Morning News for Tuesday, February 12, 2013

The latest update in the Drakes Bay Oyster case covered today by The Press Democrat:

A federal judge on Monday denied Drakes Bay Oyster Company’s second legal bid to remain in business beyond a Feb. 28 deadline to quit harvesting oysters from Drakes Estero in the Point Reyes National Seashore. U.S. District Judge Yvonne Gonzalez Rogers issued a 70-word order rejecting oyster farm operator Kevin Lunny’s appeal of her previous ruling on Feb. 4.

DNC chairwoman tries to deceive the press in an effort to criticize Marco Rubio. The Washington Examiner has this story:

Democratic National Committee chairwoman Debbie Wasserman Schultz attempted a bit of deception Monday in an effort to criticize GOP rising star Marco Rubio ahead of his State of the Union rebuttal Tuesday night. But on this occasion, the press wasn’t falling for it. In a conference call Monday, Wasserman Schultz enlisted the help of Annette Capella, described by party officials as a “Medicare recipient from Florida,” to warn of the “extreme budget priorities,” they believe Rubio is likely to outline in his televised response to President Obama’s address.

A senator sharply criticizes overspending and program duplication by the Justice Department. The Daily Caller reports:

Pointing to charts showing the web of redundant and expensive Justice Department grants, Coburn argued that the last thing the Senate should do is add to the mess. “Department of Justice grants — 253 different programs, not just run by the Department of Justice, but nine other agencies besides them — [are] spending $3.9 billion a year,” he said, while displaying a cost chart. “And we might say that’s okay. Now let’s look at the organization.”

 

Morning News for Monday, February 11, 2013

There is more coverage of the Drakes Bay Oyster Conflict today. The Press Democrat has the latest:

Attorneys for Drakes Bay Oyster Company have asked a federal judge to rule Monday on their request to postpone a Feb. 28 deadline for shutting down the business in Marin County’s Point Reyes National Seashore. The request for an expedited ruling is necessary to “avoid the total destruction” of oyster farm owner Kevin Lunny’s livelihood, the loss of more than 30 jobs and “a crop of 19 million shellfish in the waters of Drakes Estero,” the court filing said.

The Daily Caller News Foundation covers the multiple hatch act violations in the Obama administration:

A troubling pattern of illegal campaigning by government officials, including two members of President Obama’s cabinet, is raising questions about the federal oversight agency that monitors such infractions.

There is continued uncertainty surrounding the now illegal NLRB appointments. Legal Times has this story:

More than 30 workplace disputes, including one involving a national wholesale company, are now on hold in a federal appeals court in Washington as the U.S. Justice Department mulls whether to challenge a ruling that voided President Barack Obama’s recess appointments to the National Labor Relations Board.

Wall Street Journal: A Jewell Who’s Rough on Jobs

A Jewell Who’s Rough on Jobs

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Friday February 8, 2013 Morning News

There is more coverage of the Drakes Bay Oyster Conflict today. The Washington Free Beacon has the latest:

The Drakes Bay Oyster Company is appealing a judge’s decision to deny injunctive relief against the secretary of the interior’s decision not to renew the business’ permit to use federal land, Cause of Action announced Wednesday. “We are committed to fighting against government abuse and overreach to keep the Lunny family in business … and are taking all the necessary legal steps to appeal this ruling,” said Amber Abbasi, Cause of Action’s chief counsel for regulatory affairs, in a statement. Cause of Action is representing the company and its owner in this case along with Briscoe Ivester & Bazel, LLP, and SSL Law.

Retiring DOT Secretary, Ray LaHood says, “America is one big pothole.”  More from The Hill:

Critics of President Barack Obama’s recess appointments are calling on Supreme Court Justice Elena Kagan to recuse herself from a potential Supreme Court hearing on the matter. The Chamber of Commerce raised the prospect of recusal, citing then-solicitor general Kagan’s defense of President Obama’s recess appointments in a previous case regarding the composition of the National Labor Relations Board.

Senators are blaming congress for agency waste and duplication. Government Executive has this story:

Key reasons for wasteful duplication of federal programs include a lack of knowledge among lawmakers and their tendency to think parochially and short-term, Sen. Tom Coburn, R-Okla., said Wednesday. “We have a great federal workforce, but the problem is that members of Congress, while well intentioned, lack oversight and knowledge of what programs are out there,” Coburn told business executives at a forum on transforming government for the 21st century sponsored by the Business Roundtable and Governing magazine.

The House Committee on Oversight and Government Reform is concerned about how the DOJ is enforcing adherence to FOIA laws. 

Thursday, February 7, 2013 Morning News

The Drakes Bay Oyster Company has decided to appeal the judge’s decision to deny the motion for preliminary injunction. More from the Associated Press

The owners of a Northern California oyster farm that is scheduled to be removed from Point Reyes National Seashore are appealing a judge’s refusal to allow it to stay open while its lawsuit against the government proceeds. Drakes Bay Oyster Co. on Wednesday filed an appeal with the Ninth U.S. Circuit Court of Appeals.

Bloom Energy whistleblower speaks about the crony company’s mistreatment of workers. Read the account on Mercury News:

They traveled 1,300 miles and toiled long hours, earning the equivalent of $2.66 an hour in Mexican pesos while working in the Bay Area for acclaimed Silicon Valley tech startup Bloom Energy. “It wasn’t right what they were doing. It’s not the way to treat people,” said a former Bloom Energy contractor who claims he blew the whistle to authorities about the company’s mistreatment of the workers, who were brought to this country on visitor visas from the Bloom Energy plant in Chihuahua.

The Oversight Committee is demanding information from agencies who have failed to be transparent, delay FOIA requests. The Hill reports:

Scores of agencies across the federal government have failed to update their regulations involving the Freedom of Information Act (FOIA), despite a 2009 directive from Attorney Gen. Eric Holder ordering them to adopt a “presumption of openness,” Reps. Darrell Issa (R-Calif.) and Elijah Cummings (D-Md.) said. Additionally, the lawmakers pointed to a backlog of requests for information at some agencies, an excessive use of exemptions allowing officials to withhold information and exorbitant — and potentially illegal — fee assessments. 


President Obama continues to fill his cabinet, his latest pick for the Department of Interior.

Drakes Bay Oyster Company Appeals Judge’s Decision to Deny Injunction

FOR IMMEDIATE RELEASE                                                                                                      

FEBRUARY 6, 2013

DRAKES BAY OYSTER COMPANY APPEALS JUDGE’S DECISION TO DENY INJUNCTION

The Lunny Family Continues the Fight to Keep the Farm in Business

 

SAN FRANCISCO – Cause of Action (CoA), a government accountability organization, Briscoe Ivester & Bazel LLP, and SSL Law today appealed Judge Gonzalez Rogers’s decision to deny an injunction for Drakes Bay Oyster Company, which would have allowed the company to remain open for the duration of the trial, Drakes Bay Oyster Company v. Salazar, et al.  Without an injunction, the family farm will be required to cease all operations, destroy millions of un-harvested oysters, and force several families living on the farm to move elsewhere by February 28.

“We are committed to fighting against government abuse and overreach to keep the Lunny family in business,” said Amber Abbasi, Chief Counsel for Regulatory Affairs at Cause of Action, “and are taking all the necessary legal steps to appeal this ruling.”

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

“We continue to be grateful for the outpouring of support from our community.  We have had time to weigh our options carefully, and have decided to appeal the judge’s decision.”

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

 

The judge’s decision can be found here.

 Our Appeal and Exhibits 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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Wednesday February 6, 2013 Morning News

More coverage of the Drakes Bay Oyster Conflict today. The Wall Street Journal reports (see also print edition, A4):

Its owners, Kevin and Nancy Lunny, declined to comment through Cause of Action, a Washington, D.C., advocacy group that represents them legally. “The Lunnys are weighing their options for next steps,” said Amber Abbasi, a lawyer for the group, in a statement.”

There is continued fallout from the NLRB case that overturned President Barack Obama’s recess appointments.  More from The Washington Free Beacon:

Critics of President Barack Obama’s recess appointments are calling on Supreme Court Justice Elena Kagan to recuse herself from a potential Supreme Court hearing on the matter. The Chamber of Commerce raised the prospect of recusal, citing then-solicitor general Kagan’s defense of President Obama’s recess appointments in a previous case regarding the composition of the National Labor Relations Board.

Bloom Energy continues to reveal cronyism in their business dealings, this time paying workers nearly 2/3 less than minimum wage. Mercury News has this story:

A prominent Silicon Valley clean-energy startup has been ordered to pay back wages and penalties for bringing in workers from Mexico and paying them about $2.66 an hour in pesos, the U.S. Department of Labor announced Tuesday. Sunnyvale-based Bloom Energy, which makes fuel cells and sells energy to clients including AT&T, Adobe, Coca-Cola, eBay, Google and Wal-Mart, was ordered by a judge to pay $31,922 in back wages and an equal amount in damages to 14 welders who were brought in to work alongside domestic workers refurbishing power generators.

The House Committee on Oversight and Government Reform is concerned about how the DOJ is enforcing adherence to FOIA laws.