Articles

Drakes Bay Oyster Company showdown with federal government in Ninth Circuit next Tuesday

May 07, 2013 | By TONY FRANCOIS

Next Tuesday, Drakes Bay Oyster Company will face the most important hearing to date in its battle for survival with the federal government, which has illegally denied the Oyster Company a renewed permit to operate within Point Reyes National Seashore.  You can read more of the background of their fight here or by listening to … ...

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Ninth circuit hears argument on whether interior secretary is above the law

May 14, 2013 | By TONY FRANCOIS

Today, in the Ninth Circuit Court of Appeals, Drakes Bay Oyster Company presents its case for enjoining the Secretary of the Interior and the National Park Service from destroying its business before its legal claims can even be heard in court.  You can follow my live tweet from today’s oral argument on twitter @TonyFrancoisEsq, #SaveDBOC, ...

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President's weekly report — September 5, 2013

September 06, 2013 | By ROB RIVETT

Environment — Oysters  The Ninth Circuit issued this adverse decision in Drakes Bay Oyster Company v. Jewell.  This involves the National Park Service’s drive to shut down a long-established oyster farm in Drakes Bay, off  the coast of Northern California.  When a National Park was established the preexisting oyster farm was given  ...

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Ninth Circuit fails to protect Drakes Bay Oyster Company from government abuse

September 13, 2013 | By TONY FRANCOIS

Liberty Blog readers will be familiar with the ongoing courtroom battle between Drakes Bay Oyster Company and the Department of the Interior, over whether the oyster farm can remain in business at its historic location within Point Reyes National Seashore.  The Interior Secretary denied the company a permit renewal last November, after which the f ...

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Drakes Bay Oyster Company fights on

October 18, 2013 | By TONY FRANCOIS

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

October 25, 2013 | By TONY FRANCOIS

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 ...

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If you like your oyster farm, you can keep it

December 05, 2013 | By TONY FRANCOIS

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 … ...

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Ninth circuit denies rehearing in oyster farm case

January 14, 2014 | By TONY FRANCOIS

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 … ...

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

January 15, 2014 | By TONY FRANCOIS

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 … ...