Government,
Environmental & Energy,
9th U.S. Circuit Court of Appeals
May 27, 2020
Oakland loses appeal in its bid to block coal from cargo shipping terminal
The 9th Circuit panel affirmed U.S. District Judge Vince Chhabria’s decision the city violated its contract with a developer that created a bulk cargo shipping terminal on the site of a shuttered U.S. Army base near San Francisco Bay after learning coal would be transported there.
The city of Oakland lost an appeal in its attempt to bar coal from its shipyard in a divided 9th U.S. Circuit Court of Appeals panel ruling Tuesday.
The panel affirmed U.S. District Judge Vince Chhabria's decision the city violated its contract with a developer that created a bulk cargo shipping terminal on the site of a shuttered U.S. Army base near San Francisco Bay a...
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Contracts
Oakland Bulk & Oversized Terminal LLC v. City of Oakland
City was in breach of contract because it lacked substantial evidence that proposed coal operations posed substantial health or safety danger.