California AG Filed Amicus Brief in Support of City of Oakland’s Coal Transport and Storage Prohibition Ordinance

DECEMBER 17, 2018

California Attorney General Xavier Becerra filed an amicus brief in support of the City of Oakland’s ordinance prohibiting storing and handling of coal at the Oakland Bulk and Oversized Terminal (OBOT). The ordinance was passed in 2016 in response to concerns about health and safety impacts on nearby West Oakland residents. The brief was filed in support of Oakland’s appeal of a federal district court decision finding Oakland in breach of its contract with the OBOT. In his brief, AG Becerra noted that West Oakland is a minority community that bears a disproportionate share of the burden from pollution generated in the Bay Area. AG Becerra also noted that Oakland’s police power and public trust obligations under California state law cannot be superseded by a contract with a third party.