RI Supreme Court Ruling Will End legislative Involvement in CRMC: Environmentalists cheer decision as key for protection of state’s coastline

Please Contact: Cynthia Giles, (401) 351-1102
Providence, RI (December 19, 2008) In a decision that environmentalists say was key for protection of the state’s coastline, the Rhode Island Supreme Court yesterday ruled that the Coastal Resources Management Council (CRMC) is independent from the Legislature. The Court said that the coastal planning and permitting agency is subject to the separation of powers provision of the Rhode Island Constitution and that legislators can not appoint CRMC members.

>> Read the decision here.

The CRMC needs to be a body that can make decisions about the future of our coastline free from Legislative pressures,” said Cynthia Giles, Director of the Conservation Law Foundation’s Rhode Island Advocacy Center, that joined in a brief in support of Governor Carcieri, who asked for the Court’s opinion. “The Legislature’ s insistence that it appoint members of CRMC — despite a constitutional amendment saying exactly the opposite — has been a big contributor to the controversy that has surrounded CRMC for so many years.”

In their ruling, the Court said: “In our opinion, the proposed CRMC legislation, which is the subject of the questions posed to us, cannot be reconciled with our Constitution to the extent that it would permit sitting legislators to serve on the CRMC and would allow the General Assembly to make some appointments to that body. In other words, in view of the fact that the CRMC exercises executive power, the Governor has the right to appoint its members with the advice and consent of the Senate.”

Now the Supreme Court has taken the matter out of the Legislature’ s hands and declared that the current Council is unconstitutional. Even though it has taken far too long to get here, it’ s the right result. This agency that is so important to the future of Rhode Island will finally be complying with the Constitution, which is a victory for all the residents of the state,” said Giles.
The Conservation Law Foundation works to solve the most significant environmental challenges facing New England. CLF’s advocates use law, economics and science to create innovative strategies that conserve natural resources, protect public health and promote vital communities in our region. Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.