Coastal panel's fate hangs in balance -State's top court to hear challenge

Coastal panel's fate hangs in balance
State's top court to hear challenge to appointments
Bob Egelko, Chronicle Staff Writer

Tuesday, April 5, 2005

The California Coastal Commission, a powerful body created by voters and lawmakers 29 years ago to preserve a 1,100-mile coastline from unlimited development, will be fighting for its own preservation Wednesday before the state Supreme Court.

The issue before the justices, meeting in Los Angeles, will not be the incessant complaints of property owners that the commission has trampled their rights in its zeal to provide public access to Pacific beaches and bluffs. Instead, the point of contention will be the commission's makeup, an issue that arose abruptly in 2001 when a Sacramento judge ruled that the appointment system violated constitutional separation of powers.

Simply put, the question is whether an agency that wields executive power -- the power to enforce the state's Coastal Act, by granting and denying development permits -- can operate with eight appointees from the legislative branch -- four from the state Senate and four from the Assembly -- among its 12 members. The governor appoints the other four members.

If the answer is no -- as two lower courts determined, before the state's high court agreed to review the case in 2003 -- the question becomes, what happens to the commission and the 100,000-plus rulings it has issued since 1976?

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how does it suddenly become illegal? Let me guess, the rethugs R behind this, right? So take the 4 gov appointees away and let those 4 be elected.

I am totally for this organization. I remember living in Half Moon Bay some 20 years ago, and the place still looks the same. The coast line is for all, not just those that have the $$ to exploit it.