Before the trial got underway, the judge reiterated his guidance from last week’s summary judgment hearing: “The question in this case is whether substantial evidence supports the City’s decision. It either does or it doesn’t.”
Before a packed courtroom of No Coal in Oakland supporters, Judge Vince Chhabria today ordered a trial on whether the City breached its agreements with the developer when it enacted a ban on coal storage and handling in July 2016. The trial will start on Tuesday, January 16, and then hop, skip, and jump from Wednesday, January 17 to Friday, January 19, and on to Tuesday, January 23.
At today’s hearing, the judge effectively denied summary judgment to both sides on the developer’s breach of contract claim and left summary judgment motions on federal constitutional ...
The Attorney General's office released the following statement on the filing of the State of California's brief in support of the City of Oakland and Sierra Club/SF Baykeeper's motions seeking dismissal of developer Phil Tagami's lawsuit against the City.
Attorney General Becerra Files Amicus Brief Supporting Oakland’s Ban on Storage and Handling of Coal
SACRAMENTO – California Attorney General Xavier Becerra today filed an amicus brief in support of the City of Oakland’s ordinance prohibiting the storage and ...
On December 7, Center for Biological Diversity filed an amicus brief on behalf of itself, Asian Pacific Environmental Network, and Communities for a Better Environment, No Coal in Oakland, and West Oakland Environmental Indicators Project in support of the City of Oakland’s and Sierra Club/SF Baykeeper’s motions for summary judgment in the lawsuit brought by developer Phil Tagami to challenge the City's Ordinance banning storage and handling of coal.
CBD issued the following press release:
For Immediate Release, December 7, 2017
Legal Action by Community ...
On Tuesday, December 5, the City of Oakland and Sierra Club/S.F. Baykeeper filed two powerful motions calling on U.S. District Court Judge Vince Chhabria to dismiss developer Phil Tagami's lawsuit against the City of Oakland, Oakland Bulk & Oversized Terminal, LLC vs. City of Oakland. The lawsuit is being financed by Bowie Resource Partners, a Kentucky-based coal company with plans to ship tens of millions of tons of Utah coal through Oakland if Tagami's lawsuit is successful.
The defendants' two motions for summary judgment argue that there is no need for a ...
On Monday, November 20, developer Phil Tagami's lawyers filed a motion for summary judgment in the United States District Court case Oakland Bulk & Oversized Terminal, LLC vs. City of Oakland. Summary judgment is a procedure by which some or all of a case is decided in favor of one side or the other prior to trial on grounds that there are no contested facts that would affect the outcome. Oakland Bulk & Oversized Terminal, LLC (OBOT) is the corporate shell through which Tagami and his partners hold a 66-year-lease on a corner of the former Oakland Army Base near ...
80 people encircled the Rotunda Building, half of them young people, mostly of elementary school age, with placards proclaiming “Boycott the Rotunda,” “Youth vs. Coal,” and “DeCOALonize Oakland.”
On the eve of Halloween, Monday October 30th, hundreds of middle and high school students, union members, and Oakland activists participated in a “Zombie March on Coal” to the home of Oakland developer Phil Tagami to protest his attempt to overturn the city's 2016 ban on the storage and handling of coal in Oakland.
In the wake of the fires in the North Bay, when Oakland experienced some of the worst air quality in recent memory, residents can't accept that Phil Tagami has brought a costly lawsuit against the City of Oakland in an attempt to bring even more air ...
No Coal in Oakland's Open Letter to Phil Tagami — calling on the would-be coal developer to "dismiss his lawsuit against the people of Oakland," and "get to work on a plan that makes sense for one of the few remaining undeveloped parcels on our public waterfront" — was published late last week in the East Bay Express and the Oakland Post.
To-date, over 66 organizations and 1,800 individuals have signed on. The text of the letter follows:
We call on Phil Tagami to dismiss his lawsuit against the people of Oakland and give up his plan to build the largest coal ...
Today, the Washington State Department of Ecology denied a permit for construction of the giant Millenium Bulk coal project that would have shipped 44 million tons of coal from Wyoming and other Western States to markets in Asia. This marks the 7th straight defeat for efforts to ship coal through West Coast ports in efforts to revive the dying U.S. coal industry.
As in Oakland's rejection of the coal export facility proposed for the former Oakland Army Base, community mobilization and exposure of the real hazards and costs of expanding coal transport and consump...