https://www.youtube.com/watch?v=kmpSSidlSkI
Howard Terminal Lawsuit Update: Mike Jacob Says CEQA Lawsuit Can’t Be Countersued – Here’s A Catch
– video made by the YouTube channel with the logo in the video’s upper left hand corner Zennie62 Oakland News Now Daily Commentary Live. OaklandNewsNow.com is the original blog post for this type of video-blog content.
Some Oakland A’s Fans have expressed the idea that the lawsuit filed by Oakland maritime interests can be countersued. Here’s Mike Jacob, talking in my hour-and-a-half long interview with him on the lawsuit he filed on behalf of Oakland maritime businesses, explains why the very nature of a CEQA court challenge is such that counter-lawsuits are impossible.
I happened to type in Google “Why CEQA Lawsuits can’t be countersued” and found a post as the top result with the title “CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution”.
The post that was written by a publication called “CEQA Chronicles” and by By Christian L. Marsh and Madeline R. Weissman on May 21, 2021, explains as that in two case examples – Jan Dunning et al. v. Kevin K. Johnson, APLC et al., and Clews Land and Livestock LLC et al. v. City of San Diego (2017) 19 Cal.App.5th 161 – the plaintiffs lost in court on grounds that their arguments were meritless. The defendants then did countersue, but only after a process which saw them prevail in court over the plaintiffs. See: https://www.ceqachronicles.com/2021/05/ceqa-plaintiffs-beware-meritless-lawsuits-may-be-subject-to-counter-claims-for-malicious-prosecution/
Here’s where Mike Jacob comes out clean: AB734 Bonta gives his clients as the Pacific Maritime Shipping Association lawyer the legal runway to file a lawsuit the court would not toss out as meritless. The law is called “AB-734 California Environmental Quality Act: Oakland Sports and Mixed-Use Project” and says “CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. CEQA requires a court to make specified orders if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA.”
That’s what the PMSA lawsuit is about, and since it points to AB734 Bonta as its basis, and has sound arguments against the Howard Terminal EIR, the court will not say the lawsuit is without merit. That does not mean the lawsuit will prevail in court, but the chances are good that it will. Also, AB734 Bonta gives a 270-day, or 9 month, window to resolution, which means the City and the A’s can’t argue that they’re trying to slow down the process and drag it out over years.
Indeed, I can make the argument that the City of Oakland’s own lack of proper project management was the culprit in the discussion of why the Howard Terminal Ballpark District Project has taken so long to get to the ground-breaking date.
See: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB734
Stay tuned.
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