Regulatory Reach of BCDC’s Bay Plan
Summary: The Bay Plan is not confined to “advisory” status regarding projects and activates outside BCDC’s formal jurisdiction. To the contrary, the Bay Plan has the force of binding federal law under the Coastal Zone Management Act with respect to any project or activity involving a federal permit or assistance (including financial assistance, insurance, and/or guarantees), whether or not located in BCDC’s formal jurisdiction. The Bay Plan also has significant regulatory impact under the California Environmental Quality Act. BCDC staff’s “analysis” to the contrary misstates the legal question at issue, continues a pattern and practice of mischaracterizing the Coalition’s legal (and policy) arguments, and ultimately gets it dead wrong on the law.
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Read more or download the BCDC’s Bay Plan Amendment.