Calblog

California Coastal Commission Can of Worms

A new case out of the Third Appellate District of California held that the Califonria Coastal Commission has no power to act! Marine Forests Society v. California Coastal Commission can be found here. In simplistic terms, the California Coastal Commission approves uses for the coast, not an insignificant role in this state.

The court ruled that the Commission is an executive branch commission and the appointment and possible removal of 2/3 of its members by the legislative branch is a violation of the separation of powers. However, it made it clear that Marine Forests made the objection timely and past actions are not invalidated.

One of two things should happen now: the Supreme Court reviews the case and reverses it or, more likely, the Commission is reformed so appointments stay in the executive branch. You have to wonder whether a new commission would rule differently for Marine Forests.

What about those previous plaintiffs. Do they sue their attorneys for malpractice for not thinking of such an argument? Unlikely, since malpractice requires failing below the generally prevailing standard of competency, not failing to think up a darn good argument that was not out there before.