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  Save the Coastal Commission Posted May 15, 2001 / Updated September 6, 2001 What's Happened 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 a judge to rule that the commission is unconstitutional. Superior Court judge Charles Kobayashi ruled that because commission members are appointed by both the Governor and the Legislature, the panel violates the state's separation-of-powers doctrine.  The
Accountability of the CommissionIn the eyes of the judge, the Coastal Commission is not "accountable" (i.e. under the direct control of) to the Executive branch because the Governor does not make the majority of the appointments. The Commission is in fact governed by three appointing authorities: four 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 Court Case The ruling came as part of a court case filed by an individual in Newport Beach 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, the individual 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. After Zumbrun's first lawsuit in the case was dismissed, he filed a second suit which was assigned to a different judge — the only one that accepted his argument. This issue is not about the constitutionality of the Commission. It is the latest in the ongoing attempt to cripple or extinguish the strongest environmental law in the state. The Fight Against the Commission Since its creation by a vote of the people in 1972, the Coastal Commision has been a strong guardian of our state's incomparable coastal resources. 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 Deukmejian's last Superior Court appointees before he left office in 1991. The stakes extend far beyond California's borders. The Commission is the only state agency empowered to review — and veto — off-shore oil drilling in federal waters. Under the Bush Administration our environment is under attack, and oil drilling is again a real possibility. California needs a strong Coastal Commission now more than ever. The Commission must be strengthened — not destroyed!  What's
Next?The state is appealing the case. The Attorney General and the Commission are both confident that their arguments will prevail in a more deliberative court, but they are taking this very seriously — as should we. In the meantime, the Commission is laboring under a cloud of uncertainty. Already in Sacramento, Republican Legislators are questioning the need to allocate funds to the Commission. It's important to let our legislators know that the Commission is a vital agency charged with the protection of some of our State's most valuable and valued resources — our oceans. What You Can Do 1. 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. Half Moon Bay Review - Fax (650) 726-7054 - hmbreview@hmbreview.com San Francisco Chronicle - Fax (415) 543-7708 - chronletters@sfgate.com San Jose Mercury News - Fax (408) 271-3792 - letters@sjmercury.com San Mateo County Times - Fax (650) 348-4446 - hangney@angnewspapers.com Country Almanac - Fax (650) 854-0677 - editor@calmanac.com Palo Alto Weekly - Fax (650) 326-3928 - letters@paweekly.com Palo Alto Daily News - Fax (650) 327-0676 - editorial@paloaltodailynews.com 2. Write to our state legislators. Let them know that we will not tolerate any compromises of coastal protection. Not sure of your district? Visit www.leginfo.ca.gov/yourleg.html and enter your zip code to find your Legislators.
State Senators for San Mateo and San Mateo Counties District 10 · Liz Figueroa District 11 · Byron Sher District 13 · John Vasconcellos District 15 · Bruce McPherson District 19 · Louis Papan District 20 · John Dutra District 21 · Joe Simitian District 22 · Elaine Alquist District 23 · Manny Diaz District 24 · Rebecca Cohn District 28 · Simon Salinas Not sure of your district? Visit www.leginfo.ca.gov/yourleg.html and enter your zip code to find your Legislators. |
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