{"id":487416,"date":"2026-10-06T23:40:08","date_gmt":"2026-10-06T23:40:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/487416\/"},"modified":"2026-10-06T23:40:08","modified_gmt":"2026-10-06T23:40:08","slug":"coal-companys-1-billion-lawsuit-tossed-out-against-oakland-tossed-out-2","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/487416\/","title":{"rendered":"Coal company\u2019s $1 billion lawsuit tossed out against Oakland tossed out"},"content":{"rendered":"<p>Dual efforts to establish the largest coal terminal on the West Coast in Oakland suffered major setbacks recently, undermining the Trump administration\u2019s desire to revitalize America\u2019s declining coal industry.<\/p>\n<p>A $1 billion lawsuit against the city of Oakland by coal company Insight Terminal Solutions was dismissed on Sept. 30 by a Kentucky judge for lacking jurisdiction. Later that day, California Gov. Gavin Newsom signed a bill requiring full environmental review for all new coal facilities.<\/p>\n<p>\u201cWest Oakland will not become a sacrifice zone for the fossil fuel industry,\u201d said Veronica Eady, executive director of the West Oakland Environmental Indicators Project.<\/p>\n<p>Groups like No Coal in Oakland and the Sierra Club\u2019s Beyond Coal campaign have organized to pass laws and regulations to <a href=\"https:\/\/www.eastbaytimes.com\/2026\/08\/14\/opinion-california-must-protect-west-oakland-from-trumps-toxic-coal-terminal\/\" rel=\"nofollow noopener\" target=\"_blank\">mitigate industrial pollution in West Oakland.<\/a> The city banned the storage and handling of coal in 2016.<\/p>\n<p>Since at least 2015, Oakland developer <a href=\"https:\/\/www.eastbaytimes.com\/2015\/09\/25\/phil-tagami-unapologetic-for-former-no-coal-promise\/\" rel=\"nofollow noopener\" target=\"_blank\">Phil Tagami has sought to export coal<\/a> out of the West Gateway terminal at a former U.S. Army base as part of his business Oakland Bulk and Oversized Terminal.<\/p>\n<p>Tagami had contracted with Insight Terminal Solutions, a Kentucky-based coal company, to fund and build out a rail and terminal to ship millions of tons of coal from interior states like Utah and Wyoming to overseas markets. After the city\u2019s ban, he sued the city.<\/p>\n<p>\u201cRestricting any commodity on political grounds puts a cloud of uncertainty over the entire project going forward.\u00a0 What will be the next commodity to which the Council objects?\u201d Tagami <a href=\"https:\/\/nocoalinoakland.info\/wp-content\/uploads\/2016\/12\/OBOT-Press-Release-Re-Lawsuit.pdf\" rel=\"nofollow noopener\" target=\"_blank\">said in a statement<\/a> in December 2016.<\/p>\n<p>Insight Terminal Solutions filed for Chapter 11 bankruptcy in 2019, allowing the business to reorganize its assets and avoid closure. After restructuring, new leadership <a href=\"https:\/\/www.businesswire.com\/news\/home\/20230504005449\/en\/Insight-Terminal-Solutions-LLC-Issues-Open-Letter-to-Citizens-of-Oakland-California\" rel=\"nofollow noopener\" target=\"_blank\">attempted to save the Oakland terminal deal<\/a> in 2023, proposing self-imposed penalties of $5 million per train car of coal to Oakland if ever loaded, but the city refused.<\/p>\n<p>Insight Terminal Solutions appeared to be gaining steam in its legal dispute against Oakland.<\/p>\n<p>The company filed a new lawsuit on March 11, 2024, alleging the city had interfered with obtaining permits to construct a proposed rail to the shipping terminal.<\/p>\n<p>Western District of Kentucky Judge Joan Lloyd ruled in October 2025 that Oakland may be held liable for obstructing Insight Terminal Solutions from building. The company sought <a href=\"https:\/\/nocoalinoakland.info\/forum-shopped-judge-issues-ruling-in-kentucky-judicial-review-to-follow\/\" rel=\"nofollow noopener\" target=\"_blank\">$673 million in total damages<\/a> \u2013 the price of the sublease for the property.<\/p>\n<p>During a White House meeting with fossil fuel executives in June, President Donald Trump announced a <a href=\"https:\/\/www.eastbaytimes.com\/2026\/06\/04\/oakland-coal-trump\/\" rel=\"nofollow noopener\" target=\"_blank\">$75 million investment<\/a> \u2013 roughly 25% of the total construction cost \u2013 toward Oakland\u2019s coal terminal to ship 12 million tons of \u201cclean, beautiful\u201d coal to countries overseas, as part of his broader energy agenda to <a href=\"https:\/\/www.eia.gov\/todayinenergy\/detail.php?id=64924\" rel=\"nofollow noopener\" target=\"_blank\">enhance coal production<\/a> after it had hit record lows in recent years in the U.S., according to the U.S. Energy Information Administration.<\/p>\n<p>The latest ruling by Kentucky Judge Benjamin Beaton, however, found the court\u2019s proceedings were out of jurisdiction in the Western District of Kentucky.<\/p>\n<p>\u201cITS\u2019s decision to file an adversary proceeding in Kentucky, rather than to sue in the California courts, carries at least a whiff of forum shopping,\u201d Beaton said in his order of dismissal.<\/p>\n<p>The ruling immediately eliminates the risk of monetary penalty to the city of Oakland. Because the case was dismissed without prejudice, the ruling can be appealed to the Sixth Circuit court or it may be refiled in California, \u201cbut neither approach appears likely to lead to a favorable outcome,\u201d according to No Coal in Oakland.<\/p>\n<p>Complicating matters further, Newsom\u2019s recent <a href=\"https:\/\/legiscan.com\/CA\/text\/AB40\/id\/3448486\" rel=\"nofollow noopener\" target=\"_blank\">signing of Assembly Bill 40<\/a> stipulates that all new coal processing, shipping and exporting facilities in the state need a full Environmental Impact Report as defined under the California Environmental Quality Act.<\/p>\n<p>Eady said the victories are a sign that the environmental movement in West Oakland is not going backwards.<\/p>\n<p>\u201cOur neighbors have fought against industrial pollution and corporate greed for decades,\u201d Eady said. \u201cSo we\u2019re not about to let a major polluter come into our neighborhood without studying their impact, putting mitigations in place, and bringing community members to the table around decisions that affect their lives.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Dual efforts to establish the largest coal terminal on the West Coast in Oakland suffered major setbacks recently,&hellip;\n","protected":false},"author":2,"featured_media":487417,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34],"tags":[389,184,7,332,643,1533,181,100,143,145,144,182,6827],"class_list":["post-487416","post","type-post","status-publish","format-standard","has-post-thumbnail","category-oakland","tag-alameda-county","tag-bay-area","tag-california","tag-east-bay","tag-environment","tag-keywee","tag-latest-headlines","tag-news","tag-oakland","tag-oakland-headlines","tag-oakland-news","tag-pm-report","tag-port-of-oakland"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/487416","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=487416"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/487416\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/487417"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=487416"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=487416"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=487416"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}