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California Supreme Court Justice Edward Panelli dies at 92

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California Supreme Court Justice Edward Panelli dies at 92


Justice Edward Panelli, who rose from a hardscrabble childhood in Depression-era Santa Clara Valley to the state’s highest court, died Saturday evening in Saratoga at the age of 92.

Panelli’s illustrious legal career spans six decades, beginning as a lawyer in the 1950s, then serving as a Superior Court judge before his appointment to the California Supreme Court in 1985. After retiring, he continued to work as an arbitrator, mediator, legal scholar and educator.

Panelli’s son, Jeff, told this newspaper he would like his father to be remembered as a “hardworking and humble” man, the son of Italian immigrants.

“He was a fair, hardworking man who came from very humble roots. He always kept his immigrant roots close to his heart and kept that as the driving force in his life,” Jeff said. “English was his second language. He never forgot his community and transcended political and idiological thought with common sense. He was a common man.”

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In a previous conversation, Edward Panelli talked about his understanding of the human condition and how that affected his judicial career.

“I’ve kinda seen life from the street,” Panelli told Mercury News staff writer John Hubner in a 1986 interview for West magazine. “I know when to zig and when to zag, when to duck and when not to duck. I may not be Oliver Wendell Holmes, but I know what makes people tick. I know how they hurt and why they hurt. I’ve got a much broader feel of the world than if I’d come from a cloistered or protected environment.”

Panelli brought to his career the lessons of living without much.

He was born at home in Santa Clara to Italian immigrants. Pidale Panelli wrestled 100-pound gunnysacks of prunes; Natalina Panelli toiled in the packing sheds, sometimes two shifts a day. Young Edward learned the value of his own work in a field of onions, pulling them for 40 cents an hour.

He earned a tuition scholarship to Santa Clara University in 1949 and graduated with honors. After moving on to SCU’s law school, he finished at the top of his class. His father, who was 54 when Edward was born, died 10 days after his son passed the bar exam in 1955. The new lawyer married Lorna Mondora in 1956, and they had three sons. His mother was 95 when she died in 1990.

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Panelli is survived by his sons, Tom, Jeff and Mike, and three grandchildren. Panelli’s wife died in 2019.

Panelli’s mentor at the university was the Rev. Patrick Donohoe, a Jesuit political science professor. When Donohoe later became SCU president, he directed some legal work to his former student, then practicing with cousin Louis Pasquinelli. Panelli later became an SCU trustee and chairman of the board in the 1980s.

His first appointment to the bench was in 1972 by then California Governor Ronald Reagan, and he served all manner of duty in 11 years as a Santa Clara County Superior Court judge: juvenile, civil, probate, family, and criminal courts.

“When I was a juvenile judge, I used to walk out of the courtroom and go around and talk to people,” Panelli said in the 1986 interview. “People would say, ‘Gee, you don’t act like a judge.’ I’d say, ‘If I start to act like a judge, maybe somebody ought to kick me in the ass.’”

He got to use his one-on-one skills after serving on the 1st District Court of Appeal in San Francisco. He then was appointed in San Jose by former Gov. Jerry Brown as presiding judge of the new 6th District appellate branch. In a storied settlement between litigants whose demands had been stuck for 18 months at $2 million vs. zero, Panelli managed a settlement at $665,000 in two days.

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His jurisprudence changed dramatically with his next appointment in 1985.

In his eight years on the state Supreme Court, the death penalty did not define Panelli’s tenure, but it certainly dominated his first year in 1986.

Panelli had joined the court late in 1985, the first of Gov. George Deukmejian’s appointments, and he had to stand for reconfirmation the following fall. On the ballot, too, were justices Rose Bird, the chief, and Cruz Reynoso and Joseph Grodin, as well as the court’s senior liberal, Stanley Mosk, and conservative Malcolm Lucas. Bird and the liberals had overturned numerous death penalty verdicts and were the targets of Deukmejian, a coalition of conservative politicians, and special-interest groups.

Panelli chose to distance himself from the battle — so much so that he chose to run in and complete the New York Marathon in under four hours two days before the November election. But he also acknowledged in the 1986 interview with Hubner that his tough upbringing didn’t forecast his stance:

“You would think that my background would incline me to be liberal because I’ve seen some injustices and had some economic difficulties. On the other hand, I tend to be conservative because I’ve been through it and I think, ‘By golly, if I can do it, why can’t everybody?’

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“I tend to be a little bit more severe on punishment. I understand the impact environment has, but you can’t use that as an excuse. Growing up, I was always told that you are responsible for the consequences of your actions. If you break the law and get caught, you’re going to pay a price. To me, that’s how the criminal justice system works.”

He survived the 1986 vote, but Bird, Reynoso, and Cruz didn’t, and the court gradually turned into a bench full of Republicans, with Mosk still serving in his late 80s (Mosk was 86 on Sept. 4, 1998).

Panelli said friends had known for years that he would probably serve only about 20 years as a judge. He could have retired with full pension benefits in March 1993 when he was 61 but said he delayed his departure until February 1994 after Chief Justice Malcolm Lucas asked him to stay on.

He was succeeded by Kathryn Mickle Werdegar, an appellate justice who had been Justice Panelli’s senior staff attorney during his first six years on the Supreme Court.

Panelli’s tenure in the California Supreme Court marked several noteworthy majority opinions. Chief among them was the ruling that surrogate-motherhood arrangements did not exploit poor women. “A surrogate’s agreement to bear another woman’s child is a valid contract,” he wrote.

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There will be a memorial open to the public on Aug. 16 at 2 p.m. at Mission Santa Clara de Asis at 2 p.m.

Staff writer Ryan Macasero contributed to this story

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California food truck explodes, injuring 5 in bizarre mishap at trendy shopping spot

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California food truck explodes, injuring 5 in bizarre mishap at trendy shopping spot


Five people were seriously hurt, two of them critically, when a food truck exploded outside a coffee shop in a popular California shopping district on Saturday morning, according to reports.

The blast shortly after 9:15 a.m. on Greenleaf Avenue in the city of Whittier, about 20 miles east of Los Angeles, rattled nearby stores and sent locals scrambling, the Los Angeles Times reported.

According to the outlet, the five injured were food truck workers who were treated at the scene then transported to local hospitals, while two others suffered moderate injuries and one was hit with a minor injury.

A Saturday morning food truck explosion outside this California coffee shop left five people injured, two critically. Google Maps

County fire dispatcher Martin Rangel told the Times it was likely a propane tank explosion.

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Police cordoned off the trendy neighborhood known as Uptown Whittier for several hours after the blast but reopened the block by midday — as authorities investigate the casue of the mishap.

“It’s a pretty rare event,” Matt Geller, who heads the Southern California Mobile Food Vendors Association, said of the food truck explosion. But, he added, “we have a lot of old trucks.”

A gofundme.com page has been created for the victims with a goal of $10,000.

More than 2,700 food trucks and trailers do business in Los Angeles County, Geller told the Times.

Fire officials said most food truck fires are related to leaky or faulty propane tanks — and while rare such blasts are not unheard of in the US.

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On July 1, 2014, a mother and her teen daughter were killed when a food truck erupted in flames in Philadelphia, severely burning three others and injuring several more people.

Four years later, the incident led to a massive $160 million settlement, WPVI-TV reported at the time.


Food truck worker.
Fire experts say that nearly 70% of food truck fires are caused by faulty or leaky propane tanks, as happened in Philadelphia in 2014, a blast that killed a mom and her teen daughter. Instagram / @liftwhittier



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Millions of Californians live near oil and gas wells that are in the path of wildfires

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Millions of Californians live near oil and gas wells that are in the path of wildfires


As firefighters continue to battle more than two dozen active wildfires in California, new research has found that millions of people are living in close proximity to oil and gas wells that are in the potential path of flames.

More than 100,000 wells in 19 states west of the Mississippi River are in areas that have burned in recent decades and face a high risk of burning in the future, with the vast majority in California, according to a study published recently in the journal One Earth.

What’s more, nearly 3 million Americans live within 3,200 feet of those wells, putting them at heightened risk of explosions, air and water pollution, infrastructure damage and other hazards.

“One of the things that surprised me was just the extent of how many oil wells had been in wildfire burn areas in the past, and how much this was impacting people in California — and is likely to in the coming century,” said David J.X. González, the study’s lead author and an assistant professor of environmental health sciences at UC Berkeley.

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California is particularly vulnerable to the threat. Of the roughly 118,000 western oil wells in high fire risk areas, 103,878 of them — more than 87% — are in California, with 2.6 million residents living in close proximity to them, according to the study, which was described as the first to investigate historic and projected wildfire threats to oil and gas infrastructure in the United States.

The researchers examined active and inactive oil wells because some inactive wells continue to leak methane and other harmful or combustible emissions, González said. In California, the danger is particularly high in Los Angeles, Fresno, Kern and Orange counties, which are high fire risk areas that are also home to large populations and numerous wells.

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Idle oil well behind a fence near a house.

A pump station sits idle near homes in Arvin, Calif., where toxic fumes from a nearby well made residents sick and forced evacuations in November 2019.

(Robert Gauthier / Los Angeles Times)

Many Angelenos have already experienced the perils of living near oil and gas infrastructure. In 1985, methane linked to a long-abandoned oil field fed an explosion at a Ross Dress for Less store in Fairfax, injuring more than 20 people.

In 2015, a massive gas leak from the Aliso Canyon underground storage facility near Porter Ranch released about 100,000 tons of methane, ethane and other chemicals into the air, forcing more than 8,000 families to flee their homes and prompting reports of nausea, skin rashes, nosebleeds and other health issues.

Four years later, a 90-year-old well erupted beneath a construction site in Marina del Rey and spewed oil, gas and other debris into the air for several days.

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And in 2017, the Thomas fire burned through areas of Santa Barbara and Ventura counties that contained more than 2,100 oil and gas wells — the long-term effects of which have yet to be studied.

It’s not only California that is at risk however. Texas, Oklahoma and New Mexico also host wells in high fire risk areas, the study says. The U.S., in general, has been the top global producer of crude oil and natural gas since 2014, with the majority of production concentrated in the West.

Additionally, oil drilling continues across the country, despite federal and state efforts to curb new wells and cap old ones. One of the provisions included in President Biden’s landmark climate bill, the Inflation Reduction Act, allows for new oil leases to be auctioned on federally managed lands, which means California and other states could see more new wells in the future.

But the California Department of Geologic Energy Management, which oversees oil and gas wells in the state, said production here has been steadily declining since its peak in 1985.

“Presently, CalGEM approves far more permitting applications from operators to plug oil wells than it does to drill new wells,” agency spokeswoman Janice Mackey said in an email. She noted that over the last 12 months, the state agency approved 5,059 permits to permanently plug oil and gas wells while approving only 56 new drills.

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Mackey said most of the nearly 250,000 wells under the state agency’s jurisdiction are in the San Joaquin Valley, “but there are also many others in high fire threat areas such as Santa Barbara, Ventura, and Los Angeles counties.”

That could prove to be a problem as wildfire activity continues to worsen, even in the face of slowing oil production. One recent study found that wildfire burn areas in California could increase 50% or more by midcentury, due largely to climate change. Eighteen of the state’s 20 largest wildfires have occurred since 2000.

Additionally, Mackey said the placement of new wells — which are determined by oil and gas operators who seek permits from local governments — has little to do with fire risk.

“California’s oil fields are well established from decades to [over a] century old,” she said. “Operators continue to drill in areas where oil and gas is known to exist.”

Estimates included in the study indicate the hazards will get worse in the decades ahead as population and wildfire activity expand. Between 1984 and 2019, the researchers documented a five-fold increase in the number of wells located in wildfire burn areas, and a doubling of the population living within 3,200 feet of those wells.

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By midcentury, more than 122,000 wells are expected to be in high wildfire risk areas, and by late century that number will grow to more than 205,000, according to the study. Both projections are significantly higher when also accounting for moderate wildfire risk areas, and both show that California will continue to experience the lion’s share.

“Wildfires are increasingly burning in oil fields over the past four decades, and it’s a trend that’s very likely to continue throughout the rest of the century, including near some densely populated parts of California,” González said.

Silhouette of several pump jacks in a field.

A 2020 photo shows one of more than 1,100 producing oil wells in the McKittrick oil field, just north of McKittrick, Calif., on State Route 33.

(Carolyn Cole/Los Angeles Times)

He added that estimates for the number of wells and people in harm’s way are likely conservative, as the study assessed wells drilled before 2020. That same year was California’s worst wildfire year on record, and saw more than 4.3 million acres burn.

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The researchers also found that exposure to oil wells in the path of wildfires was unevenly distributed. Black, Latino and Native American people faced disproportionate risk.

The reasons for this are myriad, according to González.

For one, an estimated 350,000 new houses are constructed each year in the wildland urban interface, or the area where human development meets forestland and other natural landscapes. Such areas often draw people seeking lower costs of living, but face significant wildfire risks because of their remoteness and high vegetation content.

In urban areas, research has found that oil wells are more likely to be sited in neighborhoods that were historically redlined, or racially segregated. New wells are also disproportionately drilled in areas where Black and Latino people live.

There are solutions, however — or at least recommendations to help mitigate the risks of oil wells in populated, wildfire-prone regions. California recently approved legislation that prohibits new oil and gas wells within 3,200 feet of homes, schools, healthcare facilities and other sensitive sites.

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The state will also receive more than $35 million in federal funding to help plug and remediate more than 200 high-risk orphaned oil and gas wells, and plans to invest more than a quarter of a billion state and federal dollars into orphan well plugging in the coming years.

The researchers also recommended limiting or eliminating drilling in high wildfire risk areas, and investing in better technology for monitoring wells for leaks of flammable gases.

“There’s a strong base of evidence that active wells are harmful for people that live nearby — even in the absence of wildfires,” González said. “So I think from a public health perspective, additional protections are well justified.”

Mackey, of the California Department of Geologic Energy Management, said oil and gas operators in the state are subject to multiple layers of regulation, including requirements that well pads and tanks be kept free of vegetation, and that wells within specified distances of homes and public rights-of-way have fire prevention devices, sensors and alarm systems.

“In the event of a fire, CalGEM will contact affected field operators to warn them of the possible risk and discuss strategies to prevent damage to wells and equipment,” she said. “Operators are directed to close pipelines and tanks and shut off power to wells if they are not already doing so. Operators also have fire suppression capabilities they deploy during emergencies.”

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During the Thomas fire, which was the largest in California at the time, the operators in Santa Barbara and Ventura counties shut down their wells, pipelines and rig work as part of their emergency response to mitigate the risk of fire-related incidents, she said.

Despite such efforts, the study also highlighted what it referred to as a “pernicious feedback loop.” The production and consumption of fossil fuels are driving global warming, which is in turn increasing the frequency and intensity of wildfires, it says. Greenhouse gases emitted by fires are also exacerbating climate change and contributing to the cycle.

González said he hopes the study will prompt more action to not only reduce wildfires, but also to better protect people living in or near the oil wells in their paths.

“We have an opportunity now to take action to prevent future disasters,” he said.

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Electric Vehicle Market Share At 21.4% In California — BEV Models #1 In 4 Vehicle Classes – CleanTechnica

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Electric Vehicle Market Share At 21.4% In California — BEV Models #1 In 4 Vehicle Classes – CleanTechnica


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As American electric vehicle fans, we are often envious of Europeans and Chinese. They have many more electric vehicle models to choose from, and their electric vehicle market share (of overall auto sales) is much higher. However, within the US, we do have one behemoth state that stands out above the crowd and can hold its own with Europe and China in terms of EV market share — or almost can in the case of China. That is California of course.

China has reached 26% of new car sales being full electrics (BEVs), and Europe is at 14% BEV share. California, meanwhile, has seen one out of five new car sales being full electrics in the first half of this year (21.4% market share). That market share is just slightly down from 2023 (when it ended at 21.5% market share), but the interesting thing there is that one major automaker is down a lot while several others are up.

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Plugin hybrid (PHEV) sales were stable at 3.4% in the first half of the year. Conventional hybrids, meanwhile, were up to 13.2%, compared to 11.1% in 2023. But we don’t have a lot of interest in hybrids here, so the rest of this article is only about BEVs.

As reported last night, the problem in the EV market is that Tesla sales in California were down 24% in the second quarter and down 17% in the first half of the year overall. Nonetheless, Tesla is still king of the hill.

Tesla is actually the second best selling auto brand in the state! Three of its models top the sales charts for their vehicle classes in the first 6 months of the year. The Tesla Model Y, which is the best selling vehicle model across the whole market (by far), tops the “luxury compact SUV” class, of course. The Tesla Model 3, which is the 6th best selling vehicle overall, tops the “near luxury cars” class. And the Tesla Model S still tops the “luxury and high end sports cars” class (after all these years). The electric BMW i5 is actually second in that category, giving electrics first and second place. The Tesla Model X is close to the top in the “luxury midsize SUV” class, but is still a few thousand sales behind the Lexus RX.

Aside from Tesla topping those three vehicle classes, one more electric vehicle tops its class. That’s the Rivian R1S in the “luxury large SUV” class.

No other electric vehicles take first or second place in their categories, showing how much the California EV market is still based on Tesla — which has 53.4% BEV market share — but there are other models that make the top 5 in their vehicle classes. The BMW i4 is third in the “near luxury cars” category, the Ford Mustang Mach-E is third in the “2-row midsize SUV” category, the Audi Q4 e-tron is third in the “luxury subcompact SUV” category, the BMW iX is fifth in the “luxury midsize SUV” category, the Mercedes EQB is second in the “luxury subcompact SUV” category, and the Hyundai IONIQ 5 is fifth in the “compact SUV” category.

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While Tesla is far and away the leader in the California BEV market, it’s clear these other models are picking up in pace and helping to mature the market. Naturally, with BEV market share being almost the exact same as in 2023 and Tesla’s sales/share taking a huge plunge, the former is only possible from other BEV models rising and filling the gaps. And that’s even more the case when you consider that the Chevy Bolt has been dropped from the market! One could also argue that it’s the growing competitiveness of other electric vehicles that has driven down Tesla’s sales and market share. There are more good options on the market than ever before, and, to some extent, that must take sales away from Tesla.

One more thing I have to say I’m very curious about: How high can Rivian rise in California? In particular, once Rivian is selling some more affordable vehicles, can it get up near the level of Tesla? I’m curious to find out.


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