Oakland Coal Terminal Case Heard Before the Ninth Circuit Court of Appeals

Oakland, Calif., — Today, eighteen months after Judge Vince Chhabria struck down the City of Oakland’s ban on handling and storage of coal at the former Oakland Army Base, the case was argued on appeal before three Ninth Circuit judges. They heard oral arguments on the appeal by the City of Oakland, Sierra Club, and San Francisco Baykeeper. 

“Oakland communities are united in support of the City of Oakland’s ban on handling and storing coal,” said Terilyn Chen, Regional Coal Organizer for the Sierra Club, San Francisco Bay Chapter. “The ban passed with no dissenting votes, after a series of hearings where hundreds of impacted Oakland residents spoke out about the impact the coal terminal would have on their health and safety. When polled, 76 percent of Oakland residents said they oppose the coal terminal. The City of Oakland has every right to defend Oakland communities from dangerous pollution, and Oakland communities stand with the City as they continue to defend that right in court.”

“We stand by the City of Oakland’s decision to pass a ban protecting the San Francisco Bay and local residents from dirty coal dust,” said San Francisco Baykeeper’s Executive Director, Sejal Choksi-Chugh. “Coal is a toxic fossil fuel that harms wildlife and people.  And burning coal continues to worsen the planet’s climate crisis. That’s why we were in court today, to stand up to the polluting coal industry and say we’ve had enough — for the good of the Bay, our communities, and our planet, let’s keep coal in the ground.”

Background: A portion of the former Oakland Army Base is being developed as a bulk export facility, known as the Oakland Bulk and Oversized Terminal (OBOT). CCIG, the developer, promised not to include coal as a commodity handled by the terminal, but later solicited a partnership with four Utah counties that would have allowed coal companies to ship up to 10 million tons of coal each year. A Utah funding body approved $53 million to buy space at Oakland Bulk Terminal for these exports. This deal was conducted behind the back of the Oakland City Council.

Those who oppose the plan to store and handle coal in Oakland have voiced concerns over how this decision will affect the community’s safety, the environment, and public health. The Oakland City Council voted in July of 2016 to ban the storage and handling of coal in Oakland, and at the former Army Base. In December of 2016 developers including Phil Tagami sued the City of Oakland to overturn their ban on storage and handling of coal. In May 2018, Judge Vince Chhabria struck down the ban, only as it applied to the Army Base, after a three-day trial. The City of Oakland, Sierra Club, and San Francisco Baykeeper are appealing the decision.