Service. In 8 the ordinary course of business, the correspondence would be deposited with the United States Postal Service at 333 South Hope Street, Los Angeles, California 90071 9 with postage thereon fully prepaid the same day on which the correspondence was placed for collection and mailing at the firm. Following ordinary business practices, 10 I placed for collection and mailing with the United States Postal Service such envelope at Alston & Bird LLP, 333 South Hope Street, Los Angeles, California 11 90071. 12 13 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 14 Executed on July 5, 2022, at Los Angeles, California. 15 16 17 Dana Camacho 18 19 20 21 22 23 24 25 26 27 28 3 RESPONSE TO NOTICE OF RELATED CASES 1 Communities for a Better Environment, et al. v. County of Contra Costa, et al. 2 Case No. N22-1080 3 4 5 SERVICE LIST 6 7 Ellison Folk, Esq. Attorneys for Petitioners 8 Joseph D. Petta, Esq/ COMMUNITIES FOR A BETTER SCHUTE, MIHALY & WEINBERGER LLP ENVIRONMENT and CENTER FOR 9 396 Hayes Street BIOLOGICAL DIVERSITY San Francisco, California 94102 10 Tel.: (415) 552-7272 Fax: (415) 552-5816 11 Email: folk@smwlaw.com petta@smwlaw.com 12 13 Debora A. Sivas, Esq. Stephanie L. Safdi, Esq. Attorneys for Petitioners 14 Matthew J. Sanders, Esq. COMMUNITIES FOR A BETTER ENVIRONMENTAL LAW CLINIC ENVIRONMENT and CENTER FOR 15 Stanford Law School BIOLOGICAL DIVERSITY 559 Nathan Abbot Way 16 Stanford, CA 94305 Tel: (650) 723-0325 17 Fax: (650) 723-4426 Email: dsivas@stanford.edu 18 ssafdi@stanford.edu matthewjsanders@stanford.edu 19 20 Shana Lazerow, Esq Attorneys for Petitioner 21 Constance Cho, Esq. COMMUNITIES FOR A BETTER COMMUNITIES FOR A BETTER ENVIRONMENT 22 ENVIRONMENT 6325 Pacific Blvd., Suite 300 23 Huntington Park, CA 90255 Tel: (323) 826-9771 24 Fax: (323) 588-7079 Email: slazerow@cbecal.org 25 ccho@cbecal.org 26 27 28 4 RESPONSE TO NOTICE OF RELATED CASES 1 Victoria Bogdan Tejeda, Esq. Attorneys for Petitioner Hollin Kretzmann, Esq. CENTER FOR BIOLOGICAL 2 CENTER FOR BIOLOGICAL DIVERSITY DIVERSITY 1212 Broadway, Suite 800 3 Oakland, CA 94612 Tel: (310) 365-9281 4 Fax: (510) 844-7150 Email: vbogdantejeda@biologicaldiversity.org 5 hkretzmann@biologicaldiversity.org 6 Attorneys for Defendants 7 Stephen M. Siptroth, Esq. COUNTY OF CONTRA COSTA, Deputy County Counsel BOARD OF SUPERVISORS OF 8 CONTRA COSTA COUNTY OFFICE COUNTY OF CONTRA COSTA; OF THE COUNTY COUNSEL CONTRA COSTA COUNTY 9 1025 Escobar Street, 3rd Floor DEPARTMENT OF Martinez, CA 94553-1229 CONSERVATION AND 10 Tel: (925) 655-2217 DEVELOPMENT Fax: (925) 655-2263 11 Email: stephen.siptroth@cc.cccounty.us 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 RESPONSE TO NOTICE OF RELATED CASES LEGAL02/41860633v1