California News

Ninth Circuit Denies Oakland’s Appeal On Coal Ban

East Bay Times-


A judge’s ruling striking down Oakland’s ban on transporting coal through the city was affirmed by the Ninth Circuit Court of Appeals on Tuesday.

In an opinion issued Tuesday, two of three judges on the panel upheld a lower court’s finding that the city breached its contract with a developer by attempting to block shipments of coal through a bulk terminal under construction at the former Oakland Army Base.

The coal controversy dates back to 2015, when Oakland officials first learned about a deal with Utah coal companies to haul their product by rail to Oakland to be shipped overseas. After months of community outrage, the City Council in July 2016 voted to prohibit the storing and handling of coal within city limits. The unanimous vote was directly aimed at developer Phil Tagami’s $250 million bulk terminal, located on the outer harbor near the Bay Bridge Toll Plaza.

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