Littoral Development Co. v. San Francisco Bay Conservation & Development Commission

Opinion

PETERSON, P. J.

In order to protect San Francisco Bay from further environmental degradation through filling and development, the Legislature created the San Francisco Bay Conservation and Development Commission (BCDC), and gave BCDC jurisdiction over all areas of the bay subject to “tidal action”—which for purposes relevant here the Legislature defined in Government Code 1 section 66610. This statute specifically defined San Francisco Bay, for purposes of BCDC jurisdiction and as here pertinent, as including all sloughs; “marshlands’’ extending from a seaward line of “mean high tide”…