FOR IMMEDIATE RELEASE
December 10, 2024

MEDIA CONTACTS
Jill Hindenach, 202-494-6309, jhindenach@leadershipcounsel.org
Stephanie Ambriz, 442-400-2534, sambriz@leadershipcounsel.org

Pixley, CA — Today, in a significant victory for the Pixley community and environmental justice, Tulare County rescinded its approval of a 28-acre industrial hydrogen plant. The decision comes after facing strong opposition from residents and a legal challenge highlighting the project’s lack of environmental review, despite its plans to produce and store large quantities of hazardous and explosive materials.

In March, Pixley Residents for Environmental Justice, represented by Leadership Counsel for Justice and Accountability and Chatten-Brown Law Group, filed a lawsuit in Tulare County Superior Court challenging the County of Tulare’s approval of the project.

“Pixley is already surrounded by polluting industries, making our air unsafe to breathe, our water unsafe to drink, and our families, friends, and neighbors sick from all the contamination,” said Rosendo Rodarte Saldivar, Pixley Residents for Environmental Justice representative. “We don’t need another harmful development. We deserve to live long, healthy, happy lives.”

The County violated California’s environmental laws by neglecting to conduct any environmental review and attempting to illegally fast-track and streamline the project. As a result, the County failed to adequately analyze and mitigate the impacts of the hydrogen project on residents and their community.

“Without a full environmental impact report, impacts from hydrogen production and cumulative impacts from the supporting industries will be unknown and unmitigated,” said Michael Claiborne, Leadership Counsel for Justice and Accountability directing attorney. “It is critical the project undergoes proper environmental review to ensure there are safeguards in place to protect the community.”

The project, proposed by Proteum Energy, LLC, would have included the construction and operation of an ethanol-to-hydrogen plant to produce, store, and transfer large quantities of hazardous, volatile, and explosive materials and poisons, as well as future plans for carbon storage and sequestration, which would require underground transport and storage of carbon dioxide via an interconnected pipeline system. The project would have been located within 300 feet of the nearest residences.

“It is shocking that Tulare County approved a massive project that will be using poisonous and explosive materials in an area not zoned for that use through an exemption from the California Environmental Quality Act,” said Josh Chatten-Brown, Chatten-Brown Law Group managing partner. “We are pleased to have reached an agreement that requires the County to rescind its approval of the project and requires notice to our clients if the applicant submits a new project application.”

“This win for our community is a testament to the power of people. We have shown that community voices can make a difference,” said Beverley Whitfield, Pixley Residents for Environmental Justice representative. “This is a win for every community standing up for its right to a healthy environment. And I hope it inspires more people to challenge decisions that threaten that right.”

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Pixley Residents for Environmental Justice is a community organization formed by Pixley residents to advocate for just land use policies and practices that ensure access to clean air, clean and affordable drinking water, and investment in the community to improve community conditions and reduce pollution exposure. 

Leadership Counsel for Justice and Accountability works alongside the most impacted communities in the San Joaquin Valley and Eastern Coachella Valley to advocate for sound policy and eradicate injustice to secure equal access to opportunity regardless of wealth, race, income, and place. Leadership Counsel focuses on issues like housing, land use, transportation, safe and affordable drinking water and climate change impacts on communities.

​Chatten-Brown Law Group provides legal representation to those who wish to protect California’s natural resources and the health and wellbeing of its residents. Chatten-Brown Law Group is committed to environmental protection, representing environmental non-profits, community groups, and individuals seeking to enforce state and federal environmental laws.