Bay Area

Oakland Loses Court Battle Over Coal Terminal for the Second Time

Published

5 years ago

May 28, 2020

Image of the covered rail car that ITS proposed to transport coal. Photo courtesy of ITS.

The City of Oakland was rebuffed for a second time in its attempt to prevent the shipment of coal through Insight Terminal Solutions (ITS) under a contract with Oversize Bulk Commodity Terminal (OBOT) at the Oakland Army Base.

On May 26, 2020, the United States Ninth Circuit Court of Appeal upheld a May 15, 2018, ruling by US District Court Judge Vince Chhabria that the City of Oakland failed to prove that the transportation of coal through the city posed a substantial health and safety hazard to Oakland residents.

Judge Chhabria found that Oakland lacked substantial evidence to prove coal shipment was substantially dangerous because the record it relied on “was riddled with inaccuracies, major evidentiary gaps, erroneous assumptions, and faulty analyses.” The court further found that emissions estimates provided by Environmental Science Associates (“ESA”) were “unreliable based on five flaws in ESA’s analysis.”

Based upon those findings, and others, Judge Chhabria ruled that the city breached its 2013 contract with OBOT, the master developer of the terminal. OBOT may now be eligible for hundreds of millions of dollars in damages caused by the city’s failure to issue the necessary permits to begin construction of the terminal. These damages will ultimately be shouldered by Oakland’s taxpayers.

After hearing city and community concerns about the project, ITS, the terminal builder and operator, tried to strike a compromise. ITS’s proposed compromise included: a.) building a state-of-the-art terminal with hermetically sealed loading and transporting systems to prevent dust from escaping during the processing of coal and all other commodities, b.) a community benefits package totaling $6 million a year for 66 years controlled by a citizen commission which would decide how money should be allocated, and c.) a phasing out of coal processing by 2040, which is five years ahead of Gov. Gavin Newsom’s goal of ending fossil fuels usage by 2045 as published in SB 100. ITS’s proposal was not accepted.

The city played a risky game and lost. Now that the Court of Appeals has affirmed the lower court’s decisions in favor of the developers, ITS is not required to offer any mitigations or community benefits under the terms of the court ruling.

Nevertheless, ITS’ CEO, John Siegel, has said he will stand by his commitment to community benefits under the Oakland Initiative. “No matter whether the court requires this or not, we want to help underserved communities with jobs and benefits. We believe we all do better when everyone has a chance to benefit.”

Siegel went on to say he is still willing to talk to the city about other concessions and that ultimate decisions on those issues depend on how the city moves forward.

The City Council approved a development agreement with a unanimous vote on June 18, 2013. Importantly, Judge Chhabria found, and the court of appeals affirmed, “the agreement did not limit the types of bulk goods that could be shipped through the terminal. And prior to its execution, Oakland had some indication that coal was one of the potential commodities that might be handled.”

The Court ruled that after the city had entered into an agreement, to prevent the shipment of coal through the terminal, it would have to prove that such shipment created a substantial health and safety risk to residents. On June 27, 2016, the City Council passed a resolution declaring that the transport of coal posed a health and safety hazard to residents. They based that determination in large part ESA’s severely flawed study presented at a City Council hearing.

“The question now is will the City Council throw good money after bad?” asked Greg McConnell, a consultant working with ITS. McConnell – who has more than three decades of experience navigating choppy political waters – points out that the city currently has an estimated $120 million deficit, and he questioned whether it makes sense to spend hundreds of thousands more continuing to appeal a decision that has already lost twice in court.

“At a time when the city is reeling from major budget shortfalls and planning to lay off workers and cut vital services that taxpayers desperately need, it does not make sense to continue wasting money on this losing case,” McConnell stated. “That would be a double whammy to Oakland residents.”

Paul Cobb, Post News Group

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Activism

In 1974, Then-Gov. Jimmy Carter Visited the Home of Oakland Black Black Political Activist Virtual Murrell While Running for President

civil rights icon Georgia State Representative Julian Bond said that Carter, along with governors Reuben Askew of Florida, Dale Bumpers of Arkansas, and Terry Sanford of North Carolina, were all a part of what was being dubbed the “New South” and so supported civil rights and voting rights for African Americans.

Published

12 hours ago

January 3, 2025

Oakland Post

Virtual Murrell chats with Jimmy Carter two years before Carter was elected president in 1976. Courtesy photo.

By Virtual T. Murrell
Special to The Post

On his way to seeking the presidency, then-Gov. Jimmy Carter visited the Bay Area in his capacity as campaign chairman of the Democratic National Committee in March of 1974.

A friend of mine, Bill Lynch, a Democrat from San Francisco, had been asked to host Carter, who was then relatively unknown. Seeking my advice on the matter, I immediately called my friend, civil rights icon Georgia State Representative Julian Bond, for his opinion.

Bond said that Carter, along with governors Reuben Askew of Florida, Dale Bumpers of Arkansas, and Terry Sanford of North Carolina, were all a part of what was being dubbed the “New South” and so supported civil rights and voting rights for African Americans.

Based on Julian’s comments, I agreed to host the governor. We picked him up at the San Francisco Airport. With his toothy smile, I could tell almost right away that he was like no other politician I had ever met. On his arrival, there was a message telling him to go to the VIP room, where he met then-Secretary of State Jerry Brown.

After leaving the airport, we went to a reception in his honor at the home of Paul “Red” Fay, who had served as the acting secretary of the Navy under President John Kennedy. (Carter, it turned out, had been himself a 1946 graduate of the U.S. Naval Academy and served as a submariner in the 1950s.)

The following afternoon, the Niagara Movement Democratic Club hosted a reception for Carter, which was a major success. Carter indicated that he would be considering running for president and hoped for our support if he did so.

As the event was winding down, I witnessed the most amazing moment: Carter’s wife, Rosalynn, was in the kitchen with my former wife, Irene, wearing an apron and busting suds! You would have to have been there to see it: The first and last time a white woman cleaned up my kitchen.

A few months later, President Richard Nixon resigned amid the Watergate scandal. He was succeeded by his vice president, Gerald Ford.

On the heels of that scandal, Jimmy Carter’s election in 1976 represented integrity and honesty at a point in America’s history when he was just what the nation needed to lead as president of the United States.

Oakland Post

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Oakland Post: Week of January 1 – 7, 2025

The printed Weekly Edition of the Oakland Post: Week of January 1 – 7, 2025

Published

2 days ago

January 2, 2025

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

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Activism

Let’s Talk Health: Empowering Our Community with Health Literacy

At Covered California, we recognize that understanding health insurance is more than just choosing a plan –it’s about having the knowledge to make informed decisions that lead to healthier lives. That’s why this year’s open enrollment campaign, “Let’s Talk Health,” focuses on breaking down barriers and simplifying the complex language of health care.

Published

5 days ago

December 29, 2024

Oakland Post

Dr. Monica Soni. Courtesy of Covered California.

By Dr. Monica Soni

Navigating health insurance can often feel overwhelming, especially for individuals and families who are new to the system or unsure about their options.

Health literacy is critical for achieving better outcomes, reducing disparities, and ensuring every African American and Black Californian — regardless of their income, ethnicity, or background — has access to quality care. By making health insurance simpler to understand, we empower individuals to access preventive services, manage chronic conditions, and avoid costly medical bills.

Breaking Barriers in African American and Black Communities
This year, “Let’s Talk Health” places a special focus on supporting African American and Black communities, where systemic inequities in health outcomes persist. These communities often face higher rates of chronic conditions and challenges in navigating the health care system. To address these disparities, Covered California partnered with trusted organizations to provide information, tips and resources.

In San Francisco, Andre Atkins, Director of Programs at Rafiki Coalition, led a dialogue with Dr. Kim Rhoads, Community Engagement Director at UCSF Helen Diller Family Comprehensive Cancer Center; Destiny Williams, Health and Wellness Program Manager at Rafiki Coalition; and myself.

These conversations play a vital role in the pursuit of health equity by sharing power and creating spaces where our community can learn, share experiences, ask questions and connect with advocates who work daily to understand their unique needs. Through these efforts, we reaffirm our dedication to fostering equity and inclusion in health care, ensuring that every voice is heard and supported.

Why Health Literacy Matters
Health literacy goes beyond understanding health care terms. It’s about empowerment. It equips individuals to make informed decisions, from choosing the right health plan to finding a provider to deliver preventive care and seeking mental health services. At Covered California, we provide tools and resources, such as side-by-side plan comparisons and financial assistance details, to ensure everyone can navigate their options confidently and access the care they need.

Taking the First Step
Whether you’re a student, part-time worker, family of four, open enrollment is your opportunity to prioritize your health and your future. This year’s open enrollment period runs from Nov. 1, 2024, to Jan. 31, 2025, and we’re here to assist you every step of the way.

Consumers must select a health plan by the Dec. 31 to receive coverage for the entire year, starting Jan. 1, 2025.

To find the plan that’s right for you, and take the first step toward a healthier tomorrow, visit CoveredCA.com and fill out the application yourself or put in your ZIP code and connect with a certified agent in your neighborhood who can guide you through your options. Together, we can break down barriers and ensure that all Californians have the tools to thrive.

Dr. Monica Soni, MD, is the Chief Medical Officer for Covered California, where she leads efforts in health equity, quality transformation, and clinical innovation. As a practicing board-certified internal medicine physician and health care leader with over a decade of experience, Dr. Soni is committed to improving affordability, access, and outcomes for all Californians.