Calif. Cities Want 9th. Circ. To Rehear Coal Ban Suit
Law360 (July 20, 2020, 7:15 PM EDT) -- The Ninth Circuit wrongly said Oakland, California, can't ban a cargo shipping terminal developer's proposed coal operation based on health and safety concerns and should either rehear the matter or let the state Supreme Court weigh in, an association of cities has argued.
The League of California Cities and a local park district said the appeals court's decision upholding a lower court's ruling in favor of the coal developer deprived cities of the power to set rules to protect their citizens, according to an amicus brief in support of rehearing or certification filed Friday. Another filing by a coalition of environmental...
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