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News from:
City Attorney Barbara J. Parker

January 30, 2017

Statement from City Attorney Barbara J. Parker on City's Motion to Dismiss in the case OBOT v. City of Oakland

"Oakland’s ordinance and resolution prohibiting the handling and storage of coal and coke at the proposed terminal are a lawful exercise of the City’s police powers to protect public health and safety.  The City clearly has the power and the responsibility to enact protections when our residents’ health and safety are threatened.

On Monday, January 30 we filed our first response to the federal lawsuit.  Our motion asks the Court to dismiss the claim that the City’s action breached the Development Agreement (“DA”).  The City could not and did not breach the DA because the DA does not give the plaintiff the right to store or handle coal or coke.  Subsequent filings will address the plaintiff’s other claims that the City’s Ordinance and Resolution violate the US Constitution and are preempted by federal law."

See: Oakland's Motion to Dismiss in OBOT v. City of Oakland, U.S. District Court Case No. 3:16-cv-07014-VC

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