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After a two-year legal battle to stay open, an oyster farm at Point Reyes National Seashore announced Monday it has settled its case and
will close all of its operations by Dec. 31.
The Drakes Bay Oyster Co. had sued the U.S. Interior Department in federal court to challenge a 2012 decision by then-Interior Secretary Ken
Salazar to allow its lease at an estuary of Drakes Bay to expire.
The company lost its bid for a preliminary injunction from a federal trial judge in Oakland and before the 9th U.S. Circuit Court of Appeals in San Francisco. The last legal step in the case came in June, when the U.S. Supreme Court declined to hear its appeal.
The oyster farm closed its retail and canning operations on July 31, but continued wholesale sales while negotiating with the National Park
Service about the terms of a full closure.
Under the settlement, announced by both the oyster company and the National Park Service on Monday, Drakes Bay can continue the harvesting and wholesale sales of oysters until Dec. 31.
The park service will take responsibility for the complex removal of onshore facilities and underwater oyster-farming structures spread over
1,000 acres of the estuary and will also provide federal relocation assistance to company employees.
Oyster farm co-owners Kevin, Joe and Bob Lunny said in a statement, “We fought long and hard all the way to the U.S. Supreme Court. Along the way we stood up for family farms, for sustainable food, and for scientific integrity in government.”
The Lunnys said they plan to open a oyster restaurant in Inverness.
Christine Lehnertz, the Pacific West Regional Director of the National Park Service, said, “We are pleased to have reached this settlement.”
Lerhnertz said that more than 2.5 million people visit the national seashore each year and that Drakes Estero is slated to become part of the only marine wilderness on the West Coast outside of Alaska.
“We will continue to take our stewardship responsibilities seriously on behalf of the American people,” Lehnertz said.
Amy Trainer, the executive director of the Environmental Action Committee of West Marin, called the settlement “a very generous deal for the oyster company.”
“We are glad that Drakes Estero, a magnificent ecological treasure, is finally on its way to be restored to its wild, natural rhythm, free of non-native and invasive species,” Trainer said.
The settlement must be approved by U.S. District Judge Yvonne Gonzalez Rogers of Oakland.
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This appears to be another example of the bloated, aggressive, out-of-control, left-wing-loon Federal Government confiscating private property to expand their control over citizens and further their political agenda. The EPA, BLM, NPS need to have their wings clipped dramatically. In fact, the EPA has gotten so out of control, the agency needs to be eliminated, or at a minimum, have their authority drastically reduced. Their actions suggest they should be called the ENA (Enviro-Nazi Administration). That oyster farm has been there for over 100 years – what a tragedy. Time for people to wake up to the great Socialist property grab — your property may be next).
@”You Didn’t”
The government isn’t confiscating any private property. It is simply declining to extend a lease for use of public land by the Drakes Bay Oyster company. Yes, Drakes Bay Oyster has been there a long time, but they’ve always known that they don’t own the land that they operate on.
This is an old story, dating back to the 1960’s when it was agreed that the oyster operation would be closed. The current owners bought the business knowing the closing date, but then tried to keep it going through litigation bound to fail. Contracts had been drawn up and signed to end operations, and courts did not allow the contracts to be overturned, given the agreements lasting through multiple federal administrations. The rule of law won out. This is not a confiscation. Private use of public land is always subject to change, especially as in this case when pollution of sensitive systems have been causing lasting damage.
Typical gov screw up.
Guess what folks now in 2015 you will buying Oysters from China…good luck on eating that crap.
Some day I hope soon you liberals will just fade away.
Thanks for listening, Julia Pardini from Alamo
Julia,
Do you actually believe anything you type?