March 3, 2011

Will the Commission kibosh another fireworks display?

By Will the Commission kibosh another fireworks display?

Author:  Damien M. Schiff

Over the last several years, the California Coastal Commission has been asserting jurisdiction, under the Coastal Act, over coastal fireworks displays.  Recently, PLF attorneys represented the Gualala Festivals Committee in an ultimately unsuccessful suit challenging the Commission's jurisdiction over the Committee's Fourth of July fireworks show in Humboldt County.

Now, Assemblywoman Diane Harkey of Dana Point is sponsoring a bill in the Legislature that would reverse in part the Court of Appeal's decision in Gualala Festivals Committee v. California Coastal Commission and deprive the Commission of jurisdiction over fireworks displays conducted by a public entity.  Hard to say what chances the bill has of passing; generally speaking, the Legislature seems resistant to amendments to the Coastal Act that would weaken the Commission's power.

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