The City of Oakland and the Athletics have been hit by a second lawsuit over their proposed $12 billion Howard Terminal ballpark and development project.
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The latest legal action was filed in Alameda Superior Court on Friday by the Union Pacific Railroad, as first reported by the San Francisco Chronicle. The lawsuit follows a similar grievance also filed last Friday by a coalition of port workers, truckers and cargo terminal operators. Both lawsuits challenge the massive plan's Environmental Impact Report, which was approved in February by the Oakland City Council.
Monday was the deadline for groups to file lawsuits challenging the project's environmental analysis.
"Union Pacific has serious safety concerns with the proposed Waterfront Ballpark District Project, and its location next to two busy rail yards and a busy passenger rail station," Robynn Tyser, spokesperson for Union Pacific, told KCBS Radio in an emailed statement. "Union Pacific believes developing the Howard Terminal site without removing rail, vehicle and pedestrian conflicts will exacerbate roadway congestion and create significant safety risks for the public and our employees. We are asking that the Oakland A's and City of Oakland go back and diligently study and implement a grade separated access plan to properly mitigate the risks."
In response to the litigations, both the city and A's defended the thoroughness of the analysis. A's President Dave Kaval staunchly criticized both lawsuits, telling the Chronicle that the current rail road situation is "completely untenable."
"One of the key parts of this project is maintaining railroad safety," Kaval said. "Our project is going to do so much to make Jack London Square safer."
"To have environmental legislation … being used by polluters to try to end our project, or basically delay it, is really just a very difficult thing to fathom and definitely frustrating from our side," Kaval told KCBS Radio last week after the initial lawsuit.
Meanwhile, Justin Berton, spokesperson for Mayor Libby Schaaf's Office, told KCBS Radio that "the litigation was expected as the parties made it clear they intended to file suit long before the EIR process was ever completed."
"The City stands by the integrity of its process and analysis culminating in the certification of the EIR by the City Council," Berton said. "As the Oakland Planning Commissioners said in their unanimous recommendation in January, this particular EIR is exceedingly rigorous, thorough, transparent, and ensures a waterfront ballpark district will be built with only the highest environmental standards."
The Chronicle reported that both the A's and city expected groups to sue. However, the judge siding with the accusers would be a massive, potentially fatal, blow to the project.
Kaval and the Athletics have maintained that the situation is "Howard Terminal or bust." The team has been openly exploring potential relocation sites in Las Vegas should the project fall apart.
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