Oakland's Justified In Banning Coal Shipments, Enviros Say

Law 360

A pair of environmental organizations filed motions in California federal court on Thursday, asking to intervene to defend the city of Oakland against a suit alleging it violated the commerce clause when it passed an ordinance aimed at preventing the export of coal, and pushing for the dismissal of claims. The Sierra Club and the San Francisco Baykeeper want in on a suit filed by the Oakland Bulk & Oversized Terminal LLC, which is developing a former Oakland Army base as a bulk export facility. In 2015, OBOT negotiated terms with four Utah counties allowing the company to purchase an interest in the terminal to ship coal, the motions said. In reaction to that deal, Oakland passed an ordinance in 2016 banning the storage and unloading of coal by any bulk material facility, citing health and environmental risks.