Final Hearing in Federal Coal Trial (CANCELLED)

Judge Chhabria has CANCELLED the hearing first scheduled on March 28 then moved to April 5. His ruling in OBOT v City of Oakland will be issued without holding further hearings. He could issue his written ruling at any time, in April or later.

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 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.  The three-day trial in January is described in our earlier posts which you can find here.  Check back before coming because Judge Chhabria sometimes calls off or changes the date and time of a hearing.