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National Park Service Enjoined By Court From Forcing Oyster Farm Out Of Point Reyes National Seashore

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An oyster company's legal battle to continue operations in Drakes Estero in Point Reyes National Seashore will continue into the spring following an appellate court's ruling. NPS photo of Drakes Estero.

The 9th U.S. Circuit Court of Appeals has blocked the National Park Service from forcing an oyster farm out of Point Reyes National Seashore and scheduled a hearing on the dispute for May.

In a terse order filed Monday, the appellate court granted the request for an emergency injunction from the Drakes Bay Oyster Co., whose lease to operate in the national seashore's waters expired in November. The appellate court was asked to consider the motion after a lower court denied the same request.

"Appellants’ emergency motion for an injunction pending appeal is granted, because there are serious legal questions and the balance of hardships tips sharply in appellants’ favor," the order read.

On February 4, a U.S. District Court judge declined to issue a temporary restraining order that would have allowed the oyster farm to continue operations in Drakes Estero while its owner, Kevin Lunny, pursued a lawsuit against the federal government.

In seeking the TRO, the company's lawyers argued that Interior Secretary Ken Salazar broke the Administrative Procedures Act and violated the National Environmental Policy Act when he decided last November not to extend the lease for 10 years. In denying the lease extension, the Interior secretary cited the value of wilderness and congressional intent. On the very next day, Park Service Director Jon Jarvis declared the estero part of the Philip Burton Wilderness at the Seashore, effective December 4.

In her ruling, Judge Yvonne Gonzalez Rogers held that she had no jurisdiction to rule on whether the Interior secretary broke the APA, and even if she did, Mr. Lunny did not prove that Secretary Salazar acted arbitrary or capricious, or abused his discretion, in his decision.

Drakes Bay Oyster Co. also is facing a cease-and-desist order handed it by the California Coastal Commission last month. That order cited unpermitted operations in the seashore's waters by the oyster company, land alterations, debris from the farming operations, violations of previous cease-and-desist orders, and company boats operating in waters that were supposed to be closed to traffic due to harbor seal pupping.

Comments

David Crowl:
In this issue I feel the land owner should be able to not renew a lease if they so choose as long as they give the tennant adiquate notice. (which was done long ago). I would hate to be a landlord and have the tennant tell me I have to continue a lease until they are ready to leave.

Try being a residential landlord in San Francisco or Berkeley under their rent control ordinances. They specifically only allow for several "just cause" evictions such as failure to pay rent or the owner moving in. If a tenant pays rent on time, that tenant can stay indefinitely.

Right now I'm guessing that NPS is treading really carefully with Lunny on the G Ranch. If they do anything that seems like they're penalizing his cattle operations to get back at him for his oyster farm activities, they might be looking at a lawsuit that he would likely win. They're obviously going out of their way to disassociate themselves from anything that looks like they're trying to get even with him by going after the cattle operations or the home he grew up in.


Would like to thank Traveler for this interesting discussion. I support the termination of the Oyster Farm lease, but do respect the other viewpoints. Would like to thank Barbara for posting the LA Times commentary.


Always the gentleman, rmackie. However :), I support this example of a century old enterprise where people actually work very connectedly to a resource with arguably positive environment effects. Working connected to the environent is good, healthy and a major contributor to one's own peace. Leave this oyster operation be, please. There's a point where unrestrained activism overreaches reason and good. Ever so apparent in today's political discourse. rmackie, maybe you could actually go out with the oystermen/oysterwomen and spend a day in their boots. Has anyone from Jarvis/Salazar to LE Rangers at PRNS stepped out of the NPS culture to emerse themselves in the world the rest of us live in? Try it, there are breakthroughs to be had.


Give me a break, trailadvocate. Most NPS employees don't live in parks. They live in the communities that surround the parks. Their kids go to local schools and they are members of the local PTAs, band boosters, volunteer fire departments and the like. They don't live in some kind of park bubble wrap. Many have good friends in their communities with whom the go bowling, play golf, and invite to dinner. You have got a pretty warped view of who they are, where they live, and with whom they associate.

BTW, I think it is about time to give this topic a rest. We can begin again when the court case is decided as I am sure we will.

Rick


Rick,

If you are tired of the thread, stop reading it. The rest of us are enjoying an informative, and civil, discussion of the issue.


Hey Rick, I'll try and keep the thread on point while addressing your bubble comments. I'm sure Kurt will appreciate that.

There are 30 people losing their jobs and a century long business will be relegated to a museum history interpretive prsentation. Not a business that goes along blowing up the Tetons in brazen search for precious metals and richdom. They raise and harvest oysters. By their very existence they improve water quality. That would seem to fit into the modern environmental mindset. Is there something else that drives those that pushes for their termination? In the days that Point Reyes NS had it's beginnings you'll have to admit the cuture was different. Today's culture as referenced by one of our leaders and thought by most others (in power) is that Americans have a right to be stupid:). Culture shift, no?

Addressing your "give me a break, bubble wrap" theme post, by your tone and words you pretty much have proven you are in a bubble. In my experience in a major park, most do live in the park. The communities just outside the park are very much based on visitors to the park. The voter statistics for the last few elections are in the 70%-80% Obama Progressive Camp (in a Red State). A considerable bubble one might think.

It will be interesting to see how the demographics work out this year as to visitation to our parks. I'm in a position to gauge those demographics and this last year Europeans, Canadians and Asians outnumbered Americans. As the private sector continues to be hammered (including those 30 unemployed Oystermen if Interior continues it's assault at a most unfortunate time), the figures should tell a story. More indication the bubble exists.

What I don't see is any consideration for those salt of the earth workers that mostly all of our previous generations were a part. Serious humbling is in order are my thoughts for "those in the bubble." Hard to achieve when the perks of government are flowing your way, I know.

I am giving you a break, Rick:).

I


Thirty jobs lost.

Folks don't seem so upset at the potential 3,000 jobs to be lost within the NPS due to the Congressional shenanigans of sequestration.


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