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Environmental Groups Drop Lawsuit, Give City Chance to Resolve Coal Issue

Published

11 years ago

December 4, 2015

Environmental groups represented by Earthjustice have withdrawn their lawsuit against the City of Oakland and a group of developers led by Phil Tagami’s CCIG for failing to conduct an environmental review of the possible impacts that exporting coal through Oakland’s former Army Base would have on adjacent communities.

Earthjustice, on behalf of the Sierra Club, Communities for a Better Environment and the Asian Pacific Environmental Network, had filed a California Environmental Quality Act (CEQA) action because the original CEQA review of the new Army Base development, performed over a decade ago, did not include an analysis of the impact of the transport of coal.

Shortly after submitting the CEQA challenge to Alameda County Superior Court, however, the City of Oakland filed a motion to dismiss the lawsuit, claiming that the city had not yet taken any action or claimed any position on the coal deal that could be legally challenged.

According to Irene Gutierrez, an attorney at Earthjustice’s California regional office, new information revealed in the city’s motion to dismiss has clarified the city officials’ position on the coal to the petitioners.

This prompted the environmental groups to take a step back to allow the city to continue its own review.

“We drew the lawsuit without prejudice, which means we have the right to return to court at a later date if we so choose,” said Gutierrez. “We will be following closely what the city is doing and trust that it will keep communities’ interests at heart.”

Currently, city staff is performing its own review of the health and safety impacts that transporting coal through the Oakland Bulk and Oversized Terminal (OBOT) would have on surrounding neighborhoods and the environment.

The result of this review will end in a final city council vote to determine what action the city will take to either prevent or regulate shipments of coal coming through Oakland.

The city also has the option of requesting an environmental review similar to the CEQA action, although it is unclear whether their environmental review would potentially halt the entire Oakland Army Base construction project, which would have been the result of Earthjustice’s CEQA challenge.

After reading the city’s motion to dismiss the lawsuit, environmental groups learned that the $250 million terminal development’s $53 million in matching funds that would be coming from Utah, where the coal is mined, was pursued by CCIG “without city support, knowledge or involvement,” according to the papers filed by the city.

In exchange for the $53 million in funds, the developers had promised the Utah counties shipping rights to at least 49 percent of the bulk terminal’s annual shipping capacity, potentially making Oakland the largest coal export city in California, according to Earthjustice’s press release.

Furthermore, it was revealed that the funding from Utah still needs to go through various levels of approval there and is being fought by a Utah chapter of the Sierra Club.

“What they’re trying to send over to Oakland is money slated for remediation and mitigation of the effects of the coal mining industry in Utah,” said Gutierrez. “It’s supposed to stay in Utah to help communities effected by mining and is not meant to come here.”

The city also made clear that it is still evaluating actions it may take to regulate the export of coal, such as requiring additional permits, passing new legislation that would apply to the project or requiring an environmental review.

“Up until September, city councilmembers and the city itself didn’t seem to be making firm statements about things like funding, coal or future discretionary permits,” said Gutierrez.

“Now that there is no more pending litigation, we are hoping for there to be more open communication with councilmembers, and we’re looking forward to hearing more about what precisely is on city council’s mind,” she said.

Before setting off for Paris to attend the global warming climate conference, Mayor Libby Schaaf doubled down on her position against exporting coal through Oakland, reiterating the city’s ability to declare coal a health and safety hazard in order to set regulations.

Originally, city councilmembers had chosen Dec. 8 as the deadline to make a final decision, but that date has been pushed back to February of next year in order to give city staff take more time to evaluate the alternatives.

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Not Just a Southern Issue: Advocates Say SCOTUS Voting Rights Decision Has Already Started to Reshape Black Political Power

OAKLAND POST — Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions.

Published

4 weeks ago

June 17, 2026

bpusa-syndication

By Edward Henderson, California Black Media

U.S. Rep. Sydney Kamlager-Dove (D-CA-37), a member of the Congressional Black Caucus (CBC) whose district spans parts of Los Angeles County, joined fellow CBC member U.S. Rep. Troy Carter (D-LA-2) for a May 21 briefing with Black media outlets in California.

The lawmakers highlighted what they describe as a mounting threat to Black political representation resulting from an April 29 U.S. Supreme Court ruling that weakened key protections under the federal Voting Rights Act.

Kamlager-Dove and Carter warned that the decision, which narrowed the role of race in redistricting, is already reshaping congressional districts across the South and undermining Black voters’ ability to elect candidates of their choice.

“While we are a super blue state, we have far to go when it comes to Black representation; we tend to take that for granted,” Kamlager-Dove said of California, noting that the Golden State has the fifth largest Black population in the country and only has three Black members of Congress.

“While I support building coalitions, we have to make sure that as a Black community we are not yielding our power,” she added.

Calling the fight “not unique to the South,” Carter urged Black communities nationwide to recognize the broader implications of the legal and political battles unfolding in Southern legislatures and courtrooms.

The Supreme Court ruling centers on Section 2 of the Voting Rights Act of 1965, the portion of the law that prohibits voting systems or district maps that dilute the voting strength of racial minorities. For decades, Section 2 allowed civil rights groups to challenge district maps that weakened Black political representation even when lawmakers did not openly state discriminatory intent.

Now, advocates fear that standard has fundamentally changed.

“You have to have smoking gun evidence,” said Mitchell Brown, senior voting rights counsel at the Southern Coalition for Social Justice, during a recent media briefing hosted by American Community Media on May 15. “Legislators are not going to say the quiet part out loud.”

The implications could stretch far beyond congressional elections, Brown said.

Section 2 protections have historically applied not only to U.S. House districts, but also to state legislatures, school boards, county commissions, judgeships, and local governing bodies. Voting rights advocates warn that weakening those protections could reshape political representation throughout the South, particularly in states with large Black populations.

“This is not just a Southern issue,” said Amir Badat, manager of Black Voters on the Rise and voting special counsel at the NAACP Legal Defense and Educational Fund.

Badat described the current moment as part of a much longer historical pattern.

Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions.

“This is the same move,” Badat said.

Advocates also emphasized that the consequences of weakened voting protections extend into everyday life.

Local elected offices such as school boards, city councils, county commissions, and judgeships often determine funding priorities, public safety policy, education standards, and infrastructure investments.

“These are not abstract numbers,” Badat said. “These have real political consequences and policy consequences on people’s day-to-day lives.”

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Published

5 months ago

February 3, 2026

Oakland Post

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity. He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

Published

5 months ago

February 3, 2026

Oakland Post

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.