Drakes Bay Oyster CompanyDrakes Bay Oyster Company
National Park Service, Drakes Bay Oyster Co. Announce Exit Agreement
Video: Last Day at Drakes Bay Oyster Company's Retail Business
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High Court Won't Hear Drakes Bay Oyster Co.'s Appeal of Shutdown Order
Drakes Bay Oyster Co. Takes Its Case to U.S. Supreme Court
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Drake's Bay Oyster Farm Challenges Eviction From Park in Court
Pt. Reyes Oyster Farm Sues Government
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Announce Exit Agreement","publishDate":1412629951,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>After nearly a decade of negotiations, scientific studies, congressional intervention and protracted legal skirmishing, the National Park Service and Drakes Bay Oyster Co. announced Monday they've reached agreement on terms for the firm's final exit from Point Reyes National Seashore.\u003c/p>\n\u003cp>Under the deal announced by both sides -- formally, a proposed consent decree (\u003ca href=\"#drakesbaydecree\">embedded below\u003c/a>) that still needs federal court approval -- Drakes Bay will be allowed to continue harvesting shellfish from the national park's Drakes Estero through Dec. 31. After losing its final legal round in June, when \u003ca href=\"http://ww2.kqed.org/news/2014/06/30/supreme-court-rejects-drakes-bay-oyster-company-appeal/\" target=\"_blank\">the U.S. Supreme Court declined to hear its case\u003c/a>, the company had expressed concern about the large number of salable oysters it might have to dump if forced to shut down immediately.\u003c/p>\n\u003cp>The company \u003ca href=\"http://ww2.kqed.org/news/2014/08/05/video-last-day-at-drakes-bay-oyster-companys-retail-business/\" target=\"_blank\">shut down retail operations at the oyster farm\u003c/a> at the end of July. It has continued to sell to wholesalers while owner Kevin Lunny and his attorneys negotiated with the park service.\u003c/p>\n\u003cp>Monday's agreement also addresses the contentious issue of how and when the oyster company's infrastructure, including miles of \u003ca href=\"https://www.google.com/search?q=creosote\" target=\"_blank\">creosote\u003c/a>-coated wooden racks, will be removed from the estero. Drakes Bay has agreed to work with park officials to identify all of its unused racks and other equipment and allow it to be removed immediately.\u003c/p>\n\u003cp>Finally, the agreement also includes a promise by the National Park Service to help Drakes Bay workers relocate.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Oyster farming at Drakes Estero began more than a century ago, long before the establishment of Point Reyes National Seashore by laws passed in the 1960s and '70s. In 1972, the federal government granted the shellfish operation, then known as Johnson's Oyster Farm, a 40-year lease. In 2004, Lunny and his family took over the lease from the Johnsons, cleaned up and improved the operation and began a campaign to extend the lease. The National Park Service declined to do so, leading to passage of legislation by Sen. Dianne Feinstein, D-California, that would allow the secretary of the Interior to extend the lease. After extensive (and disputed) environmental studies, Interior Secretary Ken Salazar decided to let the lease end on schedule in late 2012. The Lunnys challenged that decision in court and lost both at the district level and the 9th U.S. Circuit Court of Appeals before the Supreme Court refused to hear the case.\u003c/p>\n\u003cp>In a separate press release issued Monday, the Lunny family announced that it intends to open a new restaurant and oyster operation on nearby Tomales Bay, already the home of several successful oyster farms. From the statement:\u003c/p>\n\u003cblockquote>\u003cp>“This new venture will allow us to continue to provide jobs for many of our oyster workers while supporting other small family farms and fishermen in West Marin County,” said Kevin Lunny. “We are delighted that we will be able to continue to offer bags of oysters to our cherished Drakes Bay retail customers. And we are very excited about the opportunity to serve oysters and other fabulous local food at this stunning location on the water, with dining and decks overlooking beautiful Tomales Bay.”\u003c/p>\n\u003cp>Tomales Bay Resort owner Jeff Harriman said “I am thrilled to have the Lunnys bring the restaurant component to our 5 acre, 35 room Resort and Marina.”\u003c/p>\u003c/blockquote>\n\u003cp>Here's the announced agreement between the National Park Service and Drakes Bay:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"drakesbaydecree\">\u003c/a>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/242103670/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_13770\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Proposed consent decree would allow company to keep harvesting and selling oysters until New Year's Eve. ","status":"publish","parent":0,"modified":1412635425,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":562},"headData":{"title":"National Park Service, Drakes Bay Oyster Co. Announce Exit Agreement | KQED","description":"Proposed consent decree would allow company to keep harvesting and selling oysters until New Year's Eve. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10342641 http://ww2.kqed.org/news/?p=10342641","disqusUrl":"https://ww2.kqed.org/news/2014/10/06/national-park-service-drakes-bay-oyster-co-announce-exit-agreement/","disqusTitle":"National Park Service, Drakes Bay Oyster Co. Announce Exit Agreement","customPermalink":"2014/10/06/point-reyes-national-seashore-agreement-drakes-bay-oyster-company/","path":"/news/10342641/national-park-service-drakes-bay-oyster-co-announce-exit-agreement","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After nearly a decade of negotiations, scientific studies, congressional intervention and protracted legal skirmishing, the National Park Service and Drakes Bay Oyster Co. announced Monday they've reached agreement on terms for the firm's final exit from Point Reyes National Seashore.\u003c/p>\n\u003cp>Under the deal announced by both sides -- formally, a proposed consent decree (\u003ca href=\"#drakesbaydecree\">embedded below\u003c/a>) that still needs federal court approval -- Drakes Bay will be allowed to continue harvesting shellfish from the national park's Drakes Estero through Dec. 31. After losing its final legal round in June, when \u003ca href=\"http://ww2.kqed.org/news/2014/06/30/supreme-court-rejects-drakes-bay-oyster-company-appeal/\" target=\"_blank\">the U.S. Supreme Court declined to hear its case\u003c/a>, the company had expressed concern about the large number of salable oysters it might have to dump if forced to shut down immediately.\u003c/p>\n\u003cp>The company \u003ca href=\"http://ww2.kqed.org/news/2014/08/05/video-last-day-at-drakes-bay-oyster-companys-retail-business/\" target=\"_blank\">shut down retail operations at the oyster farm\u003c/a> at the end of July. It has continued to sell to wholesalers while owner Kevin Lunny and his attorneys negotiated with the park service.\u003c/p>\n\u003cp>Monday's agreement also addresses the contentious issue of how and when the oyster company's infrastructure, including miles of \u003ca href=\"https://www.google.com/search?q=creosote\" target=\"_blank\">creosote\u003c/a>-coated wooden racks, will be removed from the estero. Drakes Bay has agreed to work with park officials to identify all of its unused racks and other equipment and allow it to be removed immediately.\u003c/p>\n\u003cp>Finally, the agreement also includes a promise by the National Park Service to help Drakes Bay workers relocate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Oyster farming at Drakes Estero began more than a century ago, long before the establishment of Point Reyes National Seashore by laws passed in the 1960s and '70s. In 1972, the federal government granted the shellfish operation, then known as Johnson's Oyster Farm, a 40-year lease. In 2004, Lunny and his family took over the lease from the Johnsons, cleaned up and improved the operation and began a campaign to extend the lease. The National Park Service declined to do so, leading to passage of legislation by Sen. Dianne Feinstein, D-California, that would allow the secretary of the Interior to extend the lease. After extensive (and disputed) environmental studies, Interior Secretary Ken Salazar decided to let the lease end on schedule in late 2012. The Lunnys challenged that decision in court and lost both at the district level and the 9th U.S. Circuit Court of Appeals before the Supreme Court refused to hear the case.\u003c/p>\n\u003cp>In a separate press release issued Monday, the Lunny family announced that it intends to open a new restaurant and oyster operation on nearby Tomales Bay, already the home of several successful oyster farms. From the statement:\u003c/p>\n\u003cblockquote>\u003cp>“This new venture will allow us to continue to provide jobs for many of our oyster workers while supporting other small family farms and fishermen in West Marin County,” said Kevin Lunny. “We are delighted that we will be able to continue to offer bags of oysters to our cherished Drakes Bay retail customers. And we are very excited about the opportunity to serve oysters and other fabulous local food at this stunning location on the water, with dining and decks overlooking beautiful Tomales Bay.”\u003c/p>\n\u003cp>Tomales Bay Resort owner Jeff Harriman said “I am thrilled to have the Lunnys bring the restaurant component to our 5 acre, 35 room Resort and Marina.”\u003c/p>\u003c/blockquote>\n\u003cp>Here's the announced agreement between the National Park Service and Drakes Bay:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"drakesbaydecree\">\u003c/a>\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/242103670/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_13770\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10342641/national-park-service-drakes-bay-oyster-co-announce-exit-agreement","authors":["222"],"programs":["news_6944","news_72"],"categories":["news_8","news_356"],"tags":["news_3548","news_3287"],"featImg":"news_10342645","label":"news_72"},"news_143805":{"type":"posts","id":"news_143805","meta":{"index":"posts_1591205157","site":"news","id":"143805","score":null,"sort":[1407247204000]},"guestAuthors":[],"slug":"video-last-day-at-drakes-bay-oyster-companys-retail-business","title":"Video: Last Day at Drakes Bay Oyster Company's Retail Business","publishDate":1407247204,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003caside class=\"aligncenter\">[vimeo 102581161 w=640 h=360]\u003c/aside>\n\u003cp>After a long legal battle, July 31 was officially the last day for Drakes Bay Oyster Company's retail operations. They can continue wholesale operations, mainly selling oysters to local restaurants, but customers can no longer visit the now-closed Oyster Shack, in order to purchase, grill and shuck oysters on the beach of Drake's Estero.\u003c/p>\n\u003caside class=\"left long\">\n\u003ch3>Drakes Bay Background\u003c/h3>\n\u003cp>\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS6542_74434182-lpr-e1405358904719.jpg\" alt=\"\">\u003c/p>\n\u003cp>\u003ca href=\"http://blogs.kqed.org/science/2014/07/31/commercial-operations-close-at-drakes-bay-oyster-company/\">What's next for the oyster farm, its employees and the natural environment of Drakes Estero?\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"http://blogs.kqed.org/science/tag/drakes-bay-oyster-company/\">Full Coverage\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Owner Kevin Lunny addressed a crowd of about a hundred visitors, thanking his supporters and the company's 25 workers. Lunny, along with Jorge Mata, who has worked at Drakes Estero for 30 years, led the crowd in one final toast with a Drakes Bay oyster.\u003c/p>\n\u003cp>There were many tears and hugs, but the somber affair also had a mix of anger and optimism -- anger at the National Park Service who is forcing the Lunnys out of Drakes Estero, and optimism for future oyster operations.\u003c/p>\n\u003cp>\"It's not over,\" a defiant Lunny said. \"We don't know our next steps, but there are going to be next steps and we're going to keep everyone informed.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A crowd gathers to celebrate and mourn the closing of the oyster company's last day of retail business.","status":"publish","parent":0,"modified":1412115568,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":9,"wordCount":202},"headData":{"title":"Video: Last Day at Drakes Bay Oyster Company's Retail Business | KQED","description":"A crowd gathers to celebrate and mourn the closing of the oyster company's last day of retail business.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"143805 http://ww2.kqed.org/news/?p=143805","disqusUrl":"https://ww2.kqed.org/news/2014/08/05/video-last-day-at-drakes-bay-oyster-companys-retail-business/","disqusTitle":"Video: Last Day at Drakes Bay Oyster Company's Retail Business","path":"/news/143805/video-last-day-at-drakes-bay-oyster-companys-retail-business","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003caside class=\"aligncenter\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"vimeo","attributes":{"named":{"w":"640","h":"360","label":"102581161"},"numeric":["102581161"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/aside>\n\u003cp>After a long legal battle, July 31 was officially the last day for Drakes Bay Oyster Company's retail operations. They can continue wholesale operations, mainly selling oysters to local restaurants, but customers can no longer visit the now-closed Oyster Shack, in order to purchase, grill and shuck oysters on the beach of Drake's Estero.\u003c/p>\n\u003caside class=\"left long\">\n\u003ch3>Drakes Bay Background\u003c/h3>\n\u003cp>\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS6542_74434182-lpr-e1405358904719.jpg\" alt=\"\">\u003c/p>\n\u003cp>\u003ca href=\"http://blogs.kqed.org/science/2014/07/31/commercial-operations-close-at-drakes-bay-oyster-company/\">What's next for the oyster farm, its employees and the natural environment of Drakes Estero?\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"http://blogs.kqed.org/science/tag/drakes-bay-oyster-company/\">Full Coverage\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Owner Kevin Lunny addressed a crowd of about a hundred visitors, thanking his supporters and the company's 25 workers. Lunny, along with Jorge Mata, who has worked at Drakes Estero for 30 years, led the crowd in one final toast with a Drakes Bay oyster.\u003c/p>\n\u003cp>There were many tears and hugs, but the somber affair also had a mix of anger and optimism -- anger at the National Park Service who is forcing the Lunnys out of Drakes Estero, and optimism for future oyster operations.\u003c/p>\n\u003cp>\"It's not over,\" a defiant Lunny said. \"We don't know our next steps, but there are going to be next steps and we're going to keep everyone informed.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/143805/video-last-day-at-drakes-bay-oyster-companys-retail-business","authors":["188"],"programs":["news_6944"],"categories":["news_19906","news_8"],"tags":["news_3548","news_150"],"featImg":"news_143810","label":"news_6944"},"news_141232":{"type":"posts","id":"news_141232","meta":{"index":"posts_1591205157","site":"news","id":"141232","score":null,"sort":[1404836120000]},"guestAuthors":[],"slug":"government-pursue-prompt-wind-down-of-drakes-bay-oyster-co","title":"Feds Pursue 'Prompt Wind-Down' of Drakes Bay Oyster Co. ","publishDate":1404836120,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_141310\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS6542_74434182-lpr.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS6542_74434182-lpr-640x434.jpg\" alt=\"Drakes Bay Oyster Co. workers harvest strings of oysters on Schooner Bay at Point Reyes. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"434\" class=\"size-medium wp-image-141310\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Drakes Bay Oyster Co. workers harvest strings of oysters on Schooner Bay at Point Reyes. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, Tuesday 9:15 a.m.: \u003c/strong>A Monday federal court hearing didn't shed any new light on exactly when the Drakes Bay Oyster Co. will close, but lawyers for both the government and the Point Reyes oyster farm confirm they're in discussions. The two sides told U.S. District Court Judge Yvonne Gonzalez Rogers during a case management hearing that they're in settlement discussions. \u003c/p>\n\u003cp>But one of the attorneys for Drakes Bay owner Kevin Lunny told the San Francisco Chronicle's Kevin Fagan that \u003ca href=\"http://www.sfgate.com/default/article/End-may-be-near-for-Point-Reyes-oyster-farm-5605362.php\" target=\"_blank\">further legal action in the case is still possible\u003c/a>. Lunny is challenging a November 2012 government decision not to renew the oyster farm's lease at Point Reyes National Seashore. \u003c/p>\n\u003cp>\"It's not over until it's over,\" Bazel told Fagan. \"The litigation is still pending.\"\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> Federal government lawyers are expected to discuss a plan for \"the prompt and orderly wind-down\" of Drakes Bay Oyster Co. operations at Point Reyes National Seashore — marking the possible end of a decade-long regulatory and legal battle over the oyster farm.\u003c/p>\n\u003cp>Oyster company owner Kevin Lunny \u003ca href=\"http://ww2.kqed.org/news/2014/06/30/supreme-court-rejects-drakes-bay-oyster-company-appeal/\" target=\"_blank\">lost his apparent last-ditch appeal\u003c/a> last week when the U.S. Supreme Court declined to hear a challenge to orders from the Interior Department, backed up by lower court judges, to shut down his business on Drakes Estero.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Former Interior Secretary Ken Salazar refused to renew Drakes Bay's lease in November 2012, citing a 1972 law that directed the National Park Service to restore the area to wilderness. Lunny purchased the farm in 2004 and had worked to persuade the park service that it should continue operating both for the sake of historical continuity and because its environmental impact was minimal.\u003c/p>\n\u003cp>On Monday afternoon, attorneys for the two sides are scheduled to meet in a case management conference with U.S. District Court Judge Yvonne Gonzalez Rogers, who upheld Salazar's eviction order in February 2013. Salazar's original directive, suspended during 18 months of court appeals, allowed Drakes Bay to continue operation for 90 days.\u003c/p>\n\u003cp>Following the Supreme Court's action last week, government lawyers said they'd send Lunny and his attorneys a letter \"asking that the parties enter into discussions concerning the prompt and orderly wind-down of the plaintiff's [Lunny's] operations.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>However, Lunny's attorneys have held out the possibility of pursuing further legal action, perhaps through an amended lawsuit challenging Salazar's 2012 order.\u003c/p>\n\n","blocks":[],"excerpt":"After U.S. Supreme Court's refusal to hear oyster farm's appeal, attorneys discuss next steps in case.","status":"publish","parent":0,"modified":1404839561,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":428},"headData":{"title":"Feds Pursue 'Prompt Wind-Down' of Drakes Bay Oyster Co. | KQED","description":"After U.S. Supreme Court's refusal to hear oyster farm's appeal, attorneys discuss next steps in case.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"141232 http://ww2.kqed.org/news/?p=141232","disqusUrl":"https://ww2.kqed.org/news/2014/07/08/government-pursue-prompt-wind-down-of-drakes-bay-oyster-co/","disqusTitle":"Feds Pursue 'Prompt Wind-Down' of Drakes Bay Oyster Co. ","customPermalink":"2014/07/07/drakes-bay-oyster-company-kevin-lunny-fights-closure-order/","path":"/news/141232/government-pursue-prompt-wind-down-of-drakes-bay-oyster-co","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_141310\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS6542_74434182-lpr.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS6542_74434182-lpr-640x434.jpg\" alt=\"Drakes Bay Oyster Co. workers harvest strings of oysters on Schooner Bay at Point Reyes. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"434\" class=\"size-medium wp-image-141310\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Drakes Bay Oyster Co. workers harvest strings of oysters on Schooner Bay at Point Reyes. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, Tuesday 9:15 a.m.: \u003c/strong>A Monday federal court hearing didn't shed any new light on exactly when the Drakes Bay Oyster Co. will close, but lawyers for both the government and the Point Reyes oyster farm confirm they're in discussions. The two sides told U.S. District Court Judge Yvonne Gonzalez Rogers during a case management hearing that they're in settlement discussions. \u003c/p>\n\u003cp>But one of the attorneys for Drakes Bay owner Kevin Lunny told the San Francisco Chronicle's Kevin Fagan that \u003ca href=\"http://www.sfgate.com/default/article/End-may-be-near-for-Point-Reyes-oyster-farm-5605362.php\" target=\"_blank\">further legal action in the case is still possible\u003c/a>. Lunny is challenging a November 2012 government decision not to renew the oyster farm's lease at Point Reyes National Seashore. \u003c/p>\n\u003cp>\"It's not over until it's over,\" Bazel told Fagan. \"The litigation is still pending.\"\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> Federal government lawyers are expected to discuss a plan for \"the prompt and orderly wind-down\" of Drakes Bay Oyster Co. operations at Point Reyes National Seashore — marking the possible end of a decade-long regulatory and legal battle over the oyster farm.\u003c/p>\n\u003cp>Oyster company owner Kevin Lunny \u003ca href=\"http://ww2.kqed.org/news/2014/06/30/supreme-court-rejects-drakes-bay-oyster-company-appeal/\" target=\"_blank\">lost his apparent last-ditch appeal\u003c/a> last week when the U.S. Supreme Court declined to hear a challenge to orders from the Interior Department, backed up by lower court judges, to shut down his business on Drakes Estero.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Former Interior Secretary Ken Salazar refused to renew Drakes Bay's lease in November 2012, citing a 1972 law that directed the National Park Service to restore the area to wilderness. Lunny purchased the farm in 2004 and had worked to persuade the park service that it should continue operating both for the sake of historical continuity and because its environmental impact was minimal.\u003c/p>\n\u003cp>On Monday afternoon, attorneys for the two sides are scheduled to meet in a case management conference with U.S. District Court Judge Yvonne Gonzalez Rogers, who upheld Salazar's eviction order in February 2013. Salazar's original directive, suspended during 18 months of court appeals, allowed Drakes Bay to continue operation for 90 days.\u003c/p>\n\u003cp>Following the Supreme Court's action last week, government lawyers said they'd send Lunny and his attorneys a letter \"asking that the parties enter into discussions concerning the prompt and orderly wind-down of the plaintiff's [Lunny's] operations.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>However, Lunny's attorneys have held out the possibility of pursuing further legal action, perhaps through an amended lawsuit challenging Salazar's 2012 order.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/141232/government-pursue-prompt-wind-down-of-drakes-bay-oyster-co","authors":["222"],"programs":["news_6944"],"categories":["news_19906","news_356"],"tags":["news_3548","news_3287"],"featImg":"news_141310","label":"news_6944"},"news_140628":{"type":"posts","id":"news_140628","meta":{"index":"posts_1591205157","site":"news","id":"140628","score":null,"sort":[1404140957000]},"guestAuthors":[],"slug":"justices-wont-hear-oyster-farms-appeal-of-shutdown-order","title":"High Court Won't Hear Drakes Bay Oyster Co.'s Appeal of Shutdown Order","publishDate":1404140957,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_81968\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129.jpg\">\u003cimg class=\"size-medium wp-image-81968\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-640x413.jpg\" alt=\"Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"413\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The U.S. Supreme Court has declined to hear a last-ditch appeal from Marin County's Drakes Bay Oyster Co., the Point Reyes business that has been fighting for a decade to renew its lease at Point Reyes National Seashore.\u003c/p>\n\u003cp>The Supreme Court's decision came without comment and was one in a long list of cases that the tribunal announced it will not consider.\u003c/p>\n\u003cp>In a statement, Drakes Bay said it believes it still has not run out of legal moves:\u003c/p>\n\u003cblockquote>\u003cp>“We are not yet out of options,” said Kevin Lunny, owner of Drakes Bay Oyster Farm. “While we had hoped the Supreme Court would grant our cert petition requesting a review of the Ninth Circuit’s ruling, our Federal case against the government now returns to the District Court, where we will be making decisions over the next few weeks about how to proceed. We are extremely grateful to our customers and supporters for everything they have done for our family and our workers’ families over the years.”\u003c/p>\u003c/blockquote>\n\u003cp>Drakes Bay \u003ca href=\"http://ww2.kqed.org/news/2014/01/14/court-rejects-drakes-bay-oyster-company-request-for-new-hearing\" target=\"_blank\">has lost successive rounds\u003c/a> in its attempt to persuade federal courts that, by denying the oyster farm's attempt to renew a lease that ran out in late 2012, U.S. Secretary of the Interior Ken Salazar had violated both federal environmental and administrative law.\u003c/p>\n\u003cp>Salazar refused to renew the lease based on 1970s legislation that directed the National Park Service to return Drakes Estero, where the oyster farm is located, to wilderness. Salazar's decision required Lunny to shut down his operation and vacate the property.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lunny's statement leaves it unclear on what grounds he might pursue further court action. \u003ca href=\"http://www.drakesbayoyster.com/\" target=\"_blank\">Drakes Bay has remained open\u003c/a> during the 18 months of legal challenges to Salazar's decision.\u003c/p>\n\u003cp>On Monday, KQED's Mina Kim discussed Drakes Bay's options with John Leshy, professor at UC Hastings College of Law:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/156763430&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Point Reyes oyster farm owner says he's contemplating legal options after justices refuse to hear case. ","status":"publish","parent":0,"modified":1404176220,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":341},"headData":{"title":"High Court Won't Hear Drakes Bay Oyster Co.'s Appeal of Shutdown Order | KQED","description":"Point Reyes oyster farm owner says he's contemplating legal options after justices refuse to hear case. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"140628 http://ww2.kqed.org/news/?p=140628","disqusUrl":"https://ww2.kqed.org/news/2014/06/30/justices-wont-hear-oyster-farms-appeal-of-shutdown-order/","disqusTitle":"High Court Won't Hear Drakes Bay Oyster Co.'s Appeal of Shutdown Order","customPermalink":"2014/06/30/supreme-court-rejects-drakes-bay-oyster-company-appeal/","path":"/news/140628/justices-wont-hear-oyster-farms-appeal-of-shutdown-order","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_81968\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129.jpg\">\u003cimg class=\"size-medium wp-image-81968\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-640x413.jpg\" alt=\"Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"413\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The U.S. Supreme Court has declined to hear a last-ditch appeal from Marin County's Drakes Bay Oyster Co., the Point Reyes business that has been fighting for a decade to renew its lease at Point Reyes National Seashore.\u003c/p>\n\u003cp>The Supreme Court's decision came without comment and was one in a long list of cases that the tribunal announced it will not consider.\u003c/p>\n\u003cp>In a statement, Drakes Bay said it believes it still has not run out of legal moves:\u003c/p>\n\u003cblockquote>\u003cp>“We are not yet out of options,” said Kevin Lunny, owner of Drakes Bay Oyster Farm. “While we had hoped the Supreme Court would grant our cert petition requesting a review of the Ninth Circuit’s ruling, our Federal case against the government now returns to the District Court, where we will be making decisions over the next few weeks about how to proceed. We are extremely grateful to our customers and supporters for everything they have done for our family and our workers’ families over the years.”\u003c/p>\u003c/blockquote>\n\u003cp>Drakes Bay \u003ca href=\"http://ww2.kqed.org/news/2014/01/14/court-rejects-drakes-bay-oyster-company-request-for-new-hearing\" target=\"_blank\">has lost successive rounds\u003c/a> in its attempt to persuade federal courts that, by denying the oyster farm's attempt to renew a lease that ran out in late 2012, U.S. Secretary of the Interior Ken Salazar had violated both federal environmental and administrative law.\u003c/p>\n\u003cp>Salazar refused to renew the lease based on 1970s legislation that directed the National Park Service to return Drakes Estero, where the oyster farm is located, to wilderness. Salazar's decision required Lunny to shut down his operation and vacate the property.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lunny's statement leaves it unclear on what grounds he might pursue further court action. \u003ca href=\"http://www.drakesbayoyster.com/\" target=\"_blank\">Drakes Bay has remained open\u003c/a> during the 18 months of legal challenges to Salazar's decision.\u003c/p>\n\u003cp>On Monday, KQED's Mina Kim discussed Drakes Bay's options with John Leshy, professor at UC Hastings College of Law:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/156763430&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/140628/justices-wont-hear-oyster-farms-appeal-of-shutdown-order","authors":["222"],"programs":["news_6944"],"categories":["news_19906","news_6188"],"tags":["news_3548","news_888","news_3931","news_3287"],"featImg":"news_81968","label":"news_6944"},"news_132524":{"type":"posts","id":"news_132524","meta":{"index":"posts_1591205157","site":"news","id":"132524","score":null,"sort":[1397497476000]},"guestAuthors":[],"slug":"drakes-bay-takes-its-case-to-supreme-court","title":"Drakes Bay Oyster Co. Takes Its Case to U.S. Supreme Court","publishDate":1397497476,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Drakes Bay Oyster Co. is taking its running battle with the federal government -- and some environmentalists -- to the U.S. Supreme Court. The company said it has filed a petition with the high court asking for a review of an unfavorable ruling by the 9th U.S. Circuit Court of Appeals. That ruling said federal courts lack jurisdiction to review former Interior Secretary Ken Salazar's 2012 decision to not renew Drakes' operating permit at Point Reyes National Seashore in Marin County.\u003c/p>\n\u003cfigure id=\"attachment_81968\" class=\"wp-caption alignleft\" style=\"max-width: 437px\">\u003cimg class=\" wp-image-81968 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-640x413.jpg\" alt=\"Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\" width=\"437\" height=\"281\">\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>“If this judgment is not overturned, government agencies will have the power to deny a permit to any individual or business for any reason, without judicial review,” said Kevin Lunny, owner of Drakes Bay Oyster Co., in a press release. “Citizens must have recourse in the face of an arbitrary and capricious decision.”\u003c/p>\n\u003cp>The Supreme Court is the last hope for the company to remain operational. In January, the 9th Circuit declined a request by Drakes Bay to rehear the case. The court allowed the company to remain open while it appealed the decision.\u003c/p>\n\u003cp>The Lunny family has run the oyster operation since 2004, when it took over a 40-year lease, issued in 1972 after the federal government bought the land. The company says it produces one-third of all oysters grown in California.\u003c/p>\n\u003cp>KQED's Joshua Johnson talked today to the current leader of the company's legal team, Peter Prow, who said the main question before the court is whether courts have jurisdiction to review agency actions for arbitrariness and capriciousness.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Agencies most of the time do the right thing, but sometimes they make mistakes, sometimes they abuse their power,\" Prow said. \"In this case we think that's exactly what has happened, from the Parks Service and the Department of the Interior, and the 9th Circuit has said we don't even have a chance to have our day in court. And we think that if people can't take agencies to court when agencies misbehave, that's a very troubling precedent for not just the oyster farm but for anyone who deals with the government on any kind of permit or lease or any kind of day-to-day regular application to the government.\"\u003c/p>\n\u003cp>A spokeswoman for the Interior Department said it couldn't comment on pending litigation.\u003c/p>\n\u003cp>News Fix's Dan Brekke recounted the history of the conflict in a \u003ca href=\"http://ww2.kqed.org/news/2014/01/14/court-rejects-drakes-bay-oyster-company-request-for-new-hearing\" target=\"_blank\">blog post\u003c/a> in January.\u003c/p>\n\u003cblockquote>\u003cp>At issue in the case is the conflict between Lunny’s decade-old campaign to win an extension to the oyster company’s lease and National Park Service plans to designate Drakes Estero, the operation’s site, as wilderness. \u003ca href=\"http://www.marinmagazine.com/Marin-Magazine/November-2008/The-Oyster-War/\" target=\"_blank\">Lunny has long maintained \u003c/a>that the park service not only could but should extend the 40-year “reservation of use and occupancy” first granted in 1972 when the government bought the property from the operation’s previous owner. The National Park Service, operating under provisions of the \u003ca href=\"http://www.nps.gov/pore/parkmgmt/upload/lawsandpolicies_publiclaw94_544.pdf\" target=\"_blank\">1976 Point Reyes Wilderness Act\u003c/a>, informed Lunny in 2005 of its intention not to extend the lease beyond its expiration date in 2012.\u003c/p>\n\u003cp>One of Lunny’s chief allies, Sen. Dianne Feinstein, lobbied for an extension of the lease and in 2009 managed to win approval of legislation authorizing the secretary of the Interior to grant a 10-year extension to the Drakes Bay Oyster Co. After a long review process marked by charges that the National Park Service had manipulated data to show the oyster farm was harmful to the environment, \u003ca href=\"http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286\" target=\"_blank\">Salazar declined to extend the lease\u003c/a>.\u003c/p>\n\u003cp>Among other reasons, Salazar cited the government’s original agreement to purchase the oyster farm’s property, Park Service policy limiting commercial operations in national parks and wilderness areas, and the requirements of the 1976 Point Reyes law. He also acknowledged the scientific uncertainty over the oyster operation’s environmental and recreational impacts, but said in his view that studies backed the view that letting the lease expire “would result in long-term beneficial impacts to the estero’s natural environment.”\u003c/p>\n\u003cp>Salazar’s decision required Drakes Bay Oyster Co. to vacate its premises within 120 days, a departure delayed when \u003ca href=\"http://causeofaction.org/assets/uploads/2012/12/115478606-DBOC-Complaint.pdf\" target=\"_blank\">Lunny filed suit in December 2012\u003c/a> to block the Interior secretary’s action. The lawsuit alleged that Salazar had violated the National Environmental Policy Act, which requires an assessment of agency impacts on the human environment, and the federal Administrative Policy Act, which guides government decision-making policies. Ultimately, a federal judge in San Francisco rejected Lunny’s request for a preliminary injunction to halt the Department of Interior’s action, leading to the 9th Circuit appeal and today’s decision denying a rehearing.\u003c/p>\n\u003cp>The case has caused a split between environmental groups that support wilderness restoration at Point Reyes and leaders of the sustainable food movement, who praise Drakes Bay as a model operation. Both sides submitted “friend of the court” briefs during the Drakes Bay appeal. A group of local restaurateurs were among those who \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/general/2013/04/03/13-15227_Drakes_Bay_amicus_brief.pdf\" target=\"_blank\">filed a brief\u003c/a> arguing that closing the operation “would have a broad, negative and immediate impact, on the local economy and the sustainable agriculture and food industry in the San Francisco Bay Area, on the school children of the workers who live in the housing units onsite, and, in the longer term, on food security and the U.S. balance of trade.”\u003c/p>\u003c/blockquote>\n\u003cp>The case has become a cause celebrate of sorts for libertarian-leaning organizations, and Drakes has been supported by the conservative Pacific Legal Foundation, which \u003ca href=\"http://www.pacificlegal.org/cases#section=tab2\" target=\"_blank\">frequently sues\u003c/a> government agencies on behalf of businesses and individuals. Earlier on in the case, the issue was taken up by Cause of Action, an anti-government group led by a lawyer with ties to the Charles Koch Foundation. From Kelly O'Mara's \u003ca href=\"http://www.callawyer.com/clstory.cfm?eid=933766&wteid=933766_It%27s_Not_Just_About_the_Oysters\" target=\"_blank\">piece\u003c/a> last month for California Lawyer:\u003c/p>\n\u003cblockquote>\u003cp>Accepting Cause of Action's help seemed sensible to Lunny at first, since it was free. But he ended the relationship soon after PBS \u003cem>NewsHour\u003c/em> aired a segment in May 2013 that mentioned the group's involvement. Lunny says his frustration was less about bad PR than the fact that Cause of Action had used his name in publicizing unrelated issues and in arguing for a newspaper to reveal unnamed sources who criticized the oyster farm in a story. But the group's involvement cemented Drakes Bay's position in the center of larger national debates over conservation, management of all types of federal land, and the limits of federal authority. It also made clear how important a precedent Lunny's case could set.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: Amy Trainer, Executive Director of the West Marin Environmental Action Committee, which opposes a new lease for Drakes Bay Oyster Co., writes in an editorial for the East Bay Express that the company's petition to the Supreme Court is \"full of false statements of fact and exaggerations,\" calling it a \"desperate move full of desperate arguments.\" You can \u003ca href=\"http://www.eastbayexpress.com/SevenDays/archives/2014/04/14/opinion-dont-be-fooled-by-drakes-bay-oyster-companys-supreme-court-petition\" target=\"_blank\">read her opinion of this latest legal maneuver in the case here\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"It is last hope to remain operational for family that bought business in 2004, took over 40-year lease. ","status":"publish","parent":0,"modified":1397521725,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":1210},"headData":{"title":"Drakes Bay Oyster Co. Takes Its Case to U.S. Supreme Court | KQED","description":"It is last hope to remain operational for family that bought business in 2004, took over 40-year lease. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"132524 http://ww2.kqed.org/news/?p=132524","disqusUrl":"https://ww2.kqed.org/news/2014/04/14/drakes-bay-takes-its-case-to-supreme-court/","disqusTitle":"Drakes Bay Oyster Co. Takes Its Case to U.S. Supreme Court","customPermalink":"2014/04/14/drakes-bay-supreme-court/","path":"/news/132524/drakes-bay-takes-its-case-to-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Drakes Bay Oyster Co. is taking its running battle with the federal government -- and some environmentalists -- to the U.S. Supreme Court. The company said it has filed a petition with the high court asking for a review of an unfavorable ruling by the 9th U.S. Circuit Court of Appeals. That ruling said federal courts lack jurisdiction to review former Interior Secretary Ken Salazar's 2012 decision to not renew Drakes' operating permit at Point Reyes National Seashore in Marin County.\u003c/p>\n\u003cfigure id=\"attachment_81968\" class=\"wp-caption alignleft\" style=\"max-width: 437px\">\u003cimg class=\" wp-image-81968 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-640x413.jpg\" alt=\"Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\" width=\"437\" height=\"281\">\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>“If this judgment is not overturned, government agencies will have the power to deny a permit to any individual or business for any reason, without judicial review,” said Kevin Lunny, owner of Drakes Bay Oyster Co., in a press release. “Citizens must have recourse in the face of an arbitrary and capricious decision.”\u003c/p>\n\u003cp>The Supreme Court is the last hope for the company to remain operational. In January, the 9th Circuit declined a request by Drakes Bay to rehear the case. The court allowed the company to remain open while it appealed the decision.\u003c/p>\n\u003cp>The Lunny family has run the oyster operation since 2004, when it took over a 40-year lease, issued in 1972 after the federal government bought the land. The company says it produces one-third of all oysters grown in California.\u003c/p>\n\u003cp>KQED's Joshua Johnson talked today to the current leader of the company's legal team, Peter Prow, who said the main question before the court is whether courts have jurisdiction to review agency actions for arbitrariness and capriciousness.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Agencies most of the time do the right thing, but sometimes they make mistakes, sometimes they abuse their power,\" Prow said. \"In this case we think that's exactly what has happened, from the Parks Service and the Department of the Interior, and the 9th Circuit has said we don't even have a chance to have our day in court. And we think that if people can't take agencies to court when agencies misbehave, that's a very troubling precedent for not just the oyster farm but for anyone who deals with the government on any kind of permit or lease or any kind of day-to-day regular application to the government.\"\u003c/p>\n\u003cp>A spokeswoman for the Interior Department said it couldn't comment on pending litigation.\u003c/p>\n\u003cp>News Fix's Dan Brekke recounted the history of the conflict in a \u003ca href=\"http://ww2.kqed.org/news/2014/01/14/court-rejects-drakes-bay-oyster-company-request-for-new-hearing\" target=\"_blank\">blog post\u003c/a> in January.\u003c/p>\n\u003cblockquote>\u003cp>At issue in the case is the conflict between Lunny’s decade-old campaign to win an extension to the oyster company’s lease and National Park Service plans to designate Drakes Estero, the operation’s site, as wilderness. \u003ca href=\"http://www.marinmagazine.com/Marin-Magazine/November-2008/The-Oyster-War/\" target=\"_blank\">Lunny has long maintained \u003c/a>that the park service not only could but should extend the 40-year “reservation of use and occupancy” first granted in 1972 when the government bought the property from the operation’s previous owner. The National Park Service, operating under provisions of the \u003ca href=\"http://www.nps.gov/pore/parkmgmt/upload/lawsandpolicies_publiclaw94_544.pdf\" target=\"_blank\">1976 Point Reyes Wilderness Act\u003c/a>, informed Lunny in 2005 of its intention not to extend the lease beyond its expiration date in 2012.\u003c/p>\n\u003cp>One of Lunny’s chief allies, Sen. Dianne Feinstein, lobbied for an extension of the lease and in 2009 managed to win approval of legislation authorizing the secretary of the Interior to grant a 10-year extension to the Drakes Bay Oyster Co. After a long review process marked by charges that the National Park Service had manipulated data to show the oyster farm was harmful to the environment, \u003ca href=\"http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286\" target=\"_blank\">Salazar declined to extend the lease\u003c/a>.\u003c/p>\n\u003cp>Among other reasons, Salazar cited the government’s original agreement to purchase the oyster farm’s property, Park Service policy limiting commercial operations in national parks and wilderness areas, and the requirements of the 1976 Point Reyes law. He also acknowledged the scientific uncertainty over the oyster operation’s environmental and recreational impacts, but said in his view that studies backed the view that letting the lease expire “would result in long-term beneficial impacts to the estero’s natural environment.”\u003c/p>\n\u003cp>Salazar’s decision required Drakes Bay Oyster Co. to vacate its premises within 120 days, a departure delayed when \u003ca href=\"http://causeofaction.org/assets/uploads/2012/12/115478606-DBOC-Complaint.pdf\" target=\"_blank\">Lunny filed suit in December 2012\u003c/a> to block the Interior secretary’s action. The lawsuit alleged that Salazar had violated the National Environmental Policy Act, which requires an assessment of agency impacts on the human environment, and the federal Administrative Policy Act, which guides government decision-making policies. Ultimately, a federal judge in San Francisco rejected Lunny’s request for a preliminary injunction to halt the Department of Interior’s action, leading to the 9th Circuit appeal and today’s decision denying a rehearing.\u003c/p>\n\u003cp>The case has caused a split between environmental groups that support wilderness restoration at Point Reyes and leaders of the sustainable food movement, who praise Drakes Bay as a model operation. Both sides submitted “friend of the court” briefs during the Drakes Bay appeal. A group of local restaurateurs were among those who \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/general/2013/04/03/13-15227_Drakes_Bay_amicus_brief.pdf\" target=\"_blank\">filed a brief\u003c/a> arguing that closing the operation “would have a broad, negative and immediate impact, on the local economy and the sustainable agriculture and food industry in the San Francisco Bay Area, on the school children of the workers who live in the housing units onsite, and, in the longer term, on food security and the U.S. balance of trade.”\u003c/p>\u003c/blockquote>\n\u003cp>The case has become a cause celebrate of sorts for libertarian-leaning organizations, and Drakes has been supported by the conservative Pacific Legal Foundation, which \u003ca href=\"http://www.pacificlegal.org/cases#section=tab2\" target=\"_blank\">frequently sues\u003c/a> government agencies on behalf of businesses and individuals. Earlier on in the case, the issue was taken up by Cause of Action, an anti-government group led by a lawyer with ties to the Charles Koch Foundation. From Kelly O'Mara's \u003ca href=\"http://www.callawyer.com/clstory.cfm?eid=933766&wteid=933766_It%27s_Not_Just_About_the_Oysters\" target=\"_blank\">piece\u003c/a> last month for California Lawyer:\u003c/p>\n\u003cblockquote>\u003cp>Accepting Cause of Action's help seemed sensible to Lunny at first, since it was free. But he ended the relationship soon after PBS \u003cem>NewsHour\u003c/em> aired a segment in May 2013 that mentioned the group's involvement. Lunny says his frustration was less about bad PR than the fact that Cause of Action had used his name in publicizing unrelated issues and in arguing for a newspaper to reveal unnamed sources who criticized the oyster farm in a story. But the group's involvement cemented Drakes Bay's position in the center of larger national debates over conservation, management of all types of federal land, and the limits of federal authority. It also made clear how important a precedent Lunny's case could set.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: Amy Trainer, Executive Director of the West Marin Environmental Action Committee, which opposes a new lease for Drakes Bay Oyster Co., writes in an editorial for the East Bay Express that the company's petition to the Supreme Court is \"full of false statements of fact and exaggerations,\" calling it a \"desperate move full of desperate arguments.\" You can \u003ca href=\"http://www.eastbayexpress.com/SevenDays/archives/2014/04/14/opinion-dont-be-fooled-by-drakes-bay-oyster-companys-supreme-court-petition\" target=\"_blank\">read her opinion of this latest legal maneuver in the case here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/132524/drakes-bay-takes-its-case-to-supreme-court","authors":["80"],"programs":["news_6944"],"categories":["news_19906","news_8"],"tags":["news_3548","news_333","news_152"],"featImg":"news_81968","label":"news_6944"},"news_123365":{"type":"posts","id":"news_123365","meta":{"index":"posts_1591205157","site":"news","id":"123365","score":null,"sort":[1389809732000]},"guestAuthors":[],"slug":"appeals-court-rejects-drakes-bay-oyster-co-bid-for-new-hearing","title":"Drakes Bay Oyster Co. Owner Says He'll Take Case to High Court","publishDate":1389809732,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_81968\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-medium wp-image-81968\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-640x413.jpg\" alt=\"Strings of mother shells for growing oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"413\">\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells for growing oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday 10:15 a.m.:\u003c/strong> The owner of the Drakes Bay Oyster Co. says he'll appeal his imminent eviction from Point Reyes National Seashore to the U.S. Supreme Court. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco on Tuesday rejected Kevin Lunny's request for a rehearing of his case. Lunny has been seeking to overturn a 2012 decision by former Interior Secretary Ken Salazar to end the oyster operation's lease at the seashore and allow the National Park Service to proceed with plans to convert the property to wilderness uses. But Lunny says he isn't finished yet.\u003c/p>\n\u003cp>As \u003ca href=\"http://www.marinij.com/ci_24909002/court-denies-drakes-bay-oyster-co-petition-have\" target=\"_blank\">the Marin Independent Journal reports\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Lunny said in a statement late Tuesday he will take his fight to the Supreme Court.\u003c/p>\n\u003cp>\"We believe the court's decision not to rehear our case is incorrect, and that the dissenting opinion from Judge Watford will prevail,\" Lunny said. \"Because of that, we are requesting our case be heard by the U.S. Supreme Court. We are grateful for our thousands of supporters, partners, customers and patrons that have supported our small, family-owned farm for four generations. We remain committed to succeeding in our fight to remain open and serve our community.\"\u003c/p>\n\u003cp>In a September ruling 9th Circuit Judge Paul J. Watford wrote in a dissenting opinion Lunny's request for an injunction should have been granted. That provided the oyster company's supporters hope the court might re-consider that 2-1 ruling.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post (Tuesday): \u003c/strong>The 9th U.S. Circuit Court of Appeals has closed another legal door on the Drakes Bay Oyster Co.'s bid to reverse a federal decision that will force it to shut down.\u003c/p>\n\u003cp>The court today announced that a three-judge panel \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/general/2014/01/14/13-15227_order_amended_opinion.pdf\" target=\"_blank\">voted 2-1 against Drakes Bay's request\u003c/a> for an en banc hearing of its case, which challenges former Interior Secretary Kenneth Salazar's refusal to grant an extension of the oyster operation's lease at Point Reyes National Seashore. By the same vote, the same panel last September rejected an appeal from Drakes Bay owner Kevin Lunny for a preliminary injunction to head off the eviction.\u003c/p>\n\u003cp>At issue in the case is the conflict between Lunny's decade-old campaign to win an extension to the oyster company's lease and National Park Service plans to designate Drakes Estero, the operation's site, as wilderness. \u003ca href=\"http://www.marinmagazine.com/Marin-Magazine/November-2008/The-Oyster-War/\" target=\"_blank\">Lunny has long maintained \u003c/a>that the park service not only could but should extend the 40-year \"reservation of use and occupancy\" first granted in 1972 when the government bought the property from the operation's previous owner. The National Park Service, operating under provisions of the \u003ca href=\"http://www.nps.gov/pore/parkmgmt/upload/lawsandpolicies_publiclaw94_544.pdf\" target=\"_blank\">1976 Point Reyes Wilderness Act\u003c/a>, informed Lunny in 2005 of its intention not to extend the lease beyond its expiration date in 2012.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>One of Lunny's chief allies, Sen. Dianne Feinstein, lobbied for an extension of the lease and in 2009 managed to win approval of legislation authorizing the secretary of the Interior to grant a 10-year extension to the Drakes Bay Oyster Co. After a long review process marked by charges that the National Park Service had manipulated data to show the oyster farm was harmful to the environment, \u003ca href=\"http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286\" target=\"_blank\">Salazar declined to extend the lease\u003c/a>.\u003c/p>\n\u003cp>Among other reasons, Salazar cited the government's original agreement to purchase the oyster farm's property, Park Service policy limiting commercial operations in national parks and wilderness areas, and the requirements of the 1976 Point Reyes law. He also acknowledged the scientific uncertainty over the oyster operation's environmental and recreational impacts, but said in his view that studies backed the view that letting the lease expire \"would result in long-term beneficial impacts to the estero’s natural environment.\"\u003c/p>\n\u003cp>Salazar's decision required Drakes Bay Oyster Co. to vacate its premises within 120 days, a departure delayed when \u003ca href=\"http://causeofaction.org/assets/uploads/2012/12/115478606-DBOC-Complaint.pdf\" target=\"_blank\">Lunny filed suit in December 2012\u003c/a> to block the Interior secretary's action. The lawsuit alleged that Salazar had violated the National Environmental Policy Act, which requires an assessment of agency impacts on the human environment, and the federal Administrative Policy Act, which guides government decision-making policies. Ultimately, a federal judge in San Francisco rejected Lunny's request for a preliminary injunction to halt the Department of Interior's action, leading to the 9th Circuit appeal and today's decision denying a rehearing.\u003c/p>\n\u003cp>The case has caused a split between environmental groups that support wilderness restoration at Point Reyes and leaders of the sustainable food movement, who praise Drakes Bay as a model operation. Both sides submitted \"friend of the court\" briefs during the Drakes Bay appeal. A group of local restaurateurs were among those who \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/general/2013/04/03/13-15227_Drakes_Bay_amicus_brief.pdf\" target=\"_blank\">filed a brief\u003c/a> arguing that closing the operation \"would have a broad, negative and immediate impact, on the local economy and the sustainable agriculture and food industry in the San Francisco Bay Area, on the school children of the workers who live in the housing units onsite, and, in the longer term, on food security and the U.S. balance of trade.\"\u003c/p>\n\u003cp>Today's decision to deny the en banc review, in which a larger panel of 9th Circuit judges would have considered Lunny's request, leaves just one option for a further appeal: The U.S. Supreme Court.\u003c/p>\n\u003cp>Peter Prows, one of several lawyers who has represented Lunny in fighting the Interior Department's decision, said in December that he was prepared to take the case to the nation's highest court if the en banc hearing was denied. \"I don't see any reason why we wouldn't take it to the Supreme Court,\" he \u003ca href=\"http://www.marinij.com/ci_24648124/appeals-court-urged-reject-drakes-bay-oyster-case\" target=\"_blank\">told the Santa Rosa Press Democrat\u003c/a>. \"It's a bigger issue than just the oyster farm.\"\u003c/p>\n\u003cp>\u003ca href=\"http://www.sfgate.com/bayarea/article/Drake-s-Bay-Oyster-Co-s-options-are-running-out-5142560.php\" target=\"_blank\">The San Francisco Chronicle reports\u003c/a> the company is considering further legal action:\u003c/p>\n\u003cblockquote>\u003cp>Spokeswoman Tina Walker said the company is \"strongly considering\" a Supreme Court appeal, and disagrees with the Ninth Circuit's decision to \"eject our historic, family-owned oyster farm.\"\u003c/p>\u003c/blockquote>\n\u003cp>Drakes Bay Oyster Co. has been allowed to continue operating while its case has been litigated. It would need to seek another court order to remain open while appealing to the Supreme Court.\u003c/p>\n\u003cp>Here's the ruling released today by the 9th Circuit:\u003c/p>\n\u003cp>\u003ciframe id=\"doc_73963\" src=\"//www.scribd.com/embeds/199698950/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Reporting on California land policy, planning and conservation is supported by a grant from the S.D. Bechtel Jr. Foundation.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Appeal to Supreme Court last legal option for Point Reyes oyster farm after losing lower-court bid. ","status":"publish","parent":0,"modified":1397424755,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1088},"headData":{"title":"Drakes Bay Oyster Co. Owner Says He'll Take Case to High Court | KQED","description":"Appeal to Supreme Court last legal option for Point Reyes oyster farm after losing lower-court bid. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"123365 http://ww2.kqed.org/news/?p=123365","disqusUrl":"https://ww2.kqed.org/news/2014/01/15/appeals-court-rejects-drakes-bay-oyster-co-bid-for-new-hearing/","disqusTitle":"Drakes Bay Oyster Co. Owner Says He'll Take Case to High Court","customPermalink":"2014/01/14/court-rejects-drakes-bay-oyster-company-request-for-new-hearing/","path":"/news/123365/appeals-court-rejects-drakes-bay-oyster-co-bid-for-new-hearing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_81968\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-medium wp-image-81968\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-640x413.jpg\" alt=\"Strings of mother shells for growing oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"413\">\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells for growing oysters at Drakes Bay Oyster Co., in 2007 photo. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday 10:15 a.m.:\u003c/strong> The owner of the Drakes Bay Oyster Co. says he'll appeal his imminent eviction from Point Reyes National Seashore to the U.S. Supreme Court. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco on Tuesday rejected Kevin Lunny's request for a rehearing of his case. Lunny has been seeking to overturn a 2012 decision by former Interior Secretary Ken Salazar to end the oyster operation's lease at the seashore and allow the National Park Service to proceed with plans to convert the property to wilderness uses. But Lunny says he isn't finished yet.\u003c/p>\n\u003cp>As \u003ca href=\"http://www.marinij.com/ci_24909002/court-denies-drakes-bay-oyster-co-petition-have\" target=\"_blank\">the Marin Independent Journal reports\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Lunny said in a statement late Tuesday he will take his fight to the Supreme Court.\u003c/p>\n\u003cp>\"We believe the court's decision not to rehear our case is incorrect, and that the dissenting opinion from Judge Watford will prevail,\" Lunny said. \"Because of that, we are requesting our case be heard by the U.S. Supreme Court. We are grateful for our thousands of supporters, partners, customers and patrons that have supported our small, family-owned farm for four generations. We remain committed to succeeding in our fight to remain open and serve our community.\"\u003c/p>\n\u003cp>In a September ruling 9th Circuit Judge Paul J. Watford wrote in a dissenting opinion Lunny's request for an injunction should have been granted. That provided the oyster company's supporters hope the court might re-consider that 2-1 ruling.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post (Tuesday): \u003c/strong>The 9th U.S. Circuit Court of Appeals has closed another legal door on the Drakes Bay Oyster Co.'s bid to reverse a federal decision that will force it to shut down.\u003c/p>\n\u003cp>The court today announced that a three-judge panel \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/general/2014/01/14/13-15227_order_amended_opinion.pdf\" target=\"_blank\">voted 2-1 against Drakes Bay's request\u003c/a> for an en banc hearing of its case, which challenges former Interior Secretary Kenneth Salazar's refusal to grant an extension of the oyster operation's lease at Point Reyes National Seashore. By the same vote, the same panel last September rejected an appeal from Drakes Bay owner Kevin Lunny for a preliminary injunction to head off the eviction.\u003c/p>\n\u003cp>At issue in the case is the conflict between Lunny's decade-old campaign to win an extension to the oyster company's lease and National Park Service plans to designate Drakes Estero, the operation's site, as wilderness. \u003ca href=\"http://www.marinmagazine.com/Marin-Magazine/November-2008/The-Oyster-War/\" target=\"_blank\">Lunny has long maintained \u003c/a>that the park service not only could but should extend the 40-year \"reservation of use and occupancy\" first granted in 1972 when the government bought the property from the operation's previous owner. The National Park Service, operating under provisions of the \u003ca href=\"http://www.nps.gov/pore/parkmgmt/upload/lawsandpolicies_publiclaw94_544.pdf\" target=\"_blank\">1976 Point Reyes Wilderness Act\u003c/a>, informed Lunny in 2005 of its intention not to extend the lease beyond its expiration date in 2012.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One of Lunny's chief allies, Sen. Dianne Feinstein, lobbied for an extension of the lease and in 2009 managed to win approval of legislation authorizing the secretary of the Interior to grant a 10-year extension to the Drakes Bay Oyster Co. After a long review process marked by charges that the National Park Service had manipulated data to show the oyster farm was harmful to the environment, \u003ca href=\"http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286\" target=\"_blank\">Salazar declined to extend the lease\u003c/a>.\u003c/p>\n\u003cp>Among other reasons, Salazar cited the government's original agreement to purchase the oyster farm's property, Park Service policy limiting commercial operations in national parks and wilderness areas, and the requirements of the 1976 Point Reyes law. He also acknowledged the scientific uncertainty over the oyster operation's environmental and recreational impacts, but said in his view that studies backed the view that letting the lease expire \"would result in long-term beneficial impacts to the estero’s natural environment.\"\u003c/p>\n\u003cp>Salazar's decision required Drakes Bay Oyster Co. to vacate its premises within 120 days, a departure delayed when \u003ca href=\"http://causeofaction.org/assets/uploads/2012/12/115478606-DBOC-Complaint.pdf\" target=\"_blank\">Lunny filed suit in December 2012\u003c/a> to block the Interior secretary's action. The lawsuit alleged that Salazar had violated the National Environmental Policy Act, which requires an assessment of agency impacts on the human environment, and the federal Administrative Policy Act, which guides government decision-making policies. Ultimately, a federal judge in San Francisco rejected Lunny's request for a preliminary injunction to halt the Department of Interior's action, leading to the 9th Circuit appeal and today's decision denying a rehearing.\u003c/p>\n\u003cp>The case has caused a split between environmental groups that support wilderness restoration at Point Reyes and leaders of the sustainable food movement, who praise Drakes Bay as a model operation. Both sides submitted \"friend of the court\" briefs during the Drakes Bay appeal. A group of local restaurateurs were among those who \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/general/2013/04/03/13-15227_Drakes_Bay_amicus_brief.pdf\" target=\"_blank\">filed a brief\u003c/a> arguing that closing the operation \"would have a broad, negative and immediate impact, on the local economy and the sustainable agriculture and food industry in the San Francisco Bay Area, on the school children of the workers who live in the housing units onsite, and, in the longer term, on food security and the U.S. balance of trade.\"\u003c/p>\n\u003cp>Today's decision to deny the en banc review, in which a larger panel of 9th Circuit judges would have considered Lunny's request, leaves just one option for a further appeal: The U.S. Supreme Court.\u003c/p>\n\u003cp>Peter Prows, one of several lawyers who has represented Lunny in fighting the Interior Department's decision, said in December that he was prepared to take the case to the nation's highest court if the en banc hearing was denied. \"I don't see any reason why we wouldn't take it to the Supreme Court,\" he \u003ca href=\"http://www.marinij.com/ci_24648124/appeals-court-urged-reject-drakes-bay-oyster-case\" target=\"_blank\">told the Santa Rosa Press Democrat\u003c/a>. \"It's a bigger issue than just the oyster farm.\"\u003c/p>\n\u003cp>\u003ca href=\"http://www.sfgate.com/bayarea/article/Drake-s-Bay-Oyster-Co-s-options-are-running-out-5142560.php\" target=\"_blank\">The San Francisco Chronicle reports\u003c/a> the company is considering further legal action:\u003c/p>\n\u003cblockquote>\u003cp>Spokeswoman Tina Walker said the company is \"strongly considering\" a Supreme Court appeal, and disagrees with the Ninth Circuit's decision to \"eject our historic, family-owned oyster farm.\"\u003c/p>\u003c/blockquote>\n\u003cp>Drakes Bay Oyster Co. has been allowed to continue operating while its case has been litigated. It would need to seek another court order to remain open while appealing to the Supreme Court.\u003c/p>\n\u003cp>Here's the ruling released today by the 9th Circuit:\u003c/p>\n\u003cp>\u003ciframe id=\"doc_73963\" src=\"//www.scribd.com/embeds/199698950/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Reporting on California land policy, planning and conservation is supported by a grant from the S.D. Bechtel Jr. Foundation.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/123365/appeals-court-rejects-drakes-bay-oyster-co-bid-for-new-hearing","authors":["222"],"programs":["news_6944"],"categories":["news_19906","news_13","news_356"],"tags":["news_3548","news_3931","news_5507","news_3729","news_3287"],"featImg":"news_81968","label":"news_6944"},"news_87219":{"type":"posts","id":"news_87219","meta":{"index":"posts_1591205157","site":"news","id":"87219","score":null,"sort":[1359133547000]},"guestAuthors":[],"slug":"oyster-farm-challenges-eviction-from-park-in-court","title":"Drake's Bay Oyster Farm Challenges Eviction From Park in Court","publishDate":1359133547,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>Update: \u003c/strong>The court did not issue a ruling on Friday, said Mary Beth Hutchins of Cause of Action, the public interest group representing Drake's Bay Oyster Company, and it gave no indication of when the ruling might come.\u003c/p>\n\u003cfigure id=\"attachment_81968\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2012/12/04/pt-reyes-oyster-farm-sues-government/oyster-fisherman-battles-national-park-service-over-harvest-rights/\" rel=\"attachment wp-att-81968\">\u003cimg class=\"size-medium wp-image-81968\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-300x193.jpg\" alt=\"Strings of mother shells that will contain baby oysters to be farmed are seen at the Drakes Bay Oyster Co., June 7, 2007 in Point Reyes Station, California. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"193\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters to be farmed are seen at the Drakes Bay Oyster Co., June 7, 2007 in Point Reyes Station, California. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND, Calif. (AP) A federal judge will decide whether an historic oyster farm can continue operating in Point Reyes National Seashore while the company's lawsuit against its eviction is being heard.\u003c/p>\n\u003cp>The U.S. District Court hearing on Friday is a last-ditch effort by the [Drake's Bay Oyster] farm, which was evicted from Point Reyes National Seashore Nov. 29 after its 40-year lease expired.\u003c/p>\n\u003cp>Interior Secretary Ken Salazar said the lease was meant to expire so the land could be returned to wilderness status.\u003c/p>\n\u003cp>The Interior Department has given the farm until March 15 to remove all of its property from the park.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oyster farm owner Kevin Lunny sued, saying Salazar did not rely on scientific evidence to make his decision.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1359161093,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":198},"headData":{"title":"Drake's Bay Oyster Farm Challenges Eviction From Park in Court | KQED","description":"Update: The court did not issue a ruling on Friday, said Mary Beth Hutchins of Cause of Action, the public interest group representing Drake's Bay Oyster Company, and it gave no indication of when the ruling might come. OAKLAND, Calif. (AP) A federal judge will decide whether an historic oyster farm can continue operating in","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"87219 http://ww2.kqed.org/news/?p=87219","disqusUrl":"https://ww2.kqed.org/news/2013/01/25/oyster-farm-challenges-eviction-from-park-in-court/","disqusTitle":"Drake's Bay Oyster Farm Challenges Eviction From Park in Court","path":"/news/87219/oyster-farm-challenges-eviction-from-park-in-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update: \u003c/strong>The court did not issue a ruling on Friday, said Mary Beth Hutchins of Cause of Action, the public interest group representing Drake's Bay Oyster Company, and it gave no indication of when the ruling might come.\u003c/p>\n\u003cfigure id=\"attachment_81968\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2012/12/04/pt-reyes-oyster-farm-sues-government/oyster-fisherman-battles-national-park-service-over-harvest-rights/\" rel=\"attachment wp-att-81968\">\u003cimg class=\"size-medium wp-image-81968\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-300x193.jpg\" alt=\"Strings of mother shells that will contain baby oysters to be farmed are seen at the Drakes Bay Oyster Co., June 7, 2007 in Point Reyes Station, California. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"193\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters to be farmed are seen at the Drakes Bay Oyster Co., June 7, 2007 in Point Reyes Station, California. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND, Calif. (AP) A federal judge will decide whether an historic oyster farm can continue operating in Point Reyes National Seashore while the company's lawsuit against its eviction is being heard.\u003c/p>\n\u003cp>The U.S. District Court hearing on Friday is a last-ditch effort by the [Drake's Bay Oyster] farm, which was evicted from Point Reyes National Seashore Nov. 29 after its 40-year lease expired.\u003c/p>\n\u003cp>Interior Secretary Ken Salazar said the lease was meant to expire so the land could be returned to wilderness status.\u003c/p>\n\u003cp>The Interior Department has given the farm until March 15 to remove all of its property from the park.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oyster farm owner Kevin Lunny sued, saying Salazar did not rely on scientific evidence to make his decision.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/87219/oyster-farm-challenges-eviction-from-park-in-court","authors":["237"],"programs":["news_6944"],"categories":["news_19906","news_8"],"tags":["news_3548","news_3780","news_3287"],"label":"news_6944"},"news_81953":{"type":"posts","id":"news_81953","meta":{"index":"posts_1591205157","site":"news","id":"81953","score":null,"sort":[1354647606000]},"guestAuthors":[],"slug":"pt-reyes-oyster-farm-sues-government","title":"Pt. Reyes Oyster Farm Sues Government","publishDate":1354647606,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cem>by Laird Harrison and Jon Brooks\u003c/em>\u003c/p>\n\u003cp>The owners of an oyster farm at Point Reyes National Seashore are suing to stop the federal government from putting them out of business.\u003c/p>\n\u003cfigure id=\"attachment_81968\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129.jpg\">\u003cimg class=\"size-medium wp-image-81968\" title=\"Oyster Fisherman Battles National Park Service Over Harvest Rights\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-300x193.jpg\" alt=\"\" width=\"300\" height=\"193\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters to be farmed are seen at the Drakes Bay Oysterf Co., 2007 in Point Reyes Station. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Last Thursday, Interior Secretary Kenneth Salazar \u003ca href=\"http://ww2.kqed.org/news/2012/11/29/feds-deny-oyster-farm-lease-renewal/\">denied the Lunny family's request\u003c/a> for a 10-year extension of their lease to operate \u003ca href=\"http://www.drakesbayoyster.com/\" target=\"_blank\">Drakes Bay Oyster Co\u003c/a>. on the federal land.\u003c/p>\n\u003cp>In their lawsuit, the Lunny family doesn't deny that their lease expired, but rather alleges that the government did not follow proper procedures in making its decision -- such as giving notice of an environmental impact report.\u003c/p>\n\u003cp>To represent it in the case, the Lunny family has engaged \u003ca href=\"http://causeofaction.org/\" target=\"_blank\">Cause of Action\u003c/a>, a nonprofit organization that describes itself as investigating and exposing “federal government corruption, waste, cronyism, and fraud.\" \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The effects of the oyster farm on the bay are in dispute. The Lunny family says the operation has had a \"positive impact,\" while the California Coastal Commission \u003ca href=\"http://www.savepointreyeswilderness.org/wp-content/uploads/2012/02/CCC-ltr-to-DBOC-re-noncompliance-Feb-1-2012.pdf\">has complained \u003c/a>that the farm littered the water with plastic and disturbed harbor seals with motorboats.\u003c/p>\n\u003cp>On Monday, Cause of Action sent out a \u003ca href=\"http://www.drakesbayoyster.com/files/121203%20DBOC%20press%20statement.pdf\" target=\"_blank\">press release\u003c/a> with the following statement from Kevin Lunny:\u003c/p>\n\u003cblockquote>\u003cp>We have been a dedicated small family farm for four generations in the West Marin community and when we purchased Drakes Bay Oyster Company seven years ago, we saw an opportunity to revive a part of our community that would provide local jobs, sustainable products for local businesses, and a positive long-term impact on the Bay itself.\u003c/p>\n\u003cp>The National Park Service has not just shut down our business, but has misrepresented the law, our contracts with the State of California, and the results of scientific studies.\u003c/p>\n\u003cp>Our family business is not going to sit back and let the government steam roll our community, which has been incredibly supportive of us. We are exploring possible responses to the National Park Service and will be taking legal action against them soon. We are not walking away, instead we are fighting for our community, our employees, and our family against a federal government that seems to value lies over the truth and special interests over the welfare of a community.\u003c/p>\u003c/blockquote>\n\u003cp>And last Friday, KQED Science's Lauren Sommer talked to Kevin Lunny, who said the following:\u003c/p>\n\u003cp>\"We're devastated, we're horribly disappointed. I was at the farm when I received a call from the Secretary of the Interior. Secretary Salazar told me of his decision… We had to deliver that message to our 30+ workers... To think that this is the end of an 80+ year tradition of producing food for the Bay Area, hosting visitors as a destination, the history and the culture of a coastal community coming to an end, losing these people in our schools and our churches…they're losing they're homes, too. …this is a devastating blow that will resound for a very long time in West Marin.\"\u003c/p>\n\u003cp>When asked about the fact that he bought the operation knowing that renewal of the lease wasn't guaranteed, he said:\u003c/p>\n\u003cp>\"We did our due diligence, and we saw that authorities that we were working under expired in 2012, just like any lease or any agreement has a beginning and ending date; but it's explicitly renewable… We had hoped that we could show this could be done right and they could exercise their right of renewal. We knew that it was possible they would do something like this, but we really didn't think it could actually happen.\"\u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/lunnydecision1.mp3\">listen to more from the edited interview here\u003c/a>:\u003c/p>\n\u003cp>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/lunnydecision1.mp3|titles=lunnydecision]\u003c/p>\n\u003cp>The Interior Department responded to the filing of the lawsuit today with this brief statement:\u003c/p>\n\u003cblockquote>\u003cp>The Secretary made his decision after careful consideration of the applicable law and policy. The Department will carefully review the complaint and any related materials that may be filed. The Department does not comment on litigation.\u003c/p>\u003c/blockquote>\n\u003cp>In its \u003ca href=\"http://www.doi.gov/news/pressreleases/secretary-salazar-issues-decision-on-point-reyes-national-seashore-permit.cfm\">original press release\u003c/a>, the department said it was fulfilling the original intention of Congress in designating the seashore as wilderness:\u003c/p>\n\u003cblockquote>\u003cp>Carrying out steps set in motion by the United States Congress over three decades ago, we are taking the final step to recognize this pristine area as wilderness,” said Salazar. “The Estero is one of our nation’s crown jewels, and today we are fulfilling the vision to protect this special place for generations to come.”\u003c/p>\u003c/blockquote>\n\u003cp>For more details on the department's legal reasoning, you can read \u003ca href=\"http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286\">this memo.\u003c/a>\u003c/p>\n\u003cp>Here's a good \u003ca href=\"http://www.marinmagazine.com/Marin-Magazine/November-2008/The-Oyster-War/\" target=\"_blank\">background piece on the early years of the dispute\u003c/a> from Marin Magazine in 2008.\u003c/p>\n\u003cp>And here's the full text of the lawsuit filed today...\u003c/p>\n\u003cp>\u003ca title=\"View DBOC Complaint on Scribd\" href=\"http://www.scribd.com/doc/115478606/DBOC-Complaint\">Drakes Bay Oyster Company Complaint\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/115478606/content?start_page=1&view_mode=scroll&access_key=key-16lk7mqjit85t6wy65m6\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003ca name=\"update\">\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Update\u003c/em>: The \u003ca href=\"http://ww2.kqed.org/news/2012/11/29/feds-deny-oyster-farm-lease-renewal/\" target=\"_blank\">story on Ken Salazar's decision to not renew the lease\u003c/a> received a lot of \u003ca href=\"http://ww2.kqed.org/news/2012/11/29/feds-deny-oyster-farm-lease-renewal/#comment-722939786\" target=\"_blank\">comments\u003c/a>. Just a few...\u003c/p>\n\u003cblockquote>\n\u003cp>I was born and raised in San Francisco. As a child I went to Point Reyes long before it was \"federalized\". The \"National Seashore\" designation made great sense when it included the existing agricultural uses. This notion that it must be returned to some imagined wilderness is so narrow minded as to turn me into a red-neck, right wing mindless Republican! First the PETA people take away our foie gras and now Salazar takes away our oysters. Can chocolate and wine be far behind?\u003c/p>\n\u003chr>\n\u003cp>Sad...I've been going up there from the Bay Area for over 50 years and always loved picking up some oysters. As has been noted, the oyster is the \"canary in the coalmine\" and one of the best indicators that something is out of whack environmentally. The entire hydroenvironment of Pt. Reyes is one of the healthiest on earth, and there is no impact on harbour, elephant or any other seals that can be pinned on the oyster farm. Furthermore, dozens of people have just lost their jobs, and we'll be importing oysters from elsewhere on the west coast, and using valuable resources to do it. Greeeeat thinking there, Salazar.\u003c/p>\n\u003chr>\n\u003cp>I think some of you are missing the bigger issue. Lunny bought the \"farm\" five years ago knowing that the lease was going to expire at the end of the month. This has nothing to do with oysters as a food source, or how good they are for the economy, or the environment. Oysters as a food source is B.S. how many people rely on oysters to feed there families? The price he paid for the farm reflected the fact that the business was only viable for five years. He is the one that decided to fight to extended the permit, which forced the government to waist all the money on the EIS and related studies. If the oyster farm is so important why did they give it a 40 year lease? Why didn't they write it into the law to allow it to exist forever? I'm surprised we have not heard from Lunny's lawyers about the inevitable law suit…\u003c/p>\n\u003chr>\n\u003cp>Well, well, well, looks like Norcal \"progressives\" are reaping what they sow. Centralized power and control is great until they inevitably start taking decisions that you do not agree with. Hopefully the majority of commenters on this blog are realizing that it usually sucks when big government takes over local decisions. Oakland's marijuana dispensaries will soon go the way of the Pt. Reyes oysters - who cares what the People of California want - after all, Big Brother Washington DC knows better than you.\u003c/p>\n\u003chr>\n\u003cp>[T]his is the right decision. This isnt the radical new environmental movement destroying tradition, it is simply a contract being fulfilled\u003c/p>\n\u003chr>\n\u003cp>The local environmental forces that have contributed to the destruction of this wonderful operation have completely lost my support. I have donated money in the past to some of them, but never again. There has to be a balanced voice in all these things, and clearly the people who pushed for this have no sense of balance, and no sense of shame. Well, shame on them, anyway.\u003c/p>\n\u003chr>\n\u003cp>Thank you Ken Salazar for making a difficult and honest decision. I enjoy oysters more, eat more oysters, and definitely cook better oysters than probably any of you other commenters. Frankly though, it was time for this business to shut itself down and allow the estuary to return to nature as had been intended by the original designers of the Pt. Reyes National Seashore - to whom we should all feel indebted.\n\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1354668409,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1455},"headData":{"title":"Pt. Reyes Oyster Farm Sues Government | KQED","description":"by Laird Harrison and Jon Brooks The owners of an oyster farm at Point Reyes National Seashore are suing to stop the federal government from putting them out of business. Last Thursday, Interior Secretary Kenneth Salazar denied the Lunny family's request for a 10-year extension of their lease to operate Drakes Bay Oyster Co. on","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"81953 http://ww2.kqed.org/news/?p=81953","disqusUrl":"https://ww2.kqed.org/news/2012/12/04/pt-reyes-oyster-farm-sues-government/","disqusTitle":"Pt. Reyes Oyster Farm Sues Government","path":"/news/81953/pt-reyes-oyster-farm-sues-government","audioUrl":"http://ww2.kqed.org/news/files/2012/12/lunnydecision1.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Laird Harrison and Jon Brooks\u003c/em>\u003c/p>\n\u003cp>The owners of an oyster farm at Point Reyes National Seashore are suing to stop the federal government from putting them out of business.\u003c/p>\n\u003cfigure id=\"attachment_81968\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129.jpg\">\u003cimg class=\"size-medium wp-image-81968\" title=\"Oyster Fisherman Battles National Park Service Over Harvest Rights\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/drakesoysterfarm20121129-300x193.jpg\" alt=\"\" width=\"300\" height=\"193\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Strings of mother shells that will contain baby oysters to be farmed are seen at the Drakes Bay Oysterf Co., 2007 in Point Reyes Station. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Last Thursday, Interior Secretary Kenneth Salazar \u003ca href=\"http://ww2.kqed.org/news/2012/11/29/feds-deny-oyster-farm-lease-renewal/\">denied the Lunny family's request\u003c/a> for a 10-year extension of their lease to operate \u003ca href=\"http://www.drakesbayoyster.com/\" target=\"_blank\">Drakes Bay Oyster Co\u003c/a>. on the federal land.\u003c/p>\n\u003cp>In their lawsuit, the Lunny family doesn't deny that their lease expired, but rather alleges that the government did not follow proper procedures in making its decision -- such as giving notice of an environmental impact report.\u003c/p>\n\u003cp>To represent it in the case, the Lunny family has engaged \u003ca href=\"http://causeofaction.org/\" target=\"_blank\">Cause of Action\u003c/a>, a nonprofit organization that describes itself as investigating and exposing “federal government corruption, waste, cronyism, and fraud.\" \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The effects of the oyster farm on the bay are in dispute. The Lunny family says the operation has had a \"positive impact,\" while the California Coastal Commission \u003ca href=\"http://www.savepointreyeswilderness.org/wp-content/uploads/2012/02/CCC-ltr-to-DBOC-re-noncompliance-Feb-1-2012.pdf\">has complained \u003c/a>that the farm littered the water with plastic and disturbed harbor seals with motorboats.\u003c/p>\n\u003cp>On Monday, Cause of Action sent out a \u003ca href=\"http://www.drakesbayoyster.com/files/121203%20DBOC%20press%20statement.pdf\" target=\"_blank\">press release\u003c/a> with the following statement from Kevin Lunny:\u003c/p>\n\u003cblockquote>\u003cp>We have been a dedicated small family farm for four generations in the West Marin community and when we purchased Drakes Bay Oyster Company seven years ago, we saw an opportunity to revive a part of our community that would provide local jobs, sustainable products for local businesses, and a positive long-term impact on the Bay itself.\u003c/p>\n\u003cp>The National Park Service has not just shut down our business, but has misrepresented the law, our contracts with the State of California, and the results of scientific studies.\u003c/p>\n\u003cp>Our family business is not going to sit back and let the government steam roll our community, which has been incredibly supportive of us. We are exploring possible responses to the National Park Service and will be taking legal action against them soon. We are not walking away, instead we are fighting for our community, our employees, and our family against a federal government that seems to value lies over the truth and special interests over the welfare of a community.\u003c/p>\u003c/blockquote>\n\u003cp>And last Friday, KQED Science's Lauren Sommer talked to Kevin Lunny, who said the following:\u003c/p>\n\u003cp>\"We're devastated, we're horribly disappointed. I was at the farm when I received a call from the Secretary of the Interior. Secretary Salazar told me of his decision… We had to deliver that message to our 30+ workers... To think that this is the end of an 80+ year tradition of producing food for the Bay Area, hosting visitors as a destination, the history and the culture of a coastal community coming to an end, losing these people in our schools and our churches…they're losing they're homes, too. …this is a devastating blow that will resound for a very long time in West Marin.\"\u003c/p>\n\u003cp>When asked about the fact that he bought the operation knowing that renewal of the lease wasn't guaranteed, he said:\u003c/p>\n\u003cp>\"We did our due diligence, and we saw that authorities that we were working under expired in 2012, just like any lease or any agreement has a beginning and ending date; but it's explicitly renewable… We had hoped that we could show this could be done right and they could exercise their right of renewal. We knew that it was possible they would do something like this, but we really didn't think it could actually happen.\"\u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/lunnydecision1.mp3\">listen to more from the edited interview here\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/lunnydecision1.mp3|titles=lunnydecision"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/lunnydecision1.mp3|titles=lunnydecision"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Interior Department responded to the filing of the lawsuit today with this brief statement:\u003c/p>\n\u003cblockquote>\u003cp>The Secretary made his decision after careful consideration of the applicable law and policy. The Department will carefully review the complaint and any related materials that may be filed. The Department does not comment on litigation.\u003c/p>\u003c/blockquote>\n\u003cp>In its \u003ca href=\"http://www.doi.gov/news/pressreleases/secretary-salazar-issues-decision-on-point-reyes-national-seashore-permit.cfm\">original press release\u003c/a>, the department said it was fulfilling the original intention of Congress in designating the seashore as wilderness:\u003c/p>\n\u003cblockquote>\u003cp>Carrying out steps set in motion by the United States Congress over three decades ago, we are taking the final step to recognize this pristine area as wilderness,” said Salazar. “The Estero is one of our nation’s crown jewels, and today we are fulfilling the vision to protect this special place for generations to come.”\u003c/p>\u003c/blockquote>\n\u003cp>For more details on the department's legal reasoning, you can read \u003ca href=\"http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286\">this memo.\u003c/a>\u003c/p>\n\u003cp>Here's a good \u003ca href=\"http://www.marinmagazine.com/Marin-Magazine/November-2008/The-Oyster-War/\" target=\"_blank\">background piece on the early years of the dispute\u003c/a> from Marin Magazine in 2008.\u003c/p>\n\u003cp>And here's the full text of the lawsuit filed today...\u003c/p>\n\u003cp>\u003ca title=\"View DBOC Complaint on Scribd\" href=\"http://www.scribd.com/doc/115478606/DBOC-Complaint\">Drakes Bay Oyster Company Complaint\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/115478606/content?start_page=1&view_mode=scroll&access_key=key-16lk7mqjit85t6wy65m6\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003ca name=\"update\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Update\u003c/em>: The \u003ca href=\"http://ww2.kqed.org/news/2012/11/29/feds-deny-oyster-farm-lease-renewal/\" target=\"_blank\">story on Ken Salazar's decision to not renew the lease\u003c/a> received a lot of \u003ca href=\"http://ww2.kqed.org/news/2012/11/29/feds-deny-oyster-farm-lease-renewal/#comment-722939786\" target=\"_blank\">comments\u003c/a>. Just a few...\u003c/p>\n\u003cblockquote>\n\u003cp>I was born and raised in San Francisco. As a child I went to Point Reyes long before it was \"federalized\". The \"National Seashore\" designation made great sense when it included the existing agricultural uses. This notion that it must be returned to some imagined wilderness is so narrow minded as to turn me into a red-neck, right wing mindless Republican! First the PETA people take away our foie gras and now Salazar takes away our oysters. Can chocolate and wine be far behind?\u003c/p>\n\u003chr>\n\u003cp>Sad...I've been going up there from the Bay Area for over 50 years and always loved picking up some oysters. As has been noted, the oyster is the \"canary in the coalmine\" and one of the best indicators that something is out of whack environmentally. The entire hydroenvironment of Pt. Reyes is one of the healthiest on earth, and there is no impact on harbour, elephant or any other seals that can be pinned on the oyster farm. Furthermore, dozens of people have just lost their jobs, and we'll be importing oysters from elsewhere on the west coast, and using valuable resources to do it. Greeeeat thinking there, Salazar.\u003c/p>\n\u003chr>\n\u003cp>I think some of you are missing the bigger issue. Lunny bought the \"farm\" five years ago knowing that the lease was going to expire at the end of the month. This has nothing to do with oysters as a food source, or how good they are for the economy, or the environment. Oysters as a food source is B.S. how many people rely on oysters to feed there families? The price he paid for the farm reflected the fact that the business was only viable for five years. He is the one that decided to fight to extended the permit, which forced the government to waist all the money on the EIS and related studies. If the oyster farm is so important why did they give it a 40 year lease? Why didn't they write it into the law to allow it to exist forever? I'm surprised we have not heard from Lunny's lawyers about the inevitable law suit…\u003c/p>\n\u003chr>\n\u003cp>Well, well, well, looks like Norcal \"progressives\" are reaping what they sow. Centralized power and control is great until they inevitably start taking decisions that you do not agree with. Hopefully the majority of commenters on this blog are realizing that it usually sucks when big government takes over local decisions. Oakland's marijuana dispensaries will soon go the way of the Pt. Reyes oysters - who cares what the People of California want - after all, Big Brother Washington DC knows better than you.\u003c/p>\n\u003chr>\n\u003cp>[T]his is the right decision. This isnt the radical new environmental movement destroying tradition, it is simply a contract being fulfilled\u003c/p>\n\u003chr>\n\u003cp>The local environmental forces that have contributed to the destruction of this wonderful operation have completely lost my support. I have donated money in the past to some of them, but never again. There has to be a balanced voice in all these things, and clearly the people who pushed for this have no sense of balance, and no sense of shame. Well, shame on them, anyway.\u003c/p>\n\u003chr>\n\u003cp>Thank you Ken Salazar for making a difficult and honest decision. I enjoy oysters more, eat more oysters, and definitely cook better oysters than probably any of you other commenters. Frankly though, it was time for this business to shut itself down and allow the estuary to return to nature as had been intended by the original designers of the Pt. Reyes National Seashore - to whom we should all feel indebted.\n\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/81953/pt-reyes-oyster-farm-sues-government","authors":["236"],"programs":["news_6944"],"categories":["news_19906","news_8"],"tags":["news_3548","news_3547","news_3287"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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You ask the questions. You decide what Bay Curious investigates. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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Plus, KQED’s Bianca Taylor brings you the local KQED news you need to know.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Consider-This-Podcast-Tile-703x703-1.jpg","imageAlt":"Consider This from NPR and KQED","officialWebsiteLink":"/podcasts/considerthis","meta":{"site":"news","source":"kqed","order":"7"},"link":"/podcasts/considerthis","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1503226625?mt=2&at=11l79Y&ct=nprdirectory","npr":"https://rpb3r.app.goo.gl/coronavirusdaily","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM1NS9wb2RjYXN0LnhtbA","spotify":"https://open.spotify.com/show/3Z6JdCS2d0eFEpXHKI6WqH"}},"forum":{"id":"forum","title":"Forum","tagline":"The conversation starts here","info":"KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.","airtime":"MON-FRI 9am-11am, 10pm-11pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED Forum with Mina Kim and Alexis Madrigal","officialWebsiteLink":"/forum","meta":{"site":"news","source":"kqed","order":"8"},"link":"/forum","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/kqeds-forum/id73329719","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz","npr":"https://www.npr.org/podcasts/432307980/forum","stitcher":"https://www.stitcher.com/podcast/kqedfm-kqeds-forum-podcast","rss":"https://feeds.megaphone.fm/KQINC9557381633"}},"freakonomics-radio":{"id":"freakonomics-radio","title":"Freakonomics Radio","info":"Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. 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