Sierra Club v. California Coastal Commission

Good Law
19 Cal. App. 4th 547·1993 Cal. App. LEXIS 1029·23 Cal. Rptr. 2d 534·93 Daily Journal DAR 13052·93 Cal. Daily Op. Serv. 7669
Court of Appeal of CaliforniaOctober 14, 1993D017570California4,756 words

Opinion

Opinion

Benke, J.

In this case we are confronted with the conflicting interests of fish and fowl at Batiquitos Lagoon. We find the California Coastal Act gives the Coastal Commission the power to resolve this conflict and that the commission acted properly in doing so.

Factual and Procedural History

1. Batiquitos Lagoon

The factual setting which gives rise to this appeal was summarized in the record by the California Coastal Conservancy (Conservancy): “Batiquitos Lagoon is one of a series of six lagoons on the northern coast of San Diego County. It lies at the southern edge of the City of Carlsbad, extending inland for two and one-half miles from its ocean mouth and averaging one-half mile in width. As a coastal wetland, the lagoon provides wildlife habitat for many resident and migratory species as well as an open space and recreational area for its human neighbors.

“Less than 150 years ago Batiquitos Lagoon was a fully tidal system, nourished by daily infusions of ocean water. Archaeological evidence shows the lagoon held marine shellfish which the local Indians harvested in abundance. The lagoon has changed significantly since this time with the advent of European and American…

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