Coastal Commission’s fate in the balance
California Supreme Court decides, 7 to 0, to hear significant case on constitutionality of Coastal Commission; fate of new Malibu Local Coastal Plan may hang on the answer.
By Arnold G. York/Publisher
The California Supreme Court last week unanimously decided to hear the case in which previously a Superior Court judge and later, an appeals court, had decided the Coastal Commission was unconstitutional-Marine Forests Society versus California Coastal Commission.
After the appellate court decision, which ruled how the Coastal Commissioners are appointed and serve as unconstitutional, Gov. Grey Davis and the state Legislature swung into action and quickly tried a simple fix. They passed a new law, which gives all legislatively appointed commissioners a staggered, fixed four-year term, which meant they could no longer be removed at the will of the leader of the Assembly or Senate who had made the appointments. Critics charge the new appointments may not fix the problem because legislators still have the right to appoint eight out of the 12 members. They say the commission is essentially an executive agency, which makes it unconstitutional.
In accepting the case last week, the California Supreme Court indicated it was going to deal with the entire question head-on. Not only was it going to hear the question of the constitutionality of the Coastal Commission, but it went further and asked all parties to address the question as to whether the fix the Legislature proposed to solve the problem went far enough to meet constitutional objections. Lastly, the justices said they would also decide whether the 100,000 or so coastal decisions over the years-granting and denying permits-were valid.
The unusual decision by the justices to inform the parties in advance of what their intentions are in looking at this case has sent shivers through the property rights and environmental activists, as well as the many localities and individual property owners whose projects are presently in limbo.
Malibu will be heavily affected by whatever decision the Supreme Court makes because the question of the validity of the new Malibu Local Coastal Plan (LCP), passed by the Coastal Commission in September 2002 over the city’s significant objections, is scheduled for a hearing in early May.
At this hearing, in a lawsuit being heard in West L.A., Los Angles Superior Court Judge Goodman may decide the validity of the Malibu LCP, and also the status of the Malibu citizens’ 2,600-signature ballot initiative. The initiative challenges the LCP and demands it be put before voters of Malibu, which the Coastal Commission strenuously opposes. The judge had delayed making a decision to see if the California Supreme Court would take the case.
In the meantime, many applications for coastal permits in Malibu are on hold. The Coastal Commission refuses to hear the permit cases because it claims Malibu now has an LCP and therefore it is the city that must hear the applications for coastal permits. The city counters that first, it’s questionable if the Coastal Commission is acting in a constitutional manner, and second, that the citizen referendum on the LCP prevents the city from acting until the matter is decided at the polls.