WESTERN OIL AND GAS ASS'N v. SONOMA COUNTY

No. 88-6608.

905 F.2d 1287 (1990)

WESTERN OIL AND GAS ASSOCIATION; National Ocean Industries Association, Plaintiffs-Appellants, v. SONOMA COUNTY; San Mateo County; Monterey County; San Luis Obispo County; County of Santa Cruz; City of Monterey; City of Morro Bay; City of San Luis Obispo; City of Santa Cruz; City of San Francisco; County of San Francisco, Defendants-Appellees, State of California, acting By and Through the California Coastal Commission and the California State Lands Commission; Natural Resources Defense Council; the League for Coastal Protection, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Resubmitted December 1, 1989.

Decided June 11, 1990.

As Amended on Denial of Rehearing August 23, 1990.


Attorney(s) appearing for the Case

Philip K. Verleger, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for plaintiffs-appellants.

Roger Beers, San Francisco, Cal., Stephen Butler, Sonoma County Counsel, Santa Rosa, Cal., Michael Murphy, San Mateo County Dist. Atty's. Office, Redwood City, Cal., W. Allen Bidwell, Monterey County Counsel's Office, Salinas, Cal., Dwight Herr, Santa Cruz County Counsel's Office, Santa Cruz, Cal., Judy Skousen, J.D., Morro Bay City Atty's. Office, Morro Bay, Cal., Vickie Finucane, San Luis Obispo City Atty's. Office, James Lindholm and Raymond Biering, San Luis Obispo County Counsel's Office, San Luis Obispo, Cal., Bill Conners, Monterey City Atty's. Office, Monterey, Cal., John Barisone, Santa Cruz City Atty's. Office, and John S. Roddy, Deputy City Atty., San Francisco, Cal., for defendants-appellees.

John A. Saurenman, Mary Gray Holt, Deputy Attys. Gen., Los Angeles, Cal., Johanna H. Wald, Natural Resources Defense Council, San Francisco, Cal., for defendants-intervenors-appellees.

J. Carol Williams, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Sarah F. Bates, Sierra Club Legal Defense Fund, San Francisco, Cal., Eric Twelker, Mountain States Legal Foundation, Denver, Colo., for amici curiae.

Before NORRIS, REINHARDT and TROTT, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

Two oil industry associations, the Western Oil and Gas Association (WOGA) and the National Ocean Industries Association (NOIA), challenge the constitutionality of certain land use ordinances passed by various coastal cities and counties in the State of California.1 The local ordinances regulate the onshore facilities used to support off-shore and Outer Continental Shelf oil and gas development. Appellants...

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