Edge of Law: Climate Change, Legal Uncertainty and the Future of the Shore

California coastal law is a complex, contentious, and nuanced area of law, driven by constant policy shifts causing disruptions in societal and private party expectations. Within the last fifteen years, the stunning California coastline and its residents have faced unprecedented loss.

Today, more than ever, this is a recurring event because of the unpredictable interpretation and application of the California Coastal Act of 1976 ("Act").

The intention of the Act was to establish a straightforward and significant right to preserve and protect sandy beaches as well as "existing structures" (collectively known as "coastal resources") along the coast from deterioration and destruction, regardless of the cause—including the encroachment of the Pacific Ocean.

The passage of the Act, and the defenses and safeguards provided therein—particularly with respect to residences—seem to be vanishing. But why has this happened, and why does it continue to unfold, leading to the unnatural despoliation of California's coastal resources?

The lawyer wishing to be proficient in this area must not only comprehend the law in multiple practice areas, but also understand the roles of overlapping agency and governmental jurisdictions.

Coastal lawyers would be best served with a working knowledge of engineering and construction processes, as well as the underlying marine biological and geological sciences. Most of all, however, the attorney will be required to recognize and work with the daily alchemy related to predicting sea level rise in a world where everything related to such changes is constantly in motion.