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American Petroleum Inst. v. Knecht

Citation: 8 ELR 20853
No. No. CV-77-3375-RJK, 456 F. Supp. 889/12 ERC 1193/(C.D. Cal., 08/31/1978)

Granting judgment for defendants, the court affirms the National Oceanic and Atmospheric Administration's approval of the California Coastal Zone Management Plan (CZMP) pursuant to § 306 of the Coastal Zone Management Act (CZMA). Plaintiff oil companies and trade associations have standing because they have shown that they will suffer injury in fact from application of the § 307 consistency provisions of the CZMA. Although federal approval of the state program under § 306 is final agency action and thus ripe for judicial review, the issues relating to the application of § 307 to particular activities of plaintiffs are too speculative to be ripe for review at this time. The agency's finding that the CZMP satisfies the requirements of a management program under § 305(b) and that it gives adequate consideration to the national interest pursuant to § 306(c)(8) was not arbitrary or capricious. Finally, the procedures followed by the state in developing and adopting the coastal zone management plan and by the federal agencies in approving the plan do not violate the CZMA, the National Environmental Policy Act, or state laws.

Counsel for Plaintiffs
PhilipK. Verleger, Howard J. Privett, Ward L. Benshoof
McCutchen, Black, Verleger & Shea
30th Floor, 3435 Wilshire Blvd., Los Angeles, CA 90010
(213) 381-3411

Counsel for Defendants
Sanford Sagalkin, Dep. Ass't Attorney General; Bruce A. Rashkow, William Brian Morrison
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Counsel for Intervening Defendant California Coastal Zone Commission
Evelle J. Younger, Attorney General; R.H. Connett, Ass't Attorney General; Roderick E. Walston, Donatas Januta, Deputy Attorneys General
Room 6000, 350 McAllister St., San Francisco CA 94102
(415) 557-3727

Counsel for Intervening Defendants Natural Resources Defense Council, Inc. and Sierra Club
John Roger Beers, James B. Frankel
Natural Resources Defense Council, Inc.
2345 Yale St., Palo Alto CA 94306
(415) 327-1080