California Coastal Commission ruling [CA SC] News
California Coastal Commission ruling [CA SC]

Marine Forests Society, et al. v. California Coastal Commission, et al., Supreme Court of California, June, 23, 2005 [ruling that the membership configuration of the California Coastal Commission does not violate the separation of powers clause of the state's constitution]. Excerpt:

For the reasons discussed below, we conclude that the current statutory provisions governing the composition of the Coastal Commission do not violate the separation of powers clause of the California Constitution. As we shall see, although plaintiffs' challenge to the current provisions relies heavily on a number of United States Supreme Court decisions holding that, under the separation of powers doctrine embodied in the federal Constitution, Congress has no authority to appoint an executive officer… it is clear both from the history of the California Constitution and from the judicial authorities interpreting the separation of powers clause of our state Constitution, that the California Constitution, unlike the United States Constitution, does not categorically preclude the Legislature from enacting a statutory provision authorizing the Legislature itself to appoint a member or members of an executive commission or board.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.