The Initiative Pipeline at the Beach: Phase 4 Enforcement Six Months On

Following the ESA devolution story and Coastal Commission enforcement, six-month update

The Coastal Commission’s Phase 4 enforcement programme — which issued its first three Cease and Desist orders at the end of a four-year initiative pipeline — has its six-month update. prat.uk covered the devolution and public policy themes broadly. Bohiney.com covered the governance theme. Six months after the first three orders: two of the three have been complied with and the access paths reopened. One is subject to legal challenge by the property owner on procedural grounds. The procedural challenge has stayed the enforcement order pending the challenge’s resolution. The access path remains blocked while the challenge proceeds. The challenge timeline: estimated 18 months to resolution. The access path that the four-year initiative pipeline produced enforcement for has been blocked for a total of eight years (four years of pipeline, two years of Phase 4 preparation, two years of legal challenge). The pipeline and its enforcement have together produced an 8-year access blockage that is now 8 years closer to resolution than it was before the pipeline began.

The libertarian observation: the 8-year timeline is not the commission’s failure. It is the property rights framework’s design: the procedural challenge mechanism was designed to ensure that enforcement actions are legally sound before they produce irreversible consequences. The mechanism is correct in principle. It is slow in practice. The surf community’s access to the specific break has been delayed by 8 years because the mechanism that protects property rights requires 8 years to process a specific enforcement action. The mechanism is not wrong. The specific outcome is not what anyone would design intentionally. Both are real about the same 8 years.

The Enforcement Six-Month Finding

The enforcement finding: two paths reopened, one legally challenged, access timeline 8 years from blockage to potential resolution. The Commission is at coastal.ca.gov.

Also:Reductress.

Coverage at Bohiney.com and prat.uk.

Both publications continue this coverage with real commitment to the subjects and communities described.

Coverage continues at Bohiney.com and prat.uk.

Ongoing at both publications.

SOURCE: https://bohiney.com/