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03/22/2013

Bipartisan Amendment to Save Drakes Bay Oyster Co Filed in Senate Budget Proposal

Bipartisan Amendment to Save Drakes Bay Oyster Co Filed in Senate Budget Proposal

 

WASHINGTON – Today, Senators David Vitter (R-LA) and Dianne Feinstein (D-CA) co-sponsored an amendment to the Senate Concurrent Resolution on the Budget for Fiscal Year 2014, which, if passed, would allow Drakes Bay Oyster Company to remain open at least 10 more years. The amendment would “establish a deficit-neutral reserve fund to reinstate the reservation of use and occupancy and special use permits to conduct certain commercial operations.”

Dan Epstein, Cause of Action’s executive director commented on the proposal:

“Government accountability is not a partisan issue—neither is saving jobs.  This amendment would save 30 jobs at Drakes Bay Oyster Company and 40 percent of California’s oyster market.  It would also send the message to the Department of Interior that transparency and scientific integrity cannot be casually dismissed for political purposes.”

Cause of Action, Briscoe Ivester & Bazel LLP, Stoel Rives LLP, and SSL Law Firm represent Drakes Bay Oyster Company in their current federal lawsuit against the Department of the Interior, National Park Service and Secretary Ken Salazar.

 

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03/21/2013

Cause of Action Statement on the Energy and Natural Resources Committee Nomination of Sally Jewell

 

Cause of Action on the Senate Committee on Energy and Natural Resources Nomination of Sally Jewell

WASHINGTON – Today, the U.S. Senate Committee on Energy and Natural Resources voted to move the nomination of Sally Jewell for Secretary of the Interior forward to a full Senate vote.

Dan Epstein, Cause of Action’s executive director expressed concerns with Mrs. Jewell’s past alliances:

“As a former board member of the National Parks Conservation Association, we have serious concerns about Mrs. Jewell’s plans for the Department of the Interior. We saw Secretary Salazar’s overreach and abuse of power concerning Drakes Bay Oyster Company and we want the Senate to find out what Mrs. Jewell’s plans are for the future of this sustainable farm. The culture of corruption, and disregard for scientific integrity at the Department of the Interior needs to end. Will the Senate hold Mrs. Jewell accountable for her political connections and how they may impact her decisions as Secretary?

For more information on Drakes Bay Oyster Company and their lawsuit against Secretary Salazar, the National Parks Service, and the Department of the interior, click here.

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03/18/2013

Senator David Vitter questions DOI Nominee on plans for the direction of the department

Senator David Vitter questions DOI Nominee on plans for the direction of the department

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03/4/2013

Report Reveals Scientific Misconduct at Department of the Interior

FOR IMMEDIATE RELEASE                                                                                                 CONTACT:      

MARCH 4, 2013                                                                                     Mary Beth Hutchins, 202-400-2721

Jamie Morris, 202-499-2425

 

Cause of Action Report Reveals Scientific Misconduct at

Department of the Interior

How the Department of the Interior Use Flawed Science to Foreclose the American Dream

 

WASHINGTON – Cause of Action (CoA), a government accountability organization, today released  “Keeping Entrepreneurship at Bay: How the Department of the Interior Uses Flawed Science to Foreclose the American Dream,” an investigative report on the systemic manipulation of scientific data within the Marine Mammal Commission (MMC), the National Park Service (NPS), the U.S. Geological Survey (USGS), and the Department of the Interior (DOI).  The misrepresentation of data influenced a Cabinet member’s decisions, was quoted in a Department of Justice filing in the U.S. Court of Appeals for the Ninth Circuit, and is negatively affecting multiple businesses in the United States.

 

Cause of Action’s Executive Director Dan Epstein explained the consequences of the scientific misconduct:

Cause of Action has exposed a culture of corruption and disregard for scientific integrity perpetrated by the government on the taxpayers’ dime. The Interior Department’s opaque reliance on misrepresented data demands immediate reform of the Agency, its departments, and its Office of Inspector General as well as a complete revision of NPS environmental impact statements. 

 

Secretary of the Interior Kenneth Salazar’s November 29, 2012 decision to deny a Special Use Permit (SUP) for land belonging to NPS to Drakes Bay Oyster Company (DBOC), a small, family-run, environmentally sustainable farm located inside the Point Reyes National Seashore, was largely affected by misrepresented data, a perpetuation of false information, a disregard for the law by multiple federal government offices, and political taint. This business is now embroiled in a legal battle that has produced temporary relief from the Ninth Circuit that will allow DBOC to remain open until another hearing in May 2013, but does not guarantee that the business will escape a full shut down.

 

“How the Department of the Interior Uses Flawed Science to Foreclose the American Dream,” reveals that the data used by multiple agencies within the federal government were out of date, inapplicable, and brazenly false in their representation of the impact of DBOC on the environment:

  • The Department of Interior (DOI) Office of Inspector General’s (OIG) February 2013 Report Ignored Data and Used a Flawed Methodology.
  • The Investigation by DOI Solicitor Gavin Frost Lacked Objectivity and Independence. It Improperly Dismissed Scientific Misconduct by Labeling It “Administrative Misconduct.”
  • Federal Agencies Misrepresented Scientific Findings to Support a False Narrative.
  • The National Park Service (NPS) Prioritizes Politics Over Scientific Integrity by Refusing to Withdraw and Correct Flawed Science, Impacting Businesses Both Nationally and Worldwide.
  • DOI OIG Misled the Senate Committee on Energy and Natural Resources (Energy Committee) During the Confirmation of NPS Director Jonathan Jarvis.
  • The Marine Mammal Commission (MMC) Cannot Effectively Function Without an Independent Inspector General (IG).

 

Click here to read a copy of the full report.

 

Click here to ready a copy of Cause of Action’s Data Quality Act complaint against NPS.

 

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.

 

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Mary Beth Hutchins,  202-400-2721 or Jamie Morris, jamie.morris@causeofaction.org.

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03/4/2013

Keeping Entrepreneurship at Bay

Keeping Entrepreneurship at Bay:

How the Department of the Interior Uses Flawed Science to Foreclose the American Dream

An investigative report from Cause of Action.

Report

Exhibits

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02/6/2013

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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02/4/2013

Statement from Drakes Bay Oyster Company in Response to Denial of Preliminary Injunction

Drakes Bay Oyster Company and Legal Team Respond to Federal Court Decision to Deny Request for Preliminary Injunction

 

WASHINGTON – Cause of Action (COA), a government accountability group working on behalf of Drakes Bay Oyster Company (DBOC) and owner Kevin Lunny, responded to 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. Following a November 2012 decision by Secretary of the Interior Kenneth Salazar which will shut down the oyster farm on February 28, DBOC filed a lawsuit against Salazar, the National Park Service, and the Department of the Interior for violating the law and not adhering to sound science.

 

Amber Abbasi, Cause of Action’s Chief Counsel for Regulatory Affairs, offered this response on behalf of the legal team representing DBOC, which includes pro-bono attorney services from Stoel Rives, LLP; SSL Law Firm, LLP; and Briscoe Ivester & Bazel, LLP:

 

“We are disappointed in the judge’s decision to deny our request for a preliminary injunction. Without this injunction, not only will a small business close, but families will be forced out of their homes, and the community will lose a sustainable farming resource.  The Lunnys are weighing their options for next steps and will make their decision known in the coming days.”

The judge’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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