Lawsuits – the proposed coal terminal in the courts: FAQ

• What are the lawsuits that have been decided regarding the coal terminal?

  OBOT in the federal courts: Oakland Bulk & Oversized Terminal, LLC vs. City of Oakland, Case No. 3:16-cv-07014-VC in US District Court, Northern District of California, San Francisco Division was decided by Judge Vince Chhabria in May 2018. Judge Chhabria deferred ruling on OBOT’s constitutional and federal preemption claims, deciding the case solely on the bases of OBOT’s breach of contract claim. Chhabria did not rule on the validity of Oakland’s coal ordinance; but ruled the City’s resolution applying the coal ordinance to OBOT breached the development agreement (contract) between developers and the City of Oakland. Judge Chhabria’s ruling was upheld by the Ninth Circuit Court of Appeals in May 2020.

  OBOT in the California state courts: Oakland Bulk & Oversized Terminal, LLC et al. v. City of Oakland, cases RG18930929 and RG20062473 in the Superior Court of California, County of Alameda, was decided by Judge Noël Wise in January 2023. Judge Wise relied substantially on Judge Chhabria’s prior decision in the Federal case, finding that OBOT was not in default of its contracts with the City of Oakland in November 2018, when the City terminated OBOT’s lease for failure to meet construction milestones required by the contract. The lease agreement was restored by Judge Wise’s ruling, and the “Initial Milestone Date” was extended by 2.5 years. However, Judge Wise denied OBOT’s claim for $159,600,000 in damages — mainly the developers’ claimed “lost profits” — because she found the claim “speculative and unreliable.” The City appealed the decision on the lease termination, but the appeal was denied. The California Supreme Court declined to review the City’s appeal on September 17, 2025. The milestone date was extended to March 2028, 2.5 years from the date the State Supreme Court declined to review the case.

• Are there any ongoing lawsuits regarding the coal terminal?

  In March 2024, Insight Terminal Solutions (ITS) filed a frivolous lawsuit against the City of Oakland, claiming losses of over a billion dollars stemming from the City’s termination of Phil Tagami’s lease in 2018. ITS is a shell company owned by hedge fund operator Jon Brooks, and holds the sublease to the West Gateway site where the proposed coal terminal would be sited. The ITS case was filed in U.S. Bankruptcy Court before Judge Joan Lloyd, in Louisville, Kentucky: the same court where Brooks gained control of ITS and the West Gateway sublease after original owner John Siegel, former CEO of coal mining company Bowie Resource Partners, filed for reorganization under Chapter 11 of the Bankruptcy Code. A week after ITS’s forum-shopped judge issued a ruling that exceeded her court’s authority in late October 2025, she was yanked off the case by US District Judge Benjamin Beaton, also based in Kentucky. Judge Beaton vacated Judge Lloyd’s “final judgement” three weeks later. Oral arguments on the City of Oakland’s motion for summary judgement (asking Judge Beaton to dismiss the case altogether on numerous grounds) were held in April 2026. Judge Beaton’s decision on that motion is pending as of early September 2026. An appeal of Judge Beaton’s decision is possible if it goes against ITS.

• Where can I find more information about the Federal lawsuit decided in May 2018?

  The Our Campaign page maintained by No Coal in Oakland summarizes developments in the Federal lawsuit and provides links to detailed news posts (see December 2016 to May 2018). A curated selection of court documents filed in this case can be found on the page Court Documents – 2018 Federal – OBOT v Oakland. Judge Chhabria’s decision filed May 15, 2018, No Coal in Oakland’s comments on that decision, and NCIO’s summary of the Ninth Circuit Court of Appeals ruling upholding Chhabria’s decision are also available.

• Where can I find more information about the state (California) lawsuit decided in January 2024?

  The Our Campaign page maintained by No Coal in Oakland summarizes developments in the California lawsuit and provides links to detailed news posts (see December 2018 to January 2024). A curated selection of court documents filed in this case can be found on the page OBOT v City of Oakland (2023 trial and appeal). Alameda County Superior Court Judge Noël Wise’s decision, filed January 23, 2024 is linked from that page. (Judge Wise has since been appointed to the federal district court for the Northern District of California.)