The environmental group Communities for Better Environment has filed a lawsuit against the Port of Oakland, which manages the Oakland Airport, claiming the Environmental Impact Report approved the airport’s proposed terminal redevelopment fails to account for the harm the project would do to marginalized communities of East Oakland.
The lawsuit, filed Thursday in Alameda County Superior Court, alleges the port’s environmental analysis “understates the true impacts” of air quality, noise pollution and traffic on the predominantly Black and Latino community of East Oakland. CBE is asking the court for an injunction to stop the terminal redevelopment project from moving forward.
“It’s very clear in our eyes that they did not do all the things that (the California Environmental Quality Act) requires,” CBE associate attorney Sarah Chen Small said. “It’s very concerning that a project could move forward and have potential environmental impacts that have not been disclosed and haven’t been analyzed.”
CEQA requires developers to identify and disclose the potential environmental impacts of proposed projects — including water and air quality, noise and light pollution, and more — through an Environmental Impact Report. The port’s commissioners unanimously approved the final EIR on Nov. 21 to send the proposal for a federal review.
Port officials plan to build a new, modern terminal to replace the aging infrastructure of Terminal 1. Constructed in the 1960s, the terminal’s infrastructure is out of date with modern standards of efficiency, safety and seismic standards, they say. They also believe the replacement of the terminal is needed to accommodate the higher demand for air travel they expect at the Oakland airport — airport code OAK — over the next two decades.
“The EIR is a product of years of careful study, community outreach, and careful deliberation preceding the November vote,” Oakland Airport spokesperson Kaley Skantz said. “The project being proposed would improve passenger experience at OAK, modernize the airport’s facilities, and meet the region’s travel needs.”
CBE’s lawsuit takes particular issue with the negative impacts on air quality related to the proposed Oakland Airport development, pointing to a 63% increase in the amount of nitrogen oxide over 2019 levels cited in the Port’s final EIR. Residents near the airport experience some of the highest rates of asthma in California.
Though air quality is the primary concern for CBE, Small noted other concerns about the impacts of increased traffic and noise pollution that could negatively impact the community’s health. She linked higher noise pollution to increased rates of metabolic disorders like diabetes, cardiac disease and lower academic performance for children.
“Sometimes noise sounds like it’s just about annoyance, but it is really essential to protecting community health,” Small said. “The limited information that is supplied is already incredibly concerning and indicates really serious impacts.”