Environmental -- 2020



Oakland Bulk & Oversized Terminal, LLC v. City of Oakland   (9th Circuit)

Opposing local interference with energy exports

The NAM filed an amicus brief to defend energy producers against efforts by municipalities to ban energy exports from costal ports. In 2016, the city of Oakland, California, passed an ordinance that restricted the construction of a proposed new coal export terminal along the San Francisco Bay. The public explanation for the ordinance was the protection of local health and safety, but the actual rationale for the ban is the city’s ideological objection to the exportation of American coal to global markets. If allowed to stand, this action has dangerous implications for the power of individual cities to interfere with interstate and international trade. The NAM's amicus brief highlights how such restrictions can harm manufacturers and argues that this interference violates the U.S. Constitution. On May 26, 2020, the court held that city's ordinance was invalid, but declined to reach the constitutional arguments.


Related Documents:
NAM brief  (February 15, 2019)