Bay Area

Oakland Loses Court Battle Over Coal Terminal for the Second Time

Published

6 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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Marin City Public Housing Residents Demand a Voice in County’s Renovation Plans

Representation has been a continuous struggle for the Residents Council, she said in an interview with the Post News Group. In 2014, the tenants took the county to federal court over this issue, and prevailed, resulting in an MOU that was in effect from 2014 to 2024, said McLemore. “Now, they are not responding to our rightful requests to participate. They are not giving us a legal justification for their position.”

Published

4 days ago

May 10, 2026

Oakland Post

The largest housing complex in Marin County, Golden Gate Village residents are for predominantly Black and low-income. Courtesy image.

Tenants say the County of Marin is ignoring federal law requiring resident council participation

By Ken Epstein

Marin City public housing residents say the County is illegally depriving them of their rights to participate in renovation decisions that affect the future of their housing, raising deep concerns over whether the county ultimately will find a way to displace them.

According to regulations established by the U.S. Department of Housing and Urban Development (HUD), Marin City public housing residents have the right to organize, elect resident councils, and hold public housing agencies accountable for involving them in management decisions.

Without resident participation, the Board of Housing Commissioners, made up of the five Marin County Board of Supervisors and two resident comissioners, has approved a $226 million project. The plan calls for renovation of the 296 units in Golden Gate Village (GGV) and focuses on interior improvements. The project is scheduled to start in July.

Residents’ concerns have a long history, said Royce McLemore, president of the Golden Gate Village Residents Council and a 50-year resident of Marin City,

With no current MOU mandating training and participation of residents, the legal basis for all the redevelopment decisions made by the county since 2024 is questionable, said Terrie Green, executive director of Marin City Climate Resilience. “We are experiencing voicelessness. If residents had a voice, we wouldn’t be where we are today,” she said.

County decisions include a plan, in line with federal regulations, to convert GGV from public housing to a public-private enterprise that allows for private investment. The Marin Housing Authority has created a limited partnership that includes Burbank Housing – which will renovate the units and manage the property – and Wells Fargo Bank, the investor.

This change in federal policy regarding public housing, which includes a shift to a Section-8 voucher system, has resulted in gentrification across the country, particularly affecting African Americans in cities such as San Francisco.

Shifts in criteria of what is considered affordable could also end up pricing residents out of their living units. At present, low income in Marin County is officially considered $156,000. But the median household income in Marin City is significantly lower at $68,846.

Damian Morgan, a community advocate with Marin City Climate Resilience, questioned why the county is renovating apartments without fixing toxic infrastructure that is impacting the lives of people in GGV.

Morgan said tenants have filed a class action lawsuit because of unsafe conditions at Golden Gate Village.

Residents are also concerned that the County still does not have an adequate family plan for temporary displacement while their apartments are being renovated. Although the County has suggested other community apartments as alternatives, nothing concrete has developed except vacant public housing units that have the same toxic conditions, such as mold and mildew.

Green said it doesn’t make sense. “…Why are we moving people around into temporary housing that’s uninhabitable, when you should be dealing first with the infrastructure, the foundational work, replacing old and rusted water pipes and new sewers.”

Morgan questions the County’s motivation for neglecting infrastructure repairs. “They’re remodeling the units but leaving the decayed infrastructure in place. I feel like they’re just setting this up for it to fail.”

“What slowed it down a little is that GGV is a historic preservation district, but I think what they’re striving for is demolition by neglect,” he said. “The neglect has always been on their part.”

Architect Ora Hatheway said her concern is about cutting corners. “You have to deal with the land issues. You have to deal with grading and drainage, and that’s being brushed under the rug.”

In an interview with KGO TV, Marin County Supervisor Stephanie Moulton-Peters responded to some of these concerns. She said residents are guaranteed the right to return to their homes.

“This is a concern that we take seriously,” she said. “Every resident will move back into their own unit, and we’ve given this to them in writing. Before they leave their unit, we will sign a document together that guarantees their right to return.”

In response to residents who feel left out of the planning process, she said community input has focused on those affected by the first phase of the project. “So other residents may not have heard quite as much or felt like they had as much contact. But if there are residents who have concerns, we’re happy to hear from them. You can contact my office or the housing authority directly,” she said.

While County leaders may be giving some updates to some tenants, they are not sitting at the table with the Residents Council nor giving residents a voice in decision-making, said McLemore.

Without a voice in decisions, tenants are worried that Black people may be forced out of public housing, resulting in gentrification, she said in an interview with ABC 7. It’s still paternalistic, she said. “It’s still that ‘We know what’s best for you.’’’

Several years ago, the Residents Council proposed a land trust plan that would give tenants homeownership rights. Though the plan had broad support throughout the county, it was rejected by the Board of Supervisors

In the final analysis, Green said, for Marin City tenants the fight is not just for decent housing but to maintain their community with dignity under conditions of mutual respect.

“We’re talking about people who came here to work in the shipyards during World War II to bring about peace and safety to this country,” she said. “Look at the discrimination we’ve faced down through the years. Look at the life-span issue of Marin City folks – almost 20 years less than the rest of the County.”

“We want educational equity so our children will have decent schools. We need a land trust, property ownership, so we can have wealth creation. Marin City needs the same quality of life as other communities in Marin County.”

Oakland Post

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Oakland Post: Week of May 6 – 12, 2026

The printed Weekly Edition of the Oakland Post: Week of may 6 – 12, 2026

Published

4 days ago

May 10, 2026

Oakland Post

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On the Frontlines of Hate: NAACP Links Victims to Critical Support

The NAACP CA/HI has a long and well-established record of supporting victims of discrimination and hate crimes — providing critical referrals and, when necessary, direct assistance through legal advocacy and other forms of support. Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Published

2 weeks ago

May 1, 2026

Oakland Post

NAACP members at a recent advocacy day in Sacramento urging lawmakers to protect voting rights. Photo courtesy of California Black Media.

By Joe Kocurek
California Black Media

The California/Hawaii State Conference of the NAACP (CA/HI NAACP) has expanded its efforts to respond to rising hate incidents and civil rights complaints across California, supported in part by funding from California’s Stop the Hate Program

Through that grant, NAACP CA/HI has strengthened its ability to connect individuals experiencing hate or discrimination with critical resources. This includes referring those who file complaints to the CA vs Hate hotline, a statewide, non-emergency hate crime and incident reporting hotline and online portal created to help counter a more than 50% increase in reported hate crimes in California between 2020 and 2024. The system helps ensure incidents are documented, and victims are guided toward appropriate support.

LaJuana Bivens says the work of NAACP is as urgent as ever. Photo by Regina Wilson, California Black Media.

LaJuana Bivens, who has served in a number of roles within the NAACP, said California has seen an increase in civil rights violations and hate-related incidents.

“We have 52 branches, and they are constantly receiving complaints,” she said. “So, without the Stop the Hate, we would not be able to refer those cases up to attorneys at the state level. A lot of the people would not have had an opportunity to be heard.”

Carmen-Nicole Cox helps survivors of hate with their legal options. Photo courtesy of Carmen-Nicole Cox.

Carmen-Nicole Cox, an attorney who works with NAACP CA/HI – as a part of California’s Stop the Hate Program – provides legal consultation to victims of hate incidents and discrimination through her legal practice, the Cox Firm for Law and Policy.

She said the complaints she receives span a wide range of issues.

“People are having home builders and landlords refusing to provide repairs, a student was denied promotion in an academic program, and targeted scrutiny at work,” she said. “It’s typically employment; it’s housing; it’s education.

“We’ll meet and they’ll share their experiences,” she said. “And then I make assessments about possible legal claims.”

According to the California Civil Rights Department (CRD), nearly 1,200 reports of hate against minority groups were submitted in 2024 through the CA vs Hate hotline and online portal for non-emergency incidents.

While the California/Hawaii State Conference of the NAACP, which has tens of thousands of members, does not directly investigate hate incidents or crimes, it plays a key role in connecting victims to the state’s reporting systems and support services.

Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Bivens recently traveled to Sacramento to speak with state lawmakers about voting rights during an advocacy day event hosted by the organization.

“It’s just so hard for communities of color to be up to date because of all of the confusing information coming from the federal level,” she said. “I love our great state of California because here it is possible to vote by mail and to vote early.

“And I’m seeing that trying to be eroded. So, I’m here to urge continued support for vote by mail and early voting.”

When Texas moved to redraw congressional districts in ways critics said would dilute minority voting strength, NAACP CA/HI supported the passage of Proposition 50 in California. The organization also intervened in United States v. Shirley Weber, where federal officials sought access to unredacted California voter records, including Social Security numbers, raising concerns about misuse and voter intimidation.

Cultivating the advocacy and leaderships of young people is central to NAACP’s mission to fight racism and dismantle inequality. Photo courtesy of California Black Media.

A federal district court dismissed that case in January 2026.

The organization’s current work builds on a long history of civil rights advocacy. Today, Bivens says, the organization’s mission remains as urgent as ever.

“We are the oldest, boldest, most feared Civil Rights organization,” Bivens said. “What we do every day is fight for better housing, education, economic development and political inclusion. We take it on because there are just so many people who need that support.

“You would be amazed that our phones ring every single day.”

Get Support After Hate:

California vs Hate is a non-emergency, multilingual hotline and online portal offering confidential support for hate crimes and incidents. Victims and witnesses can get help anonymously by calling 833-8-NO-HATE (833-866-4283), Monday to Friday, 9 a.m.–6 p.m. PT, or online at any time. Anonymous. Confidential. No Police. No ICE.

This story was produced in partnership with CA vs Hate. Join them for the first-ever CA Civil Rights Summit on May 11. More information at www.cavshate.org/summit.

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