Calif. City's Coal Storage Ban Called Unconstitutional

Law360 (March 5, 2020, 6:28 PM EST) -- A Bay Area city's ordinance banning the storage and handling of coal and petroleum coke in its jurisdiction violates the U.S. and California constitutions, coal mining and transport companies said in lawsuits filed Wednesday.

The companies say the ordinance passed by the Richmond, California, City Council in January "unduly burdens interstate and foreign commerce." The council said it passed the ordinance because the health of some community members is at risk from air pollution from uncovered coal and petroleum coke piles at a port and railway terminal.

Levin Enterprises Inc. subsidiaries Levin Richmond Terminal Corp. and Richmond Pacific Railroad Corp. operate...

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