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Three Lawsuits Challenge City of Oakland, A’s Over Proposed Real Estate Project at Port of Oakland

The second lawsuit was filed by Union Pacific Railroad, raising concerns about environmental and public safety risks. In a statement to the San Francisco Chronicle, Robynn Tysver, a spokesperson for Union Pacific, said the company has “serious safety concerns” about the project because, if built, it would be near “two busy railyards and a busy passenger rail station.”

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Rail line at the Port of Oakland. Photo courtesy of the Port of Oakland.
Rail line at the Port of Oakland. Photo courtesy of the Port of Oakland.

By Ken Epstein

So far, three lawsuits have already been filed challenging efforts by Oakland Mayor Libby Schaaf and John Fisher of the Oakland A’s to move full-steam ahead to win final approval for building a massive $12 billion private real estate project on public land at Howard Terminal at the Port of Oakland.

Two lawsuits were filed on Friday, April 1. Observers say more lawsuits may be forthcoming as those who are opposed to the project or have concerns about how the giveaway of public property and public funding are unfolding as Schaaf and the A’s corporation move forward while ignoring or marginalizing the concerns of port-related businesses and longshore workers, city residents and environmentalists.

Ignoring hundreds of written concerns and many public comments, the Oakland Planning Commissioners — all appointed by Schaaf — unanimously passed the Environmental Impact Report (EIR) on the project. The project has also been approved by Port Commissioners who were also appointed by the mayor.

One lawsuit, which says the EIR does not meet legal environmental requirements, was filed on behalf of the East Oakland Stadium Alliance; Schnitzer Steel, a metal shredding facility; Pacific Merchant Shipping Association; the Harbor Trucking Association; California Trucking Association; and the International Longshore and Warehouse Union (ILWU), which represents dockworkers. Several of these organizations have criticized city officials and the Oakland A’s corporation for refusing to meet with them to negotiate or even inform them about the project proposal.

A spokesperson for the East Oakland Stadium Alliance said the A’s and the City have failed to disclose the negative impacts that the project will have on businesses at the Port and surrounding communities.

“The A’s proposal to build a stadium and luxury condominiums, office and retail development will cause major disruptions and impacts to both the surrounding community and the operations of the Port, yet the EIR did not fully address these concerns or mitigate these well-known issues,” said Mike Jacob, speaking for the Stadium Alliance to KRON4.

“It is simply not proper to ignore or defer analysis or mitigation of so many of the significant impacts identified in the more than 400 comments submitted by community and supply chain stakeholders, and as a result our only alternative is to pursue legal recourse,” Jacob said.

The second lawsuit was filed by Union Pacific Railroad, raising concerns about environmental and public safety risks.

In a statement to the San Francisco Chronicle, Robynn Tysver, a spokesperson for Union Pacific, said the company has “serious safety concerns” about the project because, if built, it would be near “two busy railyards and a busy passenger rail station.”

“Union Pacific believes developing the Howard Terminal without removing rail, vehicle and pedestrian conflicts will exacerbate roadway congestion and create significant safety risks for the public and our employees,” said Tysver. “We are asking that the Oakland A’s and City of Oakland go back and diligently study a grade-separated access plan to properly mitigate the risks.”

A third lawsuit against the EIR was filed on April 4 by the Capitol Corridor Joint Powers Authority. The Capitol Corridor runs 30 weekday and 22 weekend passenger trains weekly on Union Pacific tracks. Union Pacific runs 15 freight trains per day and Amtrak passenger trains.

Responding to the lawsuits, Dave Kaval, president of the A’s, said, “This is just absolutely crazy that these lawsuits are even possible. We are going to prosecute this and defend it and do what we can to demonstrate our project is going to be a huge net benefit,” he said in an interview with the Chronicle.

Kaval was dismissive of the Union Pacific lawsuit, saying the current railway situation at the Port is “completely untenable.”

“One of the key parts of this project is maintaining railroad safety,” Kaval said. “Our project is going to do so much to make Jack London Square safer.”

Of the first lawsuit filed against the EIR, Kaval said, “We think they should drop the lawsuit. It’s an odd way to use an environmental law to prevent the environmental review from being completed.” He said he and city staff were both concerned about the lawsuit.

“We are disappointed collectively about this,” he said.

Kaval said the project is looking at building two bridges, one for pedestrians and another for vehicles, to allow traffic to move safely over multiple train tracks. Other unnamed safety and infrastructure improvements are also being considered.

“We will be very forceful to have this rescinded. We’re at the bottom of the ninth inning, and we need to get the Howard Terminal ballpark approved.”

The A’s project has the support of Democratic political leaders in California who passed a state law that says that lawsuits related to the project must be resolved in less than 270 days.

Schaaf also opposed the lawsuits, defending the Planning Commission approval of the EIR. Justin Berton, a spokesperson for the mayor’s office, gave a statement to KRON, saying:

“The city stands by the integrity of its process and analysis culminating in the certification of the EIR… This particular EIR is exceedingly rigorous, thorough, transparent, and ensures a waterfront ballpark district will be built with only the highest environmental standards.”

Activism

Oakland Post: Week of October 29 – November 4, 2025

The printed Weekly Edition of the Oakland Post: Week of October 29 – November 4, 2025

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Activism

Past, Present, Possible! Oakland Residents Invited to Reimagine the 980 Freeway

Organizers ask attendees coming to 1233 Preservation Park Way to think of the event as a “time portal”—a walkable journey through the Past (harm and flourishing), Present (community conditions and resilience), and Future (collective visioning).

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Hundreds of residents in West Oakland were forced out by eminent domain before construction began on the 980 freeway in 1968. Courtesy photo.
Hundreds of residents in West Oakland were forced out by eminent domain before construction began on the 980 freeway in 1968. Courtesy photo.

By Randolph Belle
Special to The Post

Join EVOAK!, a nonprofit addressing the historical harm to West Oakland since construction of the 980 freeway began in 1968, will hold  a block party on Oct. 25 at Preservation Park for a day of imagination and community-building from 10 a.m. to 4 p.m.

Organizers ask attendees coming to 1233 Preservation Park Way to think of the event as a “time portal”—a walkable journey through the Past (harm and flourishing), Present (community conditions and resilience), and Future (collective visioning).

Activities include:

  • Interactive Visioning: Site mapping, 3-D/digital modeling, and design activities to reimagine housing, parks, culture, enterprise, and mobility.
  • Story & Memory: Oral history circles capturing life before the freeway, the rupture it caused, and visions for repair.
  • Data & Policy: Exhibits on health, environment, wealth impacts, and policy discussions.
  • Culture & Reflection: Films, installations, and performances honoring Oakland’s creativity and civic power.

The site of the party – Preservation Park – itself tells part of the story of the impact on the community. Its stately Victorians were uprooted and relocated to the site decades ago to make way for the I-980 freeway, which displaced hundreds of Black families and severed the heart of West Oakland. Now, in that same space, attendees will gather to reckon with past harms, honor the resilience that carried the community forward, and co-create an equitable and inclusive future.

A Legacy of Resistance

In 1979, Paul Cobb, publisher of the Post News Group and then a 36-year-old civil-rights organizer, defiantly planted himself in front of a bulldozer on Brush Street to prevent another historic Victorian home from being flattened for the long-delayed I-980 Freeway. Refusing to move, Cobb was arrested and hauled off in handcuffs—a moment that landed him on the front page of the Oakland Tribune.

Cobb and his family had a long history of fighting for their community, particularly around infrastructure projects in West Oakland. In 1954, his family was part of an NAACP lawsuit challenging the U.S. Post Office’s decision to place its main facility in the neighborhood, which wiped out an entire community of Black residents.

In 1964, they opposed the BART line down Seventh Street—the “Harlem of the West.” Later, Cobb was deeply involved in successfully rerouting the Cypress Freeway out of the neighborhood after the Loma Prieta earthquake.

The 980 Freeway, a 1.6-mile stretch, created an ominous barrier severing West Oakland from Downtown. Opposition stemmed from its very existence and the national practice of plowing freeways through Black communities with little input from residents and no regard for health, economic, or social impacts. By the time Cobb stood before the bulldozer, construction was inevitable, and his fight shifted toward jobs and economic opportunity.

Fast-forward 45 years: Cobb recalled the story at a convening of “Super OGs” organized to gather input from legacy residents on reimagining the corridor. He quickly retrieved his framed Tribune front page, adding a new dimension to the conversation about the dedication required to make change. Themes of harm repair and restoration surfaced again and again, grounded in memories of a thriving, cohesive Black neighborhood before the freeway.

The Lasting Scar

The 980 Freeway was touted as a road to prosperity—funneling economic opportunity into the City Center, igniting downtown commerce, and creating jobs. Instead, it cut a gash through the city, erasing 503 homes, four churches, 22 businesses, and hundreds of dreams. A promised second approach to the Bay Bridge never materialized.

Planning began in the late 1940s, bulldozers arrived in 1968, and after years of delays and opposition, the freeway opened in 1985. By then, Oakland’s economic engines had shifted, leaving behind a 600-foot-wide wound that resulted in fewer jobs, poorer health outcomes, and a divided neighborhood. The harm of displacement and loss of generational wealth was compounded through redlining, disinvestment, drugs, and the police state. Many residents fled to outlying cities, while those who stayed carried forward the spirit of perseverance.

The Big Picture

At stake now is up to 67 acres of new, buildable land in Downtown West Oakland. This time, we must not repeat the institutional wrongs of the past. Instead, we must be as deliberate in building a collective, equitable vision as planners once were in destroying communities.

EVOAK!’s strategy is rooted in four pillars: health, housing, economic development, and cultural preservation. These were the very foundations stripped away, and they are what  they aim to reclaim. West Oakland continues to suffer among the worst social determinants of health in the region, much of it linked to the three freeways cutting through the neighborhood.

The harms of urban planning also decimated cultural life, reinforced oppressive public safety policies, underfunded education, and fueled poverty and blight.

Healing the Wound

West Oakland was once the center of Black culture during the Great Migration—the birthplace of the Black Panther Party and home to the “School of Champions,” the mighty Warriors of McClymonds High. Drawing on that legacy, we must channel the community’s proud past into a bold, community-led future that restores connection, sparks innovation, and uplifts every resident.

Two years ago, Caltrans won a federal Reconnecting Communities grant to fund Vision 980, a community-driven study co-led by local partners. Phase 1 launched in Spring 2024 with surveys and outreach; Phase 2, a feasibility study, begins in 2026. Over 4,000 surveys have already been completed. This once-in-a-lifetime opportunity could transform the corridor into a blank slate—making way for accessible housing, open space, cultural facilities, and economic opportunity for West Oakland and the entire region.

Leading with Community

In parallel, EVOAK! is advancing a community-led process to complement Caltrans’ work. EVOAK! is developing a framework for community power-building, quantifying harm, exploring policy and legislative repair strategies, structuring community governance, and hosting arts activations to spark collective imagination. The goal: a spirit of co-creation and true collaboration.

What EVOAK! Learned So Far

Through surveys, interviews, and gatherings, residents have voiced their priorities: a healthy environment, stable housing, and opportunities to thrive. Elders with decades in the neighborhood shared stories of resilience, community bonds, and visions of what repair should look like.

They heard from folks like Ezra Payton, whose family home was destroyed at Eighth and Brush streets; Ernestine Nettles, still a pillar of civic life and activism; Tom Bowden, a blues man who performed on Seventh Street as a child 70 years ago; Queen Thurston, whose family moved to West Oakland in 1942; Leo Bazille who served on the Oakland City Council from 1983 to 1993; Herman Brown, still organizing in the community today; Greg Bridges, whose family’s home was picked up and moved in the construction process; Martha Carpenter Peterson, who has a vivid memory of better times in West Oakland; Sharon Graves, who experienced both the challenges and the triumphs of the neighborhood; Lionel Wilson, Jr., whose family were anchors of pre-freeway North Oakland; Dorothy Lazard, a resident of 13th Street in the ’60s and font of historical knowledge; Bishop Henry Williams, whose simple request is to “tell the truth,” James Moree, affectionately known as “Jimmy”; the Flippin twins, still anchored in the community; and Maxine Ussery, whose father was a business and land owner before redlining.

EVOAK! will continue to capture these stories and invites the public to share theirs as well.

Beyond the Block Party

The 980 Block Party is just the beginning. Beyond this one-day event, EVOAK! Is  building a long-term process to ensure West Oakland’s future is shaped by those who lived its past. To succeed, EVOAK! Is seeking partners across the community—residents, neighborhood associations, faith groups, and organizations—to help connect with legacy residents and host conversations.

980 Block Party Event Details
Saturday, Oct. 25
10 a.m. – 4 p.m.
Preservation Park, 1233 Preservation Park Way, Oakland, CA 94612
980BlockParty.org
info@evoak.org

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Alameda County

Mayor Lee Responds to OPD Chief Floyd Mitchell’s Decision to Resign

Chief Mitchell announced last week that he will be stepping down from his position after 18 months. His final day will be Dec. 5. 

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OPD Chief Floyd Mitchell. Official portrait.
OPD Chief Floyd Mitchell. Official portrait.

By Ken Epstein

Oakland Mayor Barbara Lee Office has responded to the announcement that OPD Chief Floyd Mitchell has decided to resign.

Chief Mitchell announced last week that he will be stepping down from his position after 18 months. His final day will be Dec. 5.

“I want to thank Chief Mitchell for his dedicated service to Oakland and his leadership during a critical time for our city,” said Mayor Lee.

“Under his tenure, we have seen significant reductions in crime – a testament to his commitment to public safety and the hard work of our police officers,” said Lee. “I am grateful for Chief Mitchell’s collaboration with our administration and his focus on community-centered policing.

“The women and men of the Oakland Police Department have my full support as we work together to ensure a smooth transition and continue building on the progress we’ve made for Oakland’s residents,” Lee said.

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