No Coal in Oakland: Lawsuit Heads to Trial!

Categories:

When:
January 16, 2018 @ 8:30 am – 2:00 pm
2018-01-16T08:30:00-08:00
2018-01-16T14:00:00-08:00
Where:
Federal District Court of San Francisco
Phillip Burton Federal Building
450 Golden Gate Ave, San Francisco, CA 94102
USA

Coal lawsuit heads to trial

Currently-scheduled trial dates/times are:

  • Tuesday, Jan 16, 2018 — 8:30 am until 2:00 pm
  • Wednesday, Jan 17, 2018 — 10:00 am until 3:30 pm
  • Friday, Jan 19, 2018 — 8:30 am until 2:00 pm
  • Tuesday, Jan 23, 2018 — 8:30 am until 2:00 pm

As many of you know from press coverage in the East Bay Express and elsewhere, the coal trial begins this coming Tuesday, Jan 16th in the case that local developer Phil Tagami and his coal industry backers have brought against the City of Oakland.

No Coal in Oakland asks its supporters to attend the trial, even if only for a single day or a few hours. It is important for the court to see our community’s grave concern about the proposed coal terminal’s threat to health, safety, and the environment.

At issue in the trial will be whether the Oakland City Council was presented with substantial evidence of a danger to public health and safety before it voted in 2016 to ban coal storage and handling in Oakland. Constitutional issues raised by Tagami’s lawyers — asserting that the City of Oakland’s jurisdiction over the proposed coal terminal is preempted by federal law — will be considered only if and only after the judge finds that there was indeed the substantial evidence required to authorize the City to ban coal under the terms of its contract with Tagami.

When you come to court, please wear a red No Coal in Oakland t-shirt if you have one; otherwise, any red shirt will signal to the court where you stand. Dozens wore NCIO t-shirts at this past week’s hearing, so Judge Vince Chhabria and the attorneys on both sides recognized how seriously Oakland is taking the decisions before the court.

Any changes to the trial schedule will be posted on the No Coal in Oakland Events Calendar — judges sometimes need to juggle their calendars, so please check for updates before heading to San Francisco! We intend to update the Events Calendar by 5pm the day before any court date for which there is a change or cancelation, but if you check after 8pm you are virtually certain to see any new information.

Location: Philip Burton Federal Building / 450 Golden Gate Avenue (between Larkin and Polk) / San Francisco. The closest BART station is Civic Center. To enter the building you will need to go through a metal detector (airport style security, no boarding pass required). The trial will take place in Judge Chhabria’s courtroom on the 17th floor.

No Coal in Oakland encourages all supporters to respect courtroom decorum: our red shirts will convey our message clearly. Cell phones that go off during the hearing may be confiscated.  To get into the courthouse, you need to bring government-issued picture ID.

We’ll see you in court!

ABOUT NO COAL IN OAKLAND

No Coal in Oakland is a grassroots organization founded by the Oakland Fossil Fuel Resistance in 2015 to fight an attempt by local developer Phil Tagami and Kentucky coal company Bowie Resource Partners to convert a corner of the former Oakland Army Base into the largest coal export facility in the Western United States. For the latest information and news of upcoming events, check out our website at nocoalinoakland.org or come to one of our open community meetings.

Check NCIO Events Calendar for court dates
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