9th Circ. Won't Rethink Ax Of Oakland's Coal Shipping Ban

Law360 (August 3, 2020, 6:59 PM EDT) -- The Ninth Circuit on Monday stood by its decision that Oakland, California, cannot ban a cargo-shipping terminal developer's proposed coal operation based on health and safety concerns, rejecting rehearing bids from the city and environmental groups.

On May 26, a divided Ninth Circuit panel upheld a lower court's ruling that overturned the ban enacted by the Oakland City Council in 2016. The same split occurred on Monday in turning aside requests for panel and en banc rehearing, with U.S. Circuit Judges Carlos T. Bea and Kenneth K. Lee voting to deny rehearing and dissenter U.S. District Judge Lawrence L. Piersol voting to...

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