Coal Trial Begins: OBOT v City of Oakland

The trial in the case of Oakland Bulk & Oversized Terminal, LLC v. City of Oakland begins today in United States District Court in San Francisco.  To get through courthouse security, you need government-issued picture ID. It’s like airport security only you don’t need a boarding pass. Once inside, go to the 17th floor, Courtroom 2. Wear your red “No Coal in Oakland” T-shirt in solidarity with the City of Oakland. The lawsuit is funded by Bowie Resource Partners, the top coal producer in Utah, which hopes to own and operate a coal terminal in West Oakland near the foot of the Bay Bridge.  Judge Chhabria has focused the trial on the question of whether the City of Oakland had substantial evidence to support its enforcement of a ban on coal storage and handling on the Terminal project.  The City approved a Development Agreement in 2013 immunizing the project from changes in rules and regulations, but the City has the power to impose new regulations provided they held a public hearing (which they did) and compiled substantial evidence that failure to impose the regulation would result in a substantial danger to the health and safety of West Oakland residents and workers at the site.