As the whole issue of allowing the transport of coal to the planned and under construction Oakland Bulk and Oversized Terminal heads to court, the ordinance the Oakland City Attorney’s Office refers to as part of its defense in the lawsuit against it, has a major problem that could scuttle the City of Oakland’s legal defense.
The Coal Ban reads in part that it relies on the 2002 Oakland Army Base Redevelopment Plan EIR, and it’s 2012 Addendum. And that is where the problem starts for Oakland.
The original 2002 Oakland Army Base Redevelopment Plan EIR contained review of the possible development of something called the Port Of Oakland Intermodal Terminal – the endpoint of a long-talked about dream: to have one giant facility that allowed shipments from rail to then be quickly transferred to container ships.
That idea is also the basis of the Oakland Bulk and Oversized Terminal project.
The City of Oakand’s EIR never, not once, included a specific concern for coal transport. None of the submitted comments or responses did either.
This should be interesting, given that the judge in the case sided with the plaintiff, and this is headed to trial.
Stay tuned.