I was wondering when the Port private interests (PMSA, trucking and transport companies) would file their first lawsuit. They laid down the gauntlet yesterday, suing the City of Oakland to stop the CEQA streamlining process for Howard Terminal.
I expected the first lawsuit to be filed after the draft EIR was released, not before. What made the Port group fire the first shot? A technicality, of course. Governor Gavin Newsom didn’t certify the project for streamlining by the end of 2019, which opponents are seizing on as something that should disqualify the project from streamlining altogether. Absent the streamlining, the project would have to undergo the exemption-free CEQA process, dragging on potentially for years.
The A’s applied for CEQA streamlining through AB 900, which was passed nearly a decade ago. If you look at the list of projects that were certified for streamlining, you’ll see a number of high profile examples such as the Apple Campus (certified 2012) and the planned Clippers arena (certified 2019). You’ll also see a listing for Oakland Sports and Mixed-Use Project at Howard Terminal, which to date is not yet certified for streamlining. This is despite the fact that AB 734 was passed separately to help assist with the process.
A draft version of the EIR was expected to be released
at the end of 2019 in February sometime this month. (We’re past the Ides of March, as you know.) At issue were a number of environmental issues such as the project’s carbon footprint and the difficulty in getting 20% improvement over the Coliseum, a requirement that was going to be difficult to hit given the lack of transportation options at the site.
Mayor Schaaf’s office also had some feedback:
A judge will have to determine if HT qualifies regardless of the missed deadline. Maybe after that we’ll get to read the EIR. Maybe not. It can be hard to grasp how difficult a puzzle this is, and perhaps I haven’t done a good enough job spelling it out. To be honest, I’m still trying to figure it out. Perhaps if this drags all the way out and there is a groundbreaking, everyone will be able to appreciate the effort. Until then, as usual, never mistake activity for achievement.
P.S. – The Clippers and A’s were in roughly the same place process wise as the main legislative session was winding up in Sacramento last summer. Both teams got their respective bills passed. The Clips doubled down on their plans by offering to buy out their chief legal opposition, MSG, taking the Forum off MSG’s hands and building a bunch of affordable housing in the process. So far, the A’s say they want to build affordable housing too! As far as buying out opponents, we’ll see about that. Unlike Inglewood, the two sides aren’t natural competitors.
There’s a reason I consistently talk about whether or not Howard Terminal is prohibitively expensive. Getting rid of opposition is a huge factor, and the A’s have proven time and time again that they’re unwilling to pay to get rid of opponents. We may be getting to the tipping point for Howard Terminal.