CGF: News: Court Ruling Threatens Coastal Commission

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Court Ruling Threatens Coastal Commission
by Kathy Switky

The California Coastal Commission, established by the voters in 1972 to protect our coastline, is under attack. One of the Commission's oldest antagonists has finally found an ally in Superior Court judge Charles Kobayashi, who ruled that because Commission members are appointed by both the Governor and the Legislature, the panel violates the state's separation-of-powers doctrine.

In the eyes of the judge, the Coastal Commission is not "accountable to" (under the direct control of) the Executive Branch because the Governor does not make the majority of the appointments. In fact, the Commission's accountability comes from this very structure. The agency is governed by three appointing authorities: four Commissioners are appointed by the Assembly Speaker, four by the Senate Rules Committee, and four by the Governor. It is precisely this separation of appointments that provides checks and balances. In addition, virtually all Commission decisions are subject to full judicial review.

The ruling came as part of a court case filed by a Newport Beach resident who illegally dumped tires, plastic, concrete and other materials into the ocean, claiming that he sought to create artificial reefs — but without the coastal development permit required by the Coastal Commission. When the Commission filed a cease-and-desist order and ordered him to remove his garbage, he sued the Coastal Commission.

He hired as his attorney long-time Commission foe Ron Zumbrun of the Pacific Legal Foundation, which has been making the separation-of-powers argument against the Commission for more than a decade. This issue is not about the constitutionality of the Commission — it is the latest in the ongoing attempt to cripple the strongest environmental law in the state.

Anti-environmental forces — including former Governor Deukmejian — have tried for decades to eradicate or weaken the Commission. The judge making the April ruling was one of the last appointments Deukmejian made before he left office in 1991.

What you can do
The state is appealing the case. Both the Attorney General and the Coastal Commission, while they are confident that their arguments will prevail in a more deliberative court, are taking this very seriously, as should we.

Write letters to the editor and op-ed pieces. It's important to let fellow citizens know that the existing appointment structure is crucial to the independence of our Coastal Commission.

Write to our state legislators. Let the Governor, Attorney General, and State Senators and Assembly Members know that we will not tolerate any compromises of coastal protection. To find your legislators' names and addresses, visit www.leginfo.ca.gov/yourleg.html .

Save the Coastal Commission!
Since its creation by a vote of the people in 1972, the Coastal Commission has been a strong guardian of our state's incomparable coastal resources.

We must let our legislators know that the Commission is a vital agency charged with the protection of one of our State's most valuable and valued resources. The stakes extend far beyond California's borders: the Commission is the only state agency empowered to review — and veto — offshore oil drilling in federal waters. Under the Bush Administration, oil drilling is again a real possibility.

California needs a strong Coastal Commission now more than ever. The Commission must be preserved and strengthened, not destroyed!

Published August 2001 in Green Footnotes.
Page last updated September 3, 2001.

Photos 1&2 by Charles Webber / California Academy of Sciences.


	News Subscribe to Our Newsletter Sign up for Email Updates CGF In the News Press Inquiries Past Articles Calendar			Court Ruling Threatens Coastal Commission by Kathy Switky The California Coastal Commission, established by the voters in 1972 to protect our coastline, is under attack. One of the Commission's oldest antagonists has finally found an ally in Superior Court judge Charles Kobayashi, who ruled that because Commission members are appointed by both the Governor and the Legislature, the panel violates the state's separation-of-powers doctrine. In the eyes of the judge, the Coastal Commission is not "accountable to" (under the direct control of) the Executive Branch because the Governor does not make the majority of the appointments. In fact, the Commission's accountability comes from this very structure. The agency is governed by three appointing authorities: four Commissioners are appointed by the Assembly Speaker, four by the Senate Rules Committee, and four by the Governor. It is precisely this separation of appointments that provides checks and balances. In addition, virtually all Commission decisions are subject to full judicial review. The ruling came as part of a court case filed by a Newport Beach resident who illegally dumped tires, plastic, concrete and other materials into the ocean, claiming that he sought to create artificial reefs — but without the coastal development permit required by the Coastal Commission. When the Commission filed a cease-and-desist order and ordered him to remove his garbage, he sued the Coastal Commission. He hired as his attorney long-time Commission foe Ron Zumbrun of the Pacific Legal Foundation, which has been making the separation-of-powers argument against the Commission for more than a decade. This issue is not about the constitutionality of the Commission — it is the latest in the ongoing attempt to cripple the strongest environmental law in the state. Anti-environmental forces — including former Governor Deukmejian — have tried for decades to eradicate or weaken the Commission. The judge making the April ruling was one of the last appointments Deukmejian made before he left office in 1991. What you can do The state is appealing the case. Both the Attorney General and the Coastal Commission, while they are confident that their arguments will prevail in a more deliberative court, are taking this very seriously, as should we. Write letters to the editor and op-ed pieces. It's important to let fellow citizens know that the existing appointment structure is crucial to the independence of our Coastal Commission. Write to our state legislators. Let the Governor, Attorney General, and State Senators and Assembly Members know that we will not tolerate any compromises of coastal protection. To find your legislators' names and addresses, visit www.leginfo.ca.gov/yourleg.html . Save the Coastal Commission! Since its creation by a vote of the people in 1972, the Coastal Commission has been a strong guardian of our state's incomparable coastal resources. We must let our legislators know that the Commission is a vital agency charged with the protection of one of our State's most valuable and valued resources. The stakes extend far beyond California's borders: the Commission is the only state agency empowered to review — and veto — offshore oil drilling in federal waters. Under the Bush Administration, oil drilling is again a real possibility. California needs a strong Coastal Commission now more than ever. The Commission must be preserved and strengthened, not destroyed! Published August 2001 in Green Footnotes. Page last updated September 3, 2001.