Court hearing on lawsuit to overturn Oakland's coal ban

This is the first important hearing in the lawsuit by developer Phil Tagami attempting to overturn the City of Oakland’s ban on coal storage and handling at the former Oakland Army Base.

The Court will hear a motion by Sierra Club and San Francisco Baykeeper to be accepted as “intervenors” so that they can participate as full parties supporting the City’s effort to defeat Tagami’s lawsuit.

In addition, the court will consider two motions to dismiss sections of the lawsuit—one seeking dismissal of Tagami’s claim for breach of contract and one seeking dismissal of Tagami’s claim that his constitutional rights were violated by the City’s ban because it discriminated against out-of-state commercial interests and unduly burdened interstate commerce.

If these motions for dismissal are granted, the case will be considerably narrowed, which makes it easier to defend the ban.