FEATURE ARTICLE

March 2008

To read this entire item of approximately 3000 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Designating Land as “Environmentally Sensitive” under the Coastal Act After Security National Guaranty v. California Coastal Commission

Back in 2001, I wrote a feature article for the California Land Use Law & Policy Reporter, “Coastal Development Permit Appeals: Surprise, You’ve Got ESHA!” [11 Cal. Land Use L. & Pol’y Rptr 217 (May 2001)] In that article, I argued that the California Coastal Commission had adopted the unlawful practice of declaring landowners’ private property to be “environmentally sensitive habitat area” or “ESHA” under the Coastal Act during permit appeals even though the local government’s planning documents didn’t show it to be ESHA.