.Ten years of fighting coal

The decade-long twists and turns of the battle over a proposed Oakland coal terminal are not over yet.

In March, 86 organizations and nearly 1,000 individuals sent an “open letter” to Los Angeles hedge fund owner Jon Brooks, urging him to make an “irrevocable commitment” not to build an Oakland coal terminal. Four years ago, Brooks’ hedge fund loaned $7.1 million to a coal company executive working with local developer Phil Tagami. That executive has since died, the company went bankrupt, and Brooks took possession of both the company and its contested right to ship coal through Oakland.

San Francisco Baykeeper is one of the anti-coal coalition partners. Staff attorney Ben Eichenberg said allowing coal to be shipped through Oakland would be destructive to the Bay, as coal residue is dumped into waters surrounding port terminals. There is also the effect of “fugitive dust” as coal cannot be shipped in covered train cars (see EBX, “Dust Proof,” July 12, 2023, eastbayexpress.com/dust-proof/).

Longtime Oakland resident and board president of 350 Bay Area John Lucero Fleck said his organization co-signed the letter to Brooks because “he does not have a long history of being tied in with coal.” Multiple things other than coal could be shipped through an Oakland terminal, he said, that would not have the same devastating environmental effects.

But the court battles continue. In Oakland on April 29, grassroots organization No Coal in Oakland (NCIO) reported, “a three-judge panel of the California Court of Appeal heard oral argument on the City’s appeal from a 2024 court decision that would give developer Phil Tagami and his associates another two-and-a-half years to get construction of a marine export terminal underway on the West Oakland waterfront. The court has until July 28 to issue its decision.”

In Kentucky, in November, a judge allowed Brooks’ Insight Terminal Solutions to proceed with a $1 billion lawsuit against the City of Oakland, termed by NCIO a “frivolous lawsuit.” The city is now trying to have the case removed from Kentucky bankruptcy court and sent to the U.S. District Court for the Northern District of California.

NCIO organizer Ted Franklin, who has been with the group since 2015, is a former practicing attorney. He noted that even if the court rules against the city in the current appeal, more litigation to stop coal will ensue. “It will not be the end of the fight,” he said. He also suggested that, rather than actually pursuing building the terminal and shipping coal through it, developers are now simply trying to put the city on the hook for as much money as possible in “damages,” despite an earlier judgement denying a claim for $159.6 million.

The community, he said, is united in efforts to stop coal shipments. The open letter to Brooks quotes opponents such as Martha Kuhl—nurse, former treasurer of the California Nurses Association and current first vice president of the Alameda Labor Council—who said:  “As a pediatric nurse for over 40 years I strongly oppose coal exports through Oakland. Trains carrying coal would endanger the health of children and families and the entire community.”

The current American president has signed four executive orders aimed at reviving the dying American coal industry. At a photo op on April 8, standing in front of coal workers in hard hats, he pledged support for “beautiful clean coal.”

But industry facts show that although coal once provided half of U.S. electricity production, its share dropped to 16% in 2023. Cheaper natural gas now provides 43% of U.S. electricity, supplemented by growing contributions from wind, solar, hydropower and nuclear energy. (Source: AP)

All those interviewed agreed that Oakland and East Bay residents can show their support for stopping coal in various ways. “Reach out to your elected officials, such as city council members, and tell them to continue fighting the coal terminal,” Eichenberg said.

Fleck noted that his organization has many opportunities for involvement, including 350 East Bay, which monitors the current climate action plan, and 350 Action, the political arm, which meets with city council members and encourages constituents to attend and voice their concerns.

NCIO welcomes additional supporters, Franklin said, and not all methods of helping demand attending in-person protests.

Recently elected Oakland Mayor Barbara Lee wrote in a statement to NCIO during her campaign: “I strongly support Oakland’s ban on coal and will continue to fight against any attempts to bring coal shipments through our city. Instead of harmful fossil fuel projects, we should be investing in clean energy infrastructure, creating good union jobs in renewable industries, and protecting public health. As Mayor, I will work alongside community organizations, environmental advocates, and labor to ensure Oakland remains coal-free and moves towards a healthier, more sustainable future.”