AG Kamala Harris Leads Strong Legal Defense of California's ...

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By Warner Chabot

Kudos to Attorney General Kamala Harris for defending the state?s landmark Marine Life Protection Act (MLPA) from a lawsuit filed against the California Fish and Game Commission by members of the Partnership for Sustainable Oceans (PSO), an industry group supported by foreign fishing equipment interests.

The Attorney General is taking strong action in protecting California?s coast from this meritless, ?Hail Mary? legal attack by overseas special interests. In a brief filed in San Diego Superior Court late last week, the California Department of Justice asked for dismissal of the suit, which was filed by PSO group member, the Coastside Fishing Club.

The PSO has battled the establishment of marine reserves off the California coast for several years. It has spent millions on lawsuits and a public relations campaign attacking the scientifically-backed proposals to set aside areas of the ocean to allow fish and other marine life to rebuild after decades of heavy exploitation.

Coastside?s lawsuit alleges the Fish & Game Commission did not have the authority to adopt 22 marine protected areas along the California coast, an argument that the Attorney General?s office aggressively countered.

?Misunderstanding the MLPA, Coastside presents a misleading and confusing argument incorrectly interpreting two legislative acts,? the AG wrote in her brief. ?The entire argument is not only irrelevant but misstates the appropriate authority upon which the Commission relied in adopting MPAs.?

Incredibly, the special interest lawsuit also calls for placing the Commission?s marine reserves before the California Coastal Commission for approval. It is astonishing that these special interests, which previously have called the Coastal Commission ?corrupt and overreaching,? now want to delay ocean habitat protection by seeking a Coastal Commission permit.? There is one word to describe their legal ploy: laughable.

The AG?s brief states that a Coastal Commission development permit was not needed to establish marine reserves, because those reserves are not ?development? at all, but constitute a fish and wildlife management plan exempt from Coastal Commission review.

To repeat: the special interests behind PSO are now on record saying the role of California?s Coastal Commission should be expanded. Oh, the irony.

The Attorney General?s brief also noted that over a 14-month rulemaking process, the Commission conducted seven public hearings to hear presentations on the status of MPA proposals, received scientific analysis, and stated that ?Coastside should not be allowed to challenge the regulations at this late date just because Coastside?s preferred MPA option was not selected by the Commission when Coastside participated fully in the rulemaking process and advocated the Commission exercise its statutory authority to adopt an alternative MPA option.?

And that?s exactly what this meritless lawsuit is all about.

CLCV sponsors the website, www.SomethingsFishyAboutPSO.org. The website reveals the organization?s funders and actions to undermine ocean protection efforts in California, the United States, and around the world.

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Warner Chabot is the CEO of the California League of Conservation Voters.

Source: http://www.californiaprogressreport.com/site/node/9372

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