MacK

STATE OF CAL. BY CALIFORNIA COASTAL COM'N v. MacK

Good Law
693 F. Supp. 821·1988 WL 90539
United States District Court, Northern District of CaliforniaApril 14, 1988C-88-0015 EFLCalifornia3,522 words

Opinion

Opinion

LYNCH, District Judge.

This action is before the Court on plaintiff California Coastal Commission's application for a preliminary injunction. The case presents questions regarding the scope of authority of defendant National Oceanic and Atmospheric Administration ("NOAA") under the federal Coastal Zone Management Act. Specifically, the issue is whether NOAA exceeded its authority when it conditioned a grant to the California Coastal Commission (the "Commission") on a requirement that the Commission draft and submit for NOAA's approval guidelines pertaining to exploration and development of the Outer Continental Shelf area off the California coast. For the reasons explained below, the Court grants the Commission's application.

In 1972, Congress enacted the Coastal Zone Management Act (the "CZMA" or the "Act"), 16 U.S.C. §§ 1451-1464 , in order to encourage and assist states "in preparing and implementing management programs to preserve, protect, develop and whenever possible restore the resources of the coastal zone of the United States." S.Rep. No. 753, 92d Cong., 2d Sess. 1, reprinted in 1972 U.S.Code Cong. & Admin.News 4776. To this end, the CZMA offers two primary incentives…

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