Thousands showed up to voice their opinions on a proposed toll road through a state park in north San Diego County; tens of thousands more have written to federal officials about the hotly debated project.
Now that the time for public comment has ended, the turnpike's future rests not with Southern California residents or lawmakers, but with a member of President Bush's cabinet.
U.S. Commerce Secretary Carlos M. Gutierrez -- who oversees international trade operations, economic development work, patents and the census -- will have sole discretion over the 16 miles of California 241 intended to link Orange and San Diego counties and ease traffic on Interstate 5.
A jumble of state and federal coastal regulations has bounced the decades-long toll road battle from state to federal hands as the clock runs out on the current administration. The decision seems to have little precedent.
"There's certainly nothing the least bit comparable to this case that one could took to for how the secretary might rule," said Mark Delaplaine, a California Coastal Commission manager who specializes in energy, ocean resources and federal matters. "There's really no case like it."
Unlike private developments on the shore that require only state approval, the toll road would need authorization from the Federal Highway Administration -- and several other agencies -- to connect to I-5. That places the project under the , which is meant to ensure that federal activities comply with state plans.
A quarter-mile of the road would cut through the California coastal zone, with more of it running inland through San Mateo Creek watershed. Thirty-two states participate in the management act voluntarily, giving them a powerful say in the use of their coastlines and making them eligible for federal money to run coastal programs, said Jeff Dillen of the Commerce Department.
The act was designed to help balance environmental and development concerns. When an organization disagrees with a state decision -- as the toll road agency did when the Coastal Commission rejected plans for the road in February -- it can appeal the decision to the federal government. And that decision can be appealed in federal court.
The National Oceanic and Atmospheric Administration, part of the Commerce Department, oversees this appeal process.
