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Environmental Justice Group Sues Port of Oakland for “Negative Impacts” of Sand and Gravel Project

West Oakland residents are disproportionately lower-income and people of color, and they already face significantly elevated public health threats compared to more affluent Bay Area communities, including other parts of Oakland. West Oakland residents have a higher exposure to diesel particulate matter than 99% of Californians, according to CalEnviroScreen 4.0, according to WOEIP. Local residents’ asthma rates are worse than 98% of Californians, and they have a life expectancy that is 7.5 years shorter than that of the average Alameda County resident.

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A photo of Eagle Rock Aggregates' facility at the Port of Long Beach. The company is seeking to build a similar facility near West Oakland. Photo courtesy of Eagle Rock Aggregates LLC.
A photo of Eagle Rock Aggregates' facility at the Port of Long Beach. The company is seeking to build a similar facility near West Oakland. Photo courtesy of Eagle Rock Aggregates LLC.

By Post Staff

The West Oakland Environmental Indicators Project (WOEIP) this week filed suit against the Port of Oakland for approving a large-scale sand and gravel storage terminal without adequately analyzing or mitigating the project’s significant impacts to public health and the environment, as required under the California Environmental Quality Act (CEQA).

West Oakland is already a severely environmentally overburdened community, and the proposed Eagle Rock Aggregates Oakland Terminal Project would contribute significantly to local air pollution, carbon emissions, noise, and water pollution.

WOEIP, a resident-led, community-based environmental justice organization, filed the lawsuit March 25 in Alameda County Superior Court. The group is demanding the project be rescinded, and if the Port continues to pursue this project, that the terminal’s environmental impacts to be adequately mitigated, as CEQA requires.

“This sand and gravel project would have severe negative impacts on the health of the people in my community,” said Margaret Gordon, co-founder of WOEIP and a former Port Commissioner. “The Port of Oakland Commissioners appear to be completely ignoring the public health impacts that would be caused by the dust blowing off the open-air piles of gravel aggregate into our neighborhoods; the 50 added ship visits every year, all idling in Port and burning one of the dirtiest fuels on the planet; and the 375 new daily truck trips along local West Oakland streets, all spewing diesel particulate matter directly into our air and our homes.”

“Looking beyond today’s legal action, we welcome collaboration with Port Commissioners and staff who are willing to work with us under the Community Health Protection Program established by AB 617,” added Gordon. “Our common goal can be to reduce emissions at the Port, for example by switching to zero-emission electric trucks and equipment.”

West Oakland residents are disproportionately lower-income and people of color, and they already face significantly elevated public health threats compared to more affluent Bay Area communities, including other parts of Oakland. West Oakland residents have a higher exposure to diesel particulate matter than 99% of Californians, according to CalEnviroScreen 4.0, according to WOEIP. Local residents’ asthma rates are worse than 98% of Californians, and they have a life expectancy that is 7.5 years shorter than that of the average Alameda County resident.

Residents in the West Prescott neighborhood, nearest to the proposed project site, have nine times the U.S. average toxic air contaminant cancer risk. Diesel particulate matter is responsible for more than 90% of thae total cancer risk in West Oakland.

The Eagle Rock project would significantly increase the level of particulate matter and diesel exhaust in West Oakland neighborhoods, in addition to increasing the Port’s carbon emissions.

“The environmental analysis for this project is clearly inadequate under state environmental law,” said Laura Beaton, attorney at Shute, Mihaly & Weinberger, representing WOEIP. “The Eagle Rock Aggregates project would have significant negative environmental and public health impacts, yet the Port of Oakland has failed to analyze these impacts, identify and adopt effective mitigation measures are reduce or avoid them, or consider or adopt reasonable alternatives.”

“It’s a serious challenge to the Port’s authority” says Brian Beveridge, co-founder of WOEIP. “And we don’t take it lightly. But, in casually certifying this deeply flawed environmental review, the Port Commission has abandoned its obligation to protect our public interests in the shoreline and our air.”

Port officials were notified by the California Attorney General’s Office, the Bay Area Air Quality Management District, and the California Air Resources Board that the environmental studies for this project are fatally flawed. Nevertheless, the Port’s decision has been to move ahead with the project.

In 2017, WOEIP brought a complaint under Title VI of the Civil Rights Act against the Port for its longstanding pattern of environmentally racist practices. In response, the Port implemented a Public Engagement Plan designed to build communication and trust between the community and the Port. However, although community groups engage in ongoing discussions with the Port, they claim their input has not led to any meaningful change in the Port’s operations.

“The Port’s actions are those of a bad neighbor,” said Gordon. “The people of West Oakland should not have to go to court to protect their health. If the Port wanted to be a responsible neighbor, they would try to mitigate the public health impacts of this project. Instead, they have left us with no other option than to fight a legal battle to protect the public health of the people in our community.”

For more information about the lawsuit, contact Severn Williams at 510-336-9566 or sev@publicgoodpr.com.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
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