California Coastal Commission: retroactivity of a judicial ruling of unconstitutionality.

Duke Environmental Law & Policy Forum, September, 2003 by Grenfell, Kristin

I. INTRODUCTION

In January 2003, in Marine Forests Society v. California Coastal Commission, the California Court of Appeals ruled that the California Coastal Commission's appointment structure violates the California state constitution's separation of powers clause. (1) The plaintiff, Marine Forests Society (MFS), had built an experimental reef on the floor of the Newport Harbor. The California Coastal Commission (hereinafter "Commission") notified the MFS that it intended to commence cease and desist proceedings against it. The MFS brought suit to enjoin the Commission, arguing that the Commission's appointment structure was unconstitutional and therefore, that the Commission did not have the authority to issue the order. (2) The appellate court agreed with...

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