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For Immediate Release
August 16, 2002
OAKLAND, Calif (August 15, 2002) - On August
12, the Federal District Court in Oakland delivered a decision favorable
to federal agencies and the Port of Oakland in the lawsuit brought
by the San Francisco Baykeeper and Center for Marine Conservation
contesting the Berths 55-59 Project and the 50 Foot Dredging Project.
The Port of Oakland was not a defendant in this case, but submitted
an amicus brief in support of the federal agency defendants.
"This decision not only attests to the quality and thoroughness
of the environmental analyses on these projects, it clears the
path for us to continue to move forward on these significant port
plans," stated Thomas Clark with the Port Attorney's Office.
"Deepening the Oakland Harbor and our new berths, the addition
of eight new giant cranes this spring, and the completion of our
new near-dock rail facility, will allow us to handle the newest
generation container ships," said Port of Oakland Executive
Director Tay Yoshitani. "These improvements set the stage
for the Port of Oakland to remain one of the leading international
gateways in the U.S.," added Yoshitani.
The two environmental groups had claimed that the Corps of Engineers,
the Fish and Wildlife Service and the National Marine Fisheries
Service had not adequately studied the invasive species risks
from ballast water discharges in the Bay in connection with the
harbor deepening and berth projects. The decision by Federal Court
Judge Claudia Wilken rejected all of the environmental groups'
arguments, finding that the federal agencies, with the Port's
help, had completed just the sort of analysis required by federal
law.
Judge Wilken upheld the federal agencies' determination that
the two port projects, together with the mitigation provided by
the Port of Oakland, will very significantly decrease the potential
risk of new invasive species due to ballast water discharges in
the Bay.
"Judge Wilken's 47-page decision highlights the fact that
the federal agencies had fully complied with the reporting requirements
of NEPA (National Environmental Policy Act) and the provisions
of the Endangered Species Act," said Port of Oakland Environmental
Planner Jody Zaitlin.
Judge Wilken upheld the agencies' actions on all counts, and
ordered that the lawsuit "be dismissed on the merits."
Her decision is a complete victory for the federal agencies and
the Port of Oakland.
Contact:
Marilyn Sandifur
Media and Public Relations Manager
(510) 627-1193
msandifur@portoakland.com
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