Oakland Coal Ban Struck Down By Federal Judge Vince Chhabria
The battle between Oakland Bulk Terminal and the City of Oakland (and described more by the press as Phil Tagami vs The City of Oakland) was declared over today, as U.S. District Federal Judge Vince Chhabria issued a 37-page decision, which ended with these words:
“The resolution applying the coal ordinance to the OBOT facility is invalid, because it is a breach of the development agreement. The City is therefore enjoined from relying on the resolution either to apply the ordinance to OBOT or to restrict future coal operations at the
facility. As a practical matter, this renders the coal ordinance a nullity, because the only reason the City adopted it was to restrict OBOT’s operations, and OBOT is the only facility in Oakland
to which it could conceivably apply. But as a strictly technical matter, there’s no reason to strike down the ordinance once it has been determined that Oakland may not presently apply it to
OBOT. The City remains free, of course, to pursue future regulation of the project so long as it complies with its legal obligations, including any legitimate contractual obligations to the project developers. Because OBOT prevails on its breach of contract claim, the Court enters judgment for OBOT without reaching the constitutional and statutory claims raised at summary judgment.
IT IS SO ORDERED.”
The simple fact is the City of Oakland offered a weak defense to cover up the fact that it collectively knew that the Oakland Bulk Terminal Facility was to handle minerals including coal. In other words, the City of Oakland lied.
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