Humboldt Alliance for Responsible Planning v. Cal. Coastal Commission CA1/5

I. BACKGROUND

A. Relevant Law We begin with a brief overview of the relevant statutes and regulations. The CZMA declares a national policy “to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and succeeding generations.” (16 U.S.C. § 1452(1).) One of the CZMA’s stated purposes is “to encourage coordination and cooperation” among federal and state agencies in their “regulation of land use practices affecting the coastal and ocean resources.” (Id. § 1452(5).) If a federal

1 All further statutory references are to the Public Resources Code

unless otherwise specified.

2 agency plans to commence an activity “within or outside the coastal zone” that affects coastal land or resources, it “shall be carried out in a manner which is consistent to the maximum extent practicable with the enforceable policies of approved State management programs.” (Id. § 1456(c)(1)(A).) To that end, the federal agency is required to “provide a consistency determination to the relevant State agency.” (Id. § 1456(c)(1)(C).) The state agency may concur, conditionally concur, or object to that determination. (15 C.F.R. §§ 930.4(a) &…