For Immediate Release
March 1, 2001

The Port of Oakland filed a motion today to intervene in a lawsuit brought against three federal agencies. The lawsuit challenges the Oakland Harbor Deepening Project and the Berths 55-58 Project. The suit was filed by the Center for Marine Conservation and the San Francisco Bay Keeper. It alleges that the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service did not sufficiently address the possibility that the projects might allow non-native species to enter San Francisco Bay through ballast water discharges.

"The Port of Oakland has been at the forefront of the effort to address ballast water issues at the state and national level; and we are pleased with the progress made to date," stated Chuck Foster, Executive Director of the Port of Oakland. Foster added, "The Port will continue its leadership role in this area, based on the Port's commitment to being a responsible partner in the stewardship of the bay."

The State Lands Commission was delegated by the state legislature to take the lead role in enforcing the State of California's new mandatory ballast water regulations. These new regulations were adopted with the active involvement of the Port of Oakland.

In addition, the Port recently gave a $150,000 grant to the California State Lands Commission to enhance an on-board experimental ballast water treatment study. "California is helping lead the way on this issue. The Port of Oakland has taken a significant and greatly appreciated step and is to be congratulated," stated Maurya Falkner, Environmental Specialist for the Marine Facilities Division of the California State Lands Commission, in reference to the grant. Falkner added, "The Port of Oakland is now an important part of this research to help identify alternative treatment technologies that will reduce and/or prevent new introductions from ballast water discharges." The State Lands Commission has not taken a position on the lawsuit or the Port of Oakland's motion to intervene.

It is disappointing that this lawsuit comes more than two years after the plaintiffs had first asserted that they would sue to stop the channel-deepening project. This issue also arises more than a year after the Corps of Engineers and the Fish and Wildlife and National Marine Fisheries Services had signed off on the projects.

The lawsuit comes when the Port of Oakland's marine terminal expansion project is approximately half constructed and the Port and the federal government have spent tens of millions of dollars to design the channel-deepening project, which includes a prominent shallow-water habitat restoration project in San Francisco Bay.

"There will always be critics who subscribe to the myth that any kind of growth is bad," commented David Kramer, President of the Port of Oakland Board of Port Commissioners. Kramer said, "The Port of Oakland has demonstrated that its maritime expansion projects will result in numerous benefits to our region, including more jobs and a better economy. The Port's giant new cranes are a symbol of how bigger will be better not only economically, but also environmentally. The larger cranes along with expanded facilities and deeper channels, will enable newer, bigger ships to call at the Port. The newer generation container ships discharge significantly less ballast water than the older ones."

"Deepening the Oakland Harbor federal channels and Port-maintained berths to -50 feet is essential to accommodate the newest generation of deep-draft container ships," stated Ray Boyle, Director of Maritime at the Port. Boyle commented, "The Port of Oakland will continue in its endeavor toward minimizing non-native species in the bay and will seek prompt completion of its maritime projects."

Contact:
Harold Jones
Communications Director
(510) 627-1564
hjones@portoakland.com

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