Coastal Commission Comeuppance
by Mike Stoker
The Beast Has – For Once – Been Slain
The California Coastal Commission was created in 1972. For over 50 years it has been one of, if not the, most overzealous, overreaching, and self-important regulatory agency I have ever dealt with at the local, state, or federal level.
During that time period, the Coastal Commission’s arrogant overreach ended up several times before the U.S. Supreme Court. In one of those cases, a landmark decision, Nollan vs. California Coastal Commission, the Supreme Court had to remind the Commission about the 5th Amendment of the U.S. Constitution, also known as ‘The Taking Clause.’ In that case, the Commission wanted the Nollans to give the Coastal Commission an easement along their property in Ventura to create a path for the public to have access to the beach in exchange for a permit to modify their beach bungalow.
The Nollans objected and the case ended up before SCOTUS. In that decision, Justice Antonin Scalia wrote for the majority, “Although the State is free to advance its ‘comprehensive program’ by exercising its eminent domain power and paying for access easements, it cannot compel coastal residents alone to contribute to the realization of that goal.”
For years the treatment the Nollans received from the Coastal Commission happened to everyone every time applicants who went before the Commission asked for something. Until three weeks ago.
Three weeks ago, Vandenberg Space Force Base (VSFB) appeared before the Commission trying to cooperate with the Commission and work out ‘issues’ the Commission has with VSFB to be consistent with the California Coastal Plan for additional launches of Space X rockets. At the request of Space X, I also appeared in my capacity as President and CEO of the Santa Barbara County Taxpayers Advocacy Center (www.sbctac.org) to support VSFB and Space X. The Commission has imposed seven conditions on VSFB to be deemed consistent with the Coastal Plan. Currently, VSFB is in compliance with four of those conditions. The bottom question was what would happen if VSFB refused to comply with the other three.
At the hearing, Deputy Vice Commander of VSFB Dorian Hatcher testified. In his comments, he made it clear that VSFB would not be complying with the other three conditions. Then, one of the most beautiful things I’ve ever seen happen at a Coastal Commission took place. After concluding his comments, Vice-Commander Hatcher did a 180 pivot from the podium and started walking back to his seat. As he was walking, the Chair asked Hatcher to his back if it was true that neither he nor his staff would answer questions from the Commissioners. Vice-Commander Hatcher, did another 180 pivot and ever so slowly walked back to the podium, grabbed the mike, and said two simple words, “…That’s correct!”
With that, Hatcher became forever one of my heroes. No one has ever talked that way to the arrogant Coastal Commission. He did. Reportedly, one commissioner fumed, “I am beyond pissed and everyone in this room should be pissed too.” Another added, “The Space Force comes here today and intentionally disrespects us. That’s okay. I disrespect you.”
So, what’s next? These are unprecedented waters. The Commission has ruled. They’ve gone on record saying VSFB can not do more launches without complying with the other three conditions that VSFB has made clear they will not comply with. VSFB will continue launching. So, the Coastal Commission can eat crow and do nothing. Or they can go to court and try to enforce their order and get a judge to issue an injunction prohibiting VSFB from conducting additional launches.
Note to the commission: No federal judge will issue that injunction and if they do, it will immediately go up to the 9th Circuit which will reverse. And then the question is does it go up to the U.S. Supreme Court for another review of Coastal Commission actions? What chance do you think the Coastal Commission would have with the current U. S. Supreme Court to the question of whether a state agency can tell a U.S. military base – which is federal property – when they can or cannot launch rockets? I give that 0 chance of happening.
So, sit back and watch what the slain Coastal Commission beast does next. Whichever path they choose, the public wins and the Coastal Commission loses.
It’s about time.
Mike Stoker serves as President & CEO of the Santa Barbara County Taxpayer Advocacy Center. Stoker is a land use, environmental, and business law attorney. He has previously served on the Santa Barbara County Board of Supervisors, was Chairman of the CA Agricultural Labor Relations Board, Majority Counsel to Congress, CA Deputy Secretary of State and served as the Southwest Administrator of the US EPA overseeing a population of 75 million people.
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Beautiful! Poetic justice. I don’t recommend the average Joe trying that approach however. It’s about time somebody flipped them the proverbial bird because it always seems like they’re doing that to us.
I was in Santa Barbara during the great oil spill, and witnessed the birth of the Coastal Commission.
What began as an innocent advisory watchdog morphed quickly into what it is today. A bunch of politicly motivated power hungry appointees who have no motivation to “protect our coast “. It has become a joke. I’d love to see the Commission be de-commissioned!