OAKLAND BULK & OVERSIZED TERMINAL, LLC, Plaintiff-Appellee,
v.
CITY OF OAKLAND, Defendant-Appellant, and
Sierra Club; San Francisco Baykeeper, Intervenor-Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 12, 2019 San Francisco, California.
Tamara S. Galanter and Sara A. Clark , Shute Mihaly & Weinberger LLP, San Francisco, California; Carol R. Victor , East Bay Regional Park District, Oakland, California; for Amicus Curiae East Bay Regional Park District.
Jonathan C. Evans , Center for Biological Diversity, Oakland, California, for Amici Curiae West Oakland Environmental Indicators Project, Asian Pacific Environmental Network, No Coal in Oakland, West Oakland Neighbors, Communities for a Better Environment, and Center for Biological Diversity.
James R. Williams , County Counsel; Greta S. Hansen , Chief Assistant County Counsel; Susan P. Greenberg , Deputy County Counsel; Office of the County Counsel, County of Santa Clara, San José, California; for Amicus Curiae California State Association of Counties.
Kenneth J. Rumelt , Vermont Law School, Environmental & Natural Resources Law Clinic, South Royalton, Vermont, for Amici Curiae Arthur Chen, Wendel Brunner, Wendy J. Parmet, Julia Walsh, Claire Broome, Thomas McKone, and John Swartzberg.
Kenneth B. Bley , Cox Castle & Nicholson LLP, Los Angeles, California, for Amicus Curiae California Building Industry Association.
Michael B. Kimberly and Matthew A. Waring , Mayer Brown LLP, Washington, D.C.; Katie Sweeney , National Mining Association, Washington, D.C.; Ellen Steen and Travis Cushman , American Farm Bureau Federation, Washington, D.C.; Peter C. Tolsdorf and Leland P. Frost , Manufacturers' Center for Legal Action, Washington, D.C.; Richard Moskowitz , American Fuel & Petrochemical Manufacturers, Washington, D.C.; for Amici Curiae National Mining Association, National Association of Manufacturers, American Farm Bureau Federation, and American Fuel & Petrochemical Manufacturers.
Before: Carlos T. Bea and Kenneth K. Lee, Circuit Judges, and Lawrence L. Piersol, District Judge.
OPINION
Lee, Circuit Judge:
In a bid to revitalize the site of a shuttered U.S. Army base near the bay, the City of Oakland agreed to have Oakland Bulk & Oversized Terminal, LLC ("OBOT") develop a commercial terminal there. But amid public backlash after the announcement that coal would be transported through the terminal, Oakland...
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