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Tag: Drakes Bay Oyster Company

January 26, 2017

California supreme court declines to hear due process appeal

Sometimes life comes at you fast. Just last week we reported on our letter asking the California Supreme Court to grant review in Drakes Bay Oyster Company v. California Coastal Commission, to decide whether an enforcement agency can compromise its constitutionally required neutrality by putting its decidedly biased enforcement staff in charge of d ...

January 22, 2017

PLF asks California Supreme Court to hear due process case against Coastal Commission

PLF recently filed a friend of the court letter with the California Supreme Court, encouraging the justices to grant review in an important due process challenge against the California Coastal Commission. The Coastal Commission brought a highly questionable enforcement action against our friends at Drakes Bay Oyster Company, accusing the company o ...

January 14, 2017

Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are not endangered  Support for hair braiders Alaskan wetland case filings Amicus brief in Drakes Bay ...

May 16, 2014

President's weekly report — May 16, 2014

Property Rights — Second Circuit Honors Yossarian in Catch-22 We received an astonishing decision today from the Second Circuit Court of Appeals in Sherman v. Town of Chester.  For those who appreciate property rights, this decision is a joy to behold.  We say astonishing because it is clear that the court “got it,” meaning t ...

April 14, 2014

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The petition raises a fundamental question that strikes at the heart of the administrative ...

January 15, 2014

Drakes Bay Oyster Company to seek relief at United States Supreme Court

Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court.  The oyster farm is fighting for survival after the Department of the Interior refused to renew a permit that the farm needs to remain in ...

January 14, 2014

Ninth circuit denies rehearing in oyster farm case

This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company’s petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court’s decision to deny the oyster farm an injunction which would prevent the closure of the farm. The oyster farm will have to consider its ...

December 05, 2013

If you like your oyster farm, you can keep it

Until the Secretary of the Interior decides that your coastal business is worth more to the public dead than alive. Frequent Liberty Blog readers are familiar with our coverage of Drake’s Bay Oyster Company, in its legal battle to renew the permits it needs to remain in business on Drakes Estero within Point Reyes National ...

October 25, 2013

Ninth circuit should re-examine flawed ESA precedent in re-hearing drakes bay appeal

This morning PLF, joined by the California Cattlemen’s Association and the Building Industry Association of the Bay Area, filed an amicus brief in support of Drakes Bay Oyster Company’s petition for rehearing en banc of the Court’s September decision in their case. That opinion upheld the trial court’s denial of an injunctio ...

October 18, 2013

Drakes Bay Oyster Company fights on

Drakes Bay Oyster Company today filed a Petition for Rehearing en banc in the Ninth Circuit, continuing the shellfish farm’s fight for an injunction that will allow it to remain in business while it litigates over the Secretary of the Interior’s illegal refusal to renew its operating permit. PLF will be filing an amicus brief ...

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