• Outdoors Outdoors

Officials issue nearly $1 million fine after couple cuts down 38 trees

"When violations, particularly in egregious cases like this, go unpenalized, it sends a clear message that compliance is optional."

A green hill with houses.

Photo Credit: iStock

Officials have handed down a striking penalty after a couple allegedly cut down dozens of protected trees on a North Oakland hillside lot, sending a blunt message about what can happen when private development clashes with environmental protections.

According to the Associated Press, on Tuesday, the Oakland City Council approved a $915,135 fine against Emeryville residents Matthew Bernard and Lynn Warner after 38 trees were removed in violation of the city's Protected Trees Ordinance.

The penalty may be the largest Oakland has ever issued for tree destruction, underscoring how seriously city leaders viewed the case.

"This is not simply an environmental issue," said Arash Daneshzadeh, director of programs at the Oakland Parks and Recreation Foundation, per the AP. "It's a civic, public safety, and equity issue. When violations, particularly in egregious cases like this, go unpenalized, it sends a clear message that compliance is optional."

The dispute centers on a parcel behind the Claremont Hotel and Club that Bernard and Warner purchased in 2019.

According to city staff, the couple began removing trees in 2021 without permits while preparing to build a single-family home. The felled trees reportedly included native live oaks, broad-leaf maples, buckeyes, and other protected species.

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City officials said Bernard was repeatedly warned about permit requirements, but continued cutting trees anyway.

Some of the trees were allegedly located on neighboring properties, according to the city.

After Oakland issued a notice of violation last year, staff assessed the value of each tree, with estimates ranging from $750 for a small plum tree to $95,000 for a mature coast live oak.

Bernard and Warner challenged the penalty and requested a public hearing before the council.

Bernard argued that he had tried to follow the city's process in good faith and disputed the number of trees removed, saying some had already fallen, were dead, or were diseased. He asked officials to waive the fine and instead allow the couple to replant trees after construction.

The council had previously failed twice to resolve the issue, first in December and again in April.

Ahead of this week's vote, environmental advocates flooded officials with messages urging them to uphold the penalties.

"Are we going to enforce the laws? Do they mean anything?" asked Councilmember Kevin Jenkins, per the AP.

The implications of the case extend far beyond a single hillside lot. City staff noted that the lost trees provided critical ecosystem benefits, including supporting biodiversity, filtering air, and promoting mental well-being.

For residents, those benefits translate into safer neighborhoods, healthier surroundings, and stronger protection against climate-related stress. When mature trees disappear, communities lose more than shade — they lose natural infrastructure that was already working for free.

Ultimately, a five-member majority voted to uphold the enforcement action.

"To be crystal clear to anyone who wants to come into our city and trash our city, and violate our laws, and think you can get away with it: … You are going to be fined," said councilmember Janani Ramachandran, per the AP.

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