Q: Which Agency can determine Jurisdiction over the federal Anchorage at Richardson Bay, part of San francisco Bay?
The US Coast Guard has "delegated" it's authority to regulate anchoring and mooring in the "Federal Anchorage" to BCDC, which "delegated" that responsibility to the "RBRA" (Richardson Bay Regional Authority). Now the City of Sausalito is claiming to have jurisdiction over part of the anchorage that are "city waters". The city is adopting ordinances that ban all anchoring in it's city limits, and restricting access to the shoreline to people that live on boats at anchor. These laws are in conflict with State and Federal rules for recreational boating. Sausalito is withdrawing from the RBRA, and forcing people into hazardous areas that make living on the water much more dangerous and expensive. So I want to know where I can get a definitive ruling regarding the jurisdictional authority to make changes to the historic Federal Anchorage.
A: If the federal and state powers have delegated the powers to localities, then the city may be within its rights to legislate in this way if it serves a legitimate governmental purpose (i.e., the rational basis test). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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