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FEBRUARY 25, 2013

DRAKES BAY OYSTER COMPANY AND LEGAL TEAM RESPOND TO NINTH CIRCUIT DECISION TO GRANT EMERGENCY INJUNCTION PENDING APPEAL

 

WASHINGTON – Cause of Action (COA), a government accountability group working on behalf of Drakes Bay Oyster Company (DBOC) and owner Kevin Lunny, responded to the Ninth Circuit’s decision to grant the motion for emergency injunction pending appeal for Drakes Bay Oyster Company, which allows the company to remain open while the Ninth Circuit considers the appeal in Drakes Bay Oyster Company v. Salazar, et al. Earlier this month, U.S. District Judge Yvonne Gonzalez Rogers denied an injunction, but DBOC appealed her decision, requesting injunctive relief to avoid the shutdown of the oyster farm on February 28.

 

“We are grateful that the Ninth Circuit has chosen to allow Drakes Bay Oyster Company to continue operating and recognized the hardships that would have resulted from shutting down the farm before its case could be heard,” said Amber Abbasi, chief counsel for regulatory affairs at Cause of Action. “We will continue to move forward with the lawsuit and fight the blatant overreach and abuse of power inflicted upon the Lunnys and taxpayers by Secretary Salazar’s decision.”

Kevin Lunny, owner of Drakes Bay Oyster Company offered this statement on behalf of the farm:

“We are beyond thrilled that our business will now remain open while we continue to fight the decisions from the court and Secretary Salazar that have put our business at risk. We are so grateful for the support we continue to receive from the community and our legal team and we now will press on in our fight as the lawsuit proceeds. Our fight has always been about more than just our business. Our fight is, and will continue to be, about the great service Drakes Bay Oyster Farm provides to the community as an innovative sustainable farm, an educational resource, and part of the economic fiber of Marin County.”

Cause of Action and Briscoe Ivester & Bazel LLP, Stoel Rives LLP, and SSL Law represent Drakes Bay Oyster Company.

The court’s decision can be found here.

 

About Cause of Action:

Cause of Action is a nonprofit, nonpartisan organization that uses investigative, legal, and communications tools to educate the public on how government accountability and transparency protects taxpayer interests and economic opportunity. For more information, visit www.causeofaction.org.

 

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Comments

  1. hope you get this. Scott

  2. Hope this works

  3. Loretta Murphy says:

    It’s like a bright ray of sunshine just came through the curtains and will no doubt send the cockroaches scurrying.

  4. Steve Doughty says:

    Well,the camel has pulled his nose out from under the tent for a while longer.
    Hopefully the rest of the ranchers can breath a sigh of relief, for a bit longer. Maybe now the park will get the ELK back behind the fence where they can’t destroy anymore of the ranchers infrastructure. Before this issue becomes another royal battle.
    Thank goodness for the legal team.

  5. Congratulations to all those who have worked to get this Emergency Injunction so we can try to set a course of reasonable and rational solutions. Oysters are a vital part of the global restoration of estuaries for fish and reef habitat. Private sector oyster aquaculture provides a sustainable model with multiple benefits including jobs & a healthier environment. Agencies need to be held accountable to the highest standards including those bound by the laws the private sector has to abide by…with no hidden agendas as they are paid by the public citizens…and they should do everything to help those that are trying to be a part of the solution.
    We “get it” on the East Coast…including environmental groups. Visit us at http://www.oystersforlife.com Thank you.

  6. I really don’t know what is going on here. I got this from a good friend of mine and she is always about what is right and good. So I am on her side until more research is done by my team of Oyster professionals= What ever is going on I can only hope the right thing is done. The real deal= = One thing is for sure, I don’t think the oysters have much to say about it.

  7. This is great news!
    This gives us a window of opportunity to gather support on higher levels.

  8. Anne O'Leary says:

    Kudos to Cause of Action for believing in Drake’s Bay Oyster Company.

    DBOC supporters know that the underhanded tactics of a few corrupt NPS officials and the dirty work by carpetbaggers posing as “environmentalists” have compromised the original vision that created the Point Reyes National Seashore in the first place. Let these misguided souls apply their pressure tactics to preserve areas that are indeed true wilderness, rather than overlooking the acquaculture that has taken place in this area for centuries. Johnson’s and DBOC followed in the footsteps of the Miwok — but I guess the folks who oppose DBOC don’t think any humans belong on the Point Reyes Penninsula and that native Americans don’t count. They certainly don’t seem to remember that it was the generosity of the Lunnys and their neighbors that allowed the National Park Service to set up shop in this area in the first place.

    As a wise friend of mine says, “May all who are up to no good be exposed, rendered harmless, and become an occasion for mirth.”

    We have a ways to go still, but thanks to Cause of Action we’re gaining momentum!

    Thank you!

  9. June Taylor says:

    Please take that JET SKI photo off of the report about the Drakes Bay Oyster Company! One of the “complaints” against DBOC is NOISE pollution. I’d be flabbergasted and opposed to any jet skis in the Drakes Bay Estero.

  10. June Taylor says:

    Please take that JET SKI photo off of the report about the Drakes Bay Oyster Company! One of the “complaints” against DBOC is NOISE pollution. I’d be flabbergasted and opposed to any jet skis in the Drakes Bay Estero. The DBOC uses a small outboard motorboat — and the noise from that boat is a point of contention.

  11. Ev Longoria says:

    Thank you and your team for fighting to stay open. My family has made a trip to the oyster farm at least once a year for nearly thirty ( 30 ) years now. We serve the oysters at our Easter picnic and have make many of our friends and guests fan of your tasty little oyster.
    Please keep up the fight to stay open and we hope keep making the trip to Drakes Bay for another thirty years.

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