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Secretary of Interior v. California

by Edward A. Fitzgerald, Wright State Univ, Dayton, OH, USA,



Document Type: Proceeding Paper

Part of: Coastal Zone '87

Abstract:

The issue of whether Outer Continental Shelf (OCS) lease sales were subject to consistency review under section 307(c) (1) of the Coastal Zone Management Act (CZMA) was the focus of litigation between Interior and California over lease sale 53. California asserted that lease sale 53 directly affected its coastal zone, thus was subject to consistency review. Interior disagreed. The U. S. District Court and the Ninth Circuit Court supported California's position. The Supreme Court, however, held that OCS lease sales did not directly affect the coastal zone, thus were not subject to consistency review. The Supreme Court's decision was incorrect. The Court's decision frustrated the cooperative federal-state framework envisioned by the CZMA for the effective management of the coastal zone.

Subject Headings: Coastal management | Federal government | Resource management | Court decisions | Non-renewable energy | Natural gas | Litigation | California | United States

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