State court will take up panel’s legality

Paul Clinton

NEWPORT BEACH -- The California Court of Appeal has put a local

environmentalist’s lawsuit challenging the legality of the influential

California Coastal Commission on a fast track.

The appellate court announced Friday the expedited treatment of the

case and scheduled a deadline of Friday for all written legal arguments.

Rodolphe Streichenberger, who lives in Newport Beach, won a major

court victory against the commission in April, when a Sacramento Superior

Court judge declared the agency unconstitutional.

In the ruling, Judge Charles Kobayashi said the agency operates

improperly because it isn’t accountable to other branches of government

-- a violation of the separation of powers clause in the California

Constitution.

Streichenberger, who founded the Marine Forests Society, began

challenging the commission’s operating practices in April 1997, shortly

after it refused him a permit to operate a marine habitat about 300 yards

off the Balboa Pier.

The hastened appeal will cut six months off the back end of the

process, said Ronald Zumbrun, Streichenberger’s attorney.

“I’m confident the court will read the merits and judiciously answer

the constitutionality issue,” Streichenberger said. “The court will

answer the question.”

The state attorney general’s office must file its argument brief with

the appellate court by Friday.

Deputy Atty. Gen. Lisa Trankley, who is representing the state, said

she also supports a quicker appeal process.

“Hopefully, it will answer the uncertainty” raised by Kobayashi’s

ruling, Trankley said. “The uncertainty needs to be resolved.”

Oral arguments are expected in April, Zumbrun said. A decision would

come shortly after that hearing.

Once it receives the written arguments from both sides, the appellate

court will set a date for the hearing, Zumbrun said.

* Paul Clinton covers the environment and John Wayne Airport. He may

be reached at (949) 764-4330 or by e-mail ato7

[email protected] .