Author: Damien M. Schiff
“Balloon Track” Site
Yesterday, PLF announced the filing of a lawsuit challenging the California Coastal Commission’s decision to delay, and perhaps even stop, a much-needed cleanup plan for a contaminated property (known as the “Balloon Track” site) in downtown Eureka, California. The lawsuit, filed on behalf of the Citizens for a Better Eureka, argues that the Commission lacks jurisdiction to hear several appeals that have been lodged objecting to the City of Eureka’s granting of a permit to the Balloon Track’s owner authorizing the cleanup.
Specifically, PLF argues that the Coastal Act deprives the Commission of jurisdiction from hearing the appeal because the cleanup activity is being undertaken as a result of the City’s nuisance abatement order and the Regional Water Quality Control Board’s Cleanup and Abatement Order. The Coastal Act provides that the Commission can take no action in conflict with a local government’s power to abate nuisances, or a water board’s determination concerning water quality.
At the press conference held yesterday across the street from the Balloon Track, several dozen concerned citizens gathered to voice their support for an end to the Commission’s role and for an expeditious completion of the cleanup. Here’s hoping that the Commission soon heeds the event’s central theme: Coastal Commission, Butt Out!