Secretary of the Interior v. California and the federal consistency provision of the Coastal Zone Management Act, like it or not
The suit attempts to settle the issue of whether Outer Continental Shelf (OCS) lease sales directly affect the coastal zone, bringing them within the consistency provision of the Coastal Zone Management Act (CZMA). The Department of Interior contends that the CZMA and the Outer Continental Shelf Lands Act (OCSLA) complement each other, while California contends that the OCSLA must be subordinate to the purpose and policies of the CZMA. The author examines the controversy that led to the decision, then suggests that the majority's narrow interpretation of section 307 (c) (1) and its apparent shift to section 307 (c) (3) (B) is the proper construction based on the plain meaning, statutory purpose, administrative interpretation, and legislative history of the CZMA. By delaying the consistency determination until the OCS plan is submitted, the Court's decision is the most equitable way to resolve the controversy.
- OSTI ID:
- 6985702
- Journal Information:
- J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 7:2; ISSN JELPE
- Country of Publication:
- United States
- Language:
- English
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CALIFORNIA
CASE LAW
COASTAL ZONE MANAGEMENT ACT
CONTINENTAL MARGIN
CONTINENTAL SHELF
FEDERAL REGION IX
GEOLOGIC DEPOSITS
IMPLEMENTATION
LAWS
LAWSUITS
LEASES
LEGAL ASPECTS
MINERAL RESOURCES
NORTH AMERICA
PETROLEUM DEPOSITS
RESOURCES
USA