Coastal agency loses to activist

Deirdre Newman

A local environmentalist is savoring another legal victory against

the California Coastal Commission, one that strips the state agency

of its executive and judicial powers.

On Monday, a state Court of Appeals concurred with a previous

ruling that the commission’s structure violates the separation of

powers clause in the state constitution.

The judgment is the latest triumph for Rodolphe Streichenberger,

who sued the commission in April 1997 shortly after it refused him a

permit to operate a marine habitat about 300 yards off the Balboa

Pier.

Having been declared unconstitutional, the commission is now

reduced to a legislative power to create rules consistent with the

California Coastal Act. The commission was permanently established by

the legislature in 1976 to protect the coast.

The commission has 40 days to file an appeal to the state Supreme

Court that may or may not be granted.

Ronald Zumbrun, Streichenberger’s attorney, said the judgment was

written in such a comprehensive and confident manner that, if

appealed, the Supreme Court justices may not feel compelled to review

the case.

“Before, there was a probability the court would take it up. Now

it’s a possibility,” Zumbrun said.

Shirley Dettloff, a commission member from Huntington Beach, said

the commission will decide next week whether to appeal. Dettloff

criticized the court’s decision.

“I feel that it’s certainly not a ruling I think is a good

ruling,” Dettloff said. “I feel that the commission being appointed

by three different individuals [in the legislature] makes for a very

fair and balanced commission.”

Streichenberger formed the Marine Forests Society to find

techniques and raise funds to help create large scale marine forests

“where seaweed and shellfish growing on sandy bottoms will replace

the lost marine habitats.”

His unorthodox approach included experimenting with various

materials to establish the forests. From 1993 to 1999, the society

used old tires to create more fishing grounds off Newport Beach.

The commission eventually issued a cease-and-desist order, which

sparked the running battle with Streichenberger.

Streichenberger won his first major court victory against the

commission in April 2001, when a Sacramento superior court judge

declared the agency unconstitutional. The appeals court agreed,

noting that two-thirds of the commissions’ voting members are

appointed by the legislature and answer to that body, not the

executive branch.

Streichenberger said he was pleased with the judgment.

“The coastal commission has made a great injustice to the marine

forest,” Streichenberger said. “This injustice has been stopped.”

The commission becomes the first in the state to have its powers

removed, Zumbrun said. It will now be up to local governments to

issue permits according to their coastal plans and there will be no

appeals through the commission. Appeals will now go directly to the

courts.

It’s up to the legislature to decide whether or not to restructure

the commission and place it in the executive branch, where it

belongs, Zumbrun said.

“This will reestablish the normal checks and balances that apply

to all agencies, and we feel that the problems that have been

experienced at the commission will be dramatically reduced,” Zumbrun

said.

Dettloff stressed the ruling is not the end for the commission.

“The commission will continue functioning, and I think that we, as

a commission, will look at exactly what the court has ruled and make

decisions based on the exact ruling,” Dettloff said.

“There have been times in the past where certain individual

organizations have tried to dismantle the commission and, during each

of those times, citizens have come forward and said, ‘absolutely

not,’” he said.