Judge dismisses lawsuit against Oakland A’s Howard Terminal project, but opening date has ‘obviously slipped’
The Oakland A’s cleared a legal hurdle Wednesday in their quest for a ballpark at Howard Terminal, but the lawsuit dismissed by the Alameda County Superior Court further delayed the team’s target date to open the stadium.
“We were going to try to open by 2023. That’s obviously slipped,” A’s president Dave Kaval said in a phone conversation Wednesday. “How far it slipped, I can’t answer that. I don’t know yet. It depends on if the city can even get this to a vote this year. It depends on the other priorities the city council might have.”
The Pacific Merchant Shipping Association, the Harbor Trucking Association, the California Trucking Association and Schnitzer Steel Industries, Inc. filed the lawsuit last March. The lawsuit asserted the A’s were not qualified to be certified under California’s AB 734 — a 2018 law that would expedite any legal challenge against the A’s over environmental concerns — because the organization didn’t meet the Jan. 1, 2020 deadline for consideration.
The lawsuit directly opposed the A’s application to Gov. Gavin Newsom’s Office of Planning and Research for expedited environmental review certification. In the dismissal, obtained by this news organization, Judge Noel Wise determined that Jan. 1 deadline did not apply to the A’s or the Howard Terminal project and that the deadline was repealed effective Jan. 1, 2021:
“…It would be a perverse outcome if the Howard Terminal Project could not advance pursuant to a valid and operable statute because that statute includes a reference to the potential application of the guidelines for another statute that is no longer in effect.”
So, Kaval and the A’s can move forward. But even if the case went their way, the damage was done. A year sorting through this lawsuit tightens the project’s already-ambitious timeline.
“This was completely a 100% roadblock,” Kaval said. “We are concerned about the timeline and pace of progress because of COVID and the lawsuit. It’s great that we’re off the lawsuit and we’re moving forward. But you know, I think the timelines nonetheless are one of the biggest challenges that we face with the project right now.”
What’s next? The future of the proposed Port of Oakland ballpark is still in the hands of the local government and community. The lawsuit delayed progress of the Environmental Impact Report, which is subject to public response before the Oakland City Council votes. The city can put the EIR up for public comment starting this week, but priorities are shifted heavily toward managing the pandemic.
If and when the EIR clears, the A’s can put shovels in the ground. But the council vote is a substantial hurdle.
While the project was stalled by the stalemate, former A’s pitcher Dave Stewart submitted a $115 million bid to buy the remaining half of the Coliseum site from the city of Oakland. The A’s already purchased half from Alameda County for $85 million earlier this year.
If it’s full steam ahead on the Howard Terminal ballpark, the margin for error is slimmer than ever. The organization’s lease with the Oakland Coliseum ends in 2024 and now there’s no promise of where the team’s next home will be.
“These processes can be elongated and run into legal challenges. We’ve already faced one,” Kaval said. “We need to take advantage of the fact that we won this keep the momentum going.”
Reporter Annie Sciacca contributed to this story.