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California | North Bay / Marin | U.S. | Environment & Forest Defense

Federal court denies preliminary injunction request by Drakes Bay Oyster Company
by Environmental Action Committee of West Marin
Monday Feb 4th, 2013 5:04 PM
Conservation Leaders Applaud Court Ruling that Supports Secretary Salazar’s Marine Wilderness Decision at Point Reyes National Seashore
Today, federal district court judge Yvonne Gonzales Rogers denied the preliminary injunction request by Drakes Bay Oyster Company that would have in effect over turned Interior Secretary Ken Salazar's decision to protect Drakes Estero as wilderness. The decision is hailed by conservation leaders.

In summary, the court's ruling stated that, “The Court finds it does not have jurisdiction to review the Secretary’s Decision. Moreover, even if Plaintiffs’ claims could be construed to give this Court jurisdiction, based upon the record presented, Plaintiffs have not demonstrated a likelihood of success on the merits of the claims nor that the balancing of the equities favors injunctive relief.” (Page 2 of Court Ruling)


Statement by Amy Trainer, Executive Director, Environmental Action Committee of West Marin
"The court rightly decided that Secretary Salazar had full discretion to let the oyster operation permit expire on its own terms and honor the 1976 wilderness designation for Drakes Estero. We are very grateful for this decision, which supports the Estero's full wilderness protection, and we urge the company to fulfill its long-standing responsibility to its workers by assisting them during this time of transition."

Statement by Neal Desai, Pacific Region Associate Director, National Parks Conservation Association
"The court ruling affirms that our national parks will be safe from privatization schemes, and that special places like Drakes Estero will rise above attempts to hijack Americans' wilderness. Taxpayers can rejoice that the land they bought and own in Point Reyes National Seashore will now be protected as planned after 40 years of waiting."

Statement by Gordon Bennett, President, Save Our Seashore
"We have long-stated and the Court has now confirmed that the expiration of the oyster operation permit was a well-established matter of contract and NPS policy that Mr. Lunny was fully aware of before he bought the last few years of operating rights. This decision facilitates the planned wind-down of company operations and we hope that the company provides strong financial support for the transition of its workers."

Statement by Johanna Wald, Senior Counselor, National Resources Defense Council
"Today's decision is another affirmation of the principle that 'a deal is a deal’. The preservation of Drakes Estero will be enjoyed by millions of Californians and lovers of wilderness and parks for generations to come. We're grateful to Judge Yvonne Gonzales Rogers for her strong decision to protect our precious natural resources and return the land that belongs to the people."


Comments  (Hide Comments)

by Jacques Coot's Toe
Monday Feb 4th, 2013 8:17 PM
I hope with all your shortsighted non-wisdom of evicting the humans and oysters, you haven't created a future dead zone of algae blooms in Drake's Estero, for thousands of gawking plastic kayak yuppies to wallow in.
The so called conservation groups who mounted an immoral attack on an environmentally responsible oyster operation while supporting a 30 year extension on dozens of environmentally destructive Cattle Ranches in Your National Seashore.

That is the ultimate hypocracy from several so called "Environmental" organizations.

I have contributed money for the Lunny's to continue the fight to keep their environmentally friendly oyster operation going and continue to clean the waters of Drake's Bay of the cattle pollutants and tourist crap that all washes into the bay.
by r steve
Thursday Feb 14th, 2013 3:30 PM
This eviction saddens me deeply. I am not a writer so i may not be able to eloquently express my feelings of anger towards our government and their hypocritical policies. Oysters are a natural resident of the oceans and estuaries, they are natures vacuum cleaners and actually help to keep the water free of sediment and unwanted algae. We will build pipelines for oil, we will pollute other lands with or military will, but we cant allow oysters? Is it the oysters or is it anti business? If the oysters will not leave will we exterminate and expel them from the estuary? How about in New York, will we stop the restoration of the now almost extinct oyster beds that we once the pride and joy of the world? Mr president, Mr Governor, Senators, Congressmen/women, Legislators, when I hear you talk about job creation I find it difficult to take you seriously. If not from green sustainable companies where will jobs come from? There are now 30 new unemployed I`m sure would like the answer to that question. Drakes Bay oyster Co. was a favorite place of mine to visit. I hope they are successful at fighting this travesty, if not I will truly miss them. I wish them well.
respectfully, R Steve Schuermann, Sacramento