Legal

To watch the video: “The Framing of an Oyster Farm”,  click the link or copy and paste it into your web browser: http://vimeo.com/52331881

 

 

05-14-2013 Pacific Legal Foundation:

“….In 2009 Congress enacted a straightforward authority for the Secretary to issue Drake’s Bay Oyster Company a new permit for its shellfish farm in Point Reyes National Seashore.  It includes the phrase “notwithstanding any other provision of law” to prevent the Secretary from denying the permit based on a prior congressional designation of “potential wilderness” surrounding the oyster farm.  Simple, yes?

When former Secretary Salazar denied the oyster farm a new permit last November, he claimed that actually this statute “expressly exempts my decision from any substantive and legal requirements.”

claimed

Former Secretary of the Interior Ken Salazar writes that Congress has exempted him from every other law it ever enacted.

Read that again.  That is a member of the President’s cabinet, asserting that Congress has licensed him to do, well, whatever he wants.  Everyone who cherishes liberty should be alarmed by the federal government’s interpretation of this law.”

For the full article and the video click on or copy and paste the below link into your web browser:

http://oysterzone.wordpress.com/2013/05/15/05-14-2013-ninth-circuit-hears-argument-on-whether-interior-secretary-is-above-the-law-plf-liberty-blog/

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Posted: 07 May 2013 03:18 PM PDT:  

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

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 our podcast.
Drakes Bay Oyster Company will be asking the Ninth Circuit Court of Appeals in San Francisco to enjoin the federal government from ejecting the Oyster Company from its property, destroying its business and its employees’ jobs, and throwing several employees and family members out of their housing, before the trial court has even considered all of the arguments.

For more on this click on or copy and paste the link below into your web browser:

 http://oysterzone.wordpress.com/2013/05/12/05-07-2013-dboc-showdown-with-feds-in-9th-circuit-tuesday-05-14-13-morning-session/

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04-22-13 Drakes Bay Oyster Company Submits Brief, argues “injunction to be maintained, Secy’s action to be overturned.”

 “Although nearly fifty years have passed since California conveyed Drakes Estero to Defendants (NPS), they only recently became obsessed with eliminating the oyster farm, which resulted in illegitimate science, misrepresentations of data, incorrect interpretations of law, and violations of NEPA and their own regulations. DBOC has shown that it is likely to prevail on its claims calling these errors to account.”

 

“In their obsession to eliminate the oyster farm, Defendants have abused the law, the facts, the science—and especially the oyster farm, its employees, and their families. This Court should reverse the district court’s order and maintain the injunction.”

For more on this click on or copy and paste the link below into your web browser:

http://oysterzone.wordpress.com/2013/04/22/04-22-13-drakes-bay-oyster-company-submits-brief-argues-injunction-to-be-maintained-secys-action-to-be-overturned/

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On April 5, 2013, the Alliance for Local Sustainable Agriculture (ALSA) filed a Petition For Alternative Writ of Mandate with Marin Superior Court against the California Coastal Commission (CCC).

ALSA has joined with Phyllis Faber, a long-time Marin County environmental activist and member of the first California Coastal Commission, to challenge Cease and Desist and Restoration orders (Orders) the CCC recently adopted that will effectively shut down the Drakes Bay Oyster Farm (DBOF), the single most important sustainable shellfish aquaculture operation in the state, located within the Point Reyes National Seashore.

For the complete article, click on, or copy and paste the link below into your web browser:

http://oysterzone.wordpress.com/2013/04/10/04-05-2013-alliance-for-local-sustainable-agriculture-files-lawsuit-against-ca-coastal-commission/

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03-14-13  Amicus Brief filed by Alice Waters (Chez Panisse), Hayes St Grille, Tomales Bay Oyster Company, Multiple Farm Bureaus, and others

“Closing the Oyster Farm would have a broad, negative and immediate impact, on the local economy and the sustainable agriculture and food industry in the San Francisco Bay Area, on the school children of the workers who live in the housing units onsite, and, in the longer term, on food security and the U.S. balance of trade. Closing down the oyster farm in Drakes Estero, which has existed since the early 1930s, would be inconsistent with the best thinking of the modern environmental movement and further tear at the fabric of an historic rural community that the Point Reyes National Seashore [Seashore] was created to help preserve.”

These words opened a “Friend of the Court Brief” (attached, PDF) just submitted to the Ninth Circuit Court of Appeals in support of Drakes Bay Oyster Farm prepared by Judy Teichman on behalf Alice Waters, Chez Panisse Restaurant (Berkeley), the Marin and Sonoma County County Farm Bureaus, California Farm Bureau Federation, Marin Organic, Food Democracy Now, ALSA, the Hayes Street Grill (restaurant) and Stacy Carlsen, Ag Commissioner, County of Marin.

To read excerpts from the brief and / or the brief in its entirety, click on or copy and paste the link below into your web browser:

http://oysterzone.wordpress.com/2013/03/15/03-14-13-amicus-brief-filed-by-alice-waters-chez-panisse-hayes-st-grille-tomales-bay-oyster-co-multiple-farm-bureaus-others/

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03-04-2013  Cause of Action’s Executive Director Dan Epstein explained the consequences of the scientific misconduct:

“Cause of Action has exposed a culture of corruption and disregard for scientific integrity perpetrated by the government on the taxpayers’ dime. The Interior Department’s opaque reliance on misrepresented data demands immediate reform of the Agency, its departments, and its Office of Inspector General as well as a complete revision of NPS environmental impact statements.”

To read the full article click on the link below or copy and paste it into your web browser:

http://oysterzone.wordpress.com/2013/03/05/03-04-13-report-reveals-scientific-misconduct-at-department-of-the-interior/

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03-04-13 Cause of Action 36 page Report on DOI use of Flawed Science

Keeping Entrepreneurship at Bay How the Department of the Interior Uses Flawed Science to Foreclose the American Dream

Advocates for Government Accountability, Cause of Action on March 4, 2013 issued a 36 page investigative report:

“The findings in this report demonstrate the substantial misrepresentation and manipulation of scientific facts by NPS, MMS, USGS, and DOI and highlight the need for intense review and scrutiny. The corruption, lack of transparency, and void of accountability among these agancies are occurring on the dime of American taxpayers and demand serious and thorough review.”

For more on this as well as the entire report click on the link below or copy and paste it into your web browser:

http://oysterzone.wordpress.com/2013/03/05/03-04-13-cause-of-action-36-page-report-on-doi-use-of-flawed-science/

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03-04-13 Cause of Action held a conference call discussion of how Freedom of Information (FOIA) requests led to key findings of a pattern of scientific misconduct involving three govt agencies. For more on this and the link to the recording click on the link below or copy and paste it into your web browser:

http://oysterzone.wordpress.com/2013/03/05/03-04-13-conference-call-on-foia-requests-that-led-to-scientific-misconduct-findings/

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02-26-13 Press Release “…serious legal questions & balance of hardships tips sharply in appellants’ favor”

Said the court, “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.”

Emergency Injunction Granted for Drakes Bay Oyster Company

To read the full article click on the link below or copy and paste it into your web browser:

 http://oysterzone.wordpress.com/2013/02/25/02-26-13-press-release-serious-legal-questions-balance-of-hardships-tips-sharply-in-appellants-favor/

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02-25-13 Ninth Circuit Court establishes website for DBOC v Salazar Case

Drakes Bay Oyster Co. v. Salazar, 13-15227.

The link above takes you to the Ninth Circuit Court website where you may get updates mentioned below:

“Due to the level of interest in this case, this site has been created to notify the media and public of procedures and rules for admission to proceedings, as well as access to case information.”

Please check this website regularly for updates.

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02-25-13 Temporary Injunction Granted

To read the full document, click on the link below or copy and paste it into your web browser:

13-15227_order_granting_injunction_pending_appeal_and_expediting_calendaring

02-06-13 Kevin Lunny: “We continue to be grateful for the outpouring of support from our community.  We have had time to weigh our options carefully, and have decided to appeal the judge’s decision.”

To read the full article click on the link below or copy and paste it into your web browser:

http://oysterzone.wordpress.com/2013/02/06/02-06-13-drakes-bay-oyster-company-appeals-judges-decision/

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Posted by Communications Staff in Blog on January 23, 2013 12:30 pm / no comments

The decision last November by Interior Secretary Ken Salazar not to renew The Drakes Bay Oyster Company’s lease was based on a number of inaccurate and misleading claims. Here are five myths that the Secretary, his supporters, and the National Park Service use to justify the oyster farm’s eviction from Drakes Estero:

To read the full article click on the link below or copy and paste it into your web browser:

http://oysterzone.wordpress.com/2013/01/24/01-23-13-dispelling-the-myths-about-the-dboc-conflict-with-the-nps/

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Media Advisory: Court Hearing to Determine the Future of Drakes Bay Oyster Company Scheduled for Jan 25

WHO:   Kevin Lunny, owner, Drakes Bay Oyster Company

Amber Abbasi, Chief Counsel for Regulatory Affairs at Cause of Action

Ryan Waterman, of Counsel at Stoel Rives, LLP
Peter Prows, Partner at Briscoe Ivester & Bazel, LLP

Cause of Action is a nonprofit, nonpartisan organization that uses investigative, legal, and communications tools to educate the public on how government accountability and transparency protects taxpayer interests and economic opportunity.

WHEN: Friday, January 25, 2013 at 2:00pm Pacific Time

WHERE: Oakland Courthouse, Courtroom 5 - 2nd Floor

1301 Clay Street, OaklandCA 94612

RSVP: This hearing is open to the media and the public. Cameras will not be allowed inside the courtroom.

To speak with Kevin Lunny, owner of Drakes Bay Oyster Company or Amber Abbasi, Chief Counsel for Regulatory Affairs at Cause of Action, contact Mary Beth Hutchins,mary.beth.hutchins@causeofaction.org or Jamie Morris, jamie.morris@causeofaction.org, at

            202-499-4232      

For the full article, click or copy and paste the link below into your web browser

http://causeofaction.org/2013/01/16/media-advisory-court-hearing-to-determine-the-future-of-drakes-bay-oyster-company/

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12-13-12 Tess Elliott, Editor Point Reyes Light

On Wednesday four law firms working pro bono for Drakes Bay Oyster Company applied for a temporary restraining order with the federal district court in San Francisco.

The filing states that Interior Secretary Ken Salazar’s order to shut down the oyster farm would result in the immediate loss of 2.5 million oyster larvae and the layoff of one-third of the farm’s workforce—roughly 10 individuals—over the holiday season; it notes that 15 people live on the farm, including seven children.

It also argues that fulfilling the Secretary’s order to dismantle operations and remove all infrastructure within 90 days is not possible.

The lawyers state that a restraining order must be granted in cases in which there is proof of serious irreparable harm and where it is in public interest to grant a restraining order. A hearing on the request has not yet been set.

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12-03-2012: Drakes Bay Oyster Company Files Lawsuit | Cause of Action

DRAKES BAY OYSTER COMPANY FILES LAWSUIT AGAINST FEDERAL GOVERNMENT FOR ABUSING AUTHORITY, MISREPRESENTING SCIENCE

National Park Service, Interior Department, Secretary Salazar All Named in Lawsuit Over Shut-Down of Bay Area Family Farm

To read the full article click on the link below or copy and paste it into your web browser:

http://oysterzone.wordpress.com/2012/12/05/12-03-2012-drakes-bay-oyster-company-files-lawsuit-cause-of-action/

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12-03-2012 To read the actual lawsuit filing, click on the link below or copy and paste it into your web browser: (it is 100 pages please be patient)

DBOC-Et-Al-v-Salazar-Et-Al 12-03-12

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11-27-2012 The Final EIS is out, Secretary Salazar came to Drakes Estero, and a Secretarial “decision” is slated to be announced later this week.

DBOC reviewed the NPS Final EIS (FEIS) on the DBOC pending permit extension and just submitted comments to the Secretary.  In the very short time available to review this 1000 page document,  the sections on “sound” were reviewed because it was the only environmental impact determined by NPS to be MAJOR if the farm is allowed to continue.  The NPS science in this $2 million EIS is false – it’s just plain wrong.

For the letter to Salazar from DBOC, click the link below:

2012-11-27-DBOC to Sec Salazar

For the Environ Comments Memo on the Final EIS, click the link below:

2012-11-27-ENVIRON DBOC_FEIS_Soundscape_Comments_Memo

For the Stoel (attorney’s) letter to Salazar, click the link below:

2012-11-27-Stoel letter to Sec Salazar

Your attention is directed to the ENVIRON letter and Dr. Goodman’s analysis.

According to ENVIRON:

ENVIRON LETTER.

“The soundscape impact analysis remains fundamentally flawed. It does not offer sufficiently coherent and correct information upon which to base informed decisions regarding noise impacts from the DBOC facility. The FEIS appears to be based more on pursuing a specific, preconceived result than in factually considering noise generated by the DBOC operations and transmission of such noise to other locations.”

 “NPS has spent time and money developing an equally invalid, slanted, and incomplete assessment.”

“DBOC SOURCE NOISE LEVELS ARE STILL GROSSLY EXAGGERATED

The noise analysis reported in the DEIS relied on gross exaggerations of DBOC source noise levels based on misuse of data from measurements of other sources.”

 NPS’s repeated, unsupported criticisms regarding the quality and utility of the ENVIRON sound level measurements are simply a disappointing attempt to cast doubt where none exists. In lieu of taking actual sound level measurements of the specific equipment whose noise it is attempting to assess, NPS instead opted to criticize but then essentially substantiate and then use the ENVIRON sound level measurement data representing DBOC equipment. At the same time NPS has continued to use an exaggerated range of possible equipment noise levels based on false comparisons with unrepresentative equipment.

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11-01-2012

NPS missed a critical NEPA deadline last week. 

DBOC has not been informed why or what NPS now plans to do.  NPS has not communicated with Kevin and Nancy Lunny regarding how they will now proceed.

DBOC’s attorney, Ryan Waterman, wrote Secretary Salazar on November 1, 2012:

“The National Park Service (NPS) has failed to meet a critical National Environmental Policy Act (NEPA) public review deadline.  As a result, the NPS cannot publish a Final Environmental Impact Statement (FEIS) for the Drakes Bay Oyster Company Special Use Permit (DBOC SUP) that provides even the minimum period of public review prior to November 30, 2012.”

Secretary Salazar, in that letter, was also told that:

“By letter on September 17, 2012, we also documented legal inadequacies identified by the National Research Council of the National Academies of Sciences in the Draft EIS (DEIS) for the DBOC SUP, which make the DEIS so inadequate as to preclude meaningful analysis pursuant to NEPA regulations.  These inadequacies also prohibit NPS from proceeding to finalize the DEIS into a FEIS, but instead, require revision and republication of the DEIS (an exercise that also cannot be completed prior to November 30, 2012).”

In April 2008, NPS and DBOC executed a special agreement – a Memorandum of Understanding –  signed by then-NPS Regional Director, Jon Jarvis, that gave DBOC a “seat at the table” in any ensuing NEPA process.  However, NPS unilaterally ignored that commitment throughout this process.  Now, in light of the NPS to meet its own deadlines, DBOC is in the dark as to what is happening and the letter just sent provides Secretary Salazar with a proposal for approving our pending permit application.

For the full text of the The DBOC letter to the Secretary, from their attorney, Click the link below:

http://oysterzone.wordpress.com/2012/11/04/11-01-2012-nps-misses-critical-deadline-re-deis-which-is-legally-inadequate-per-nas/

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10-10-2012

Charlton Bonham, the Director of the State of California, Natural Resources Agency, Department of Fish and Game, in a letter to Point Reyes National Seashore Superintendent Cicely Muldoon, wrote to “encourage continued cooperation between the National Park Service, the California Department of Fish and Game (“Department”), and Drakes Bay Oyster Company….”

He cites the “47 years” of  the two agencies having worked together “to allow continued aquaculture in Drakes Estero.” and “….fishing rights included the rights…for shellfish cultivation.” 

He reminds her of the “…almost five decades, the State has supported aquaculture in Drakes Estero….” and that “continued cooperation … will benefit the environment, the community, and the local economy, consistent with our agencies’ unique history of managing this property….”

For the full text of the letter, click the link below:

DFG Muldoon_Drakes Bay Letter 10_10_12[1]

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10-04-2012

Today, Cause of Action (CoA), a government watchdog nonprofit, sent a letter to a bi-partisan group of Senators, House Members and other elected officials including Senator Feinstein and Chairman Issa, and the Marin County Board of Supervisors, regarding the Data Quality Act (DQA) complaint which statedon August 7, 2012, the Lunnys and Dr. Goodman, with the assistance of Cause of Action, a nonprofit dedicated to fighting arbitrary federal overreach, filed a DQA complaint with the National Park Service for its intentional use of inaccurate, non-transparent, and deliberately misleading information.  Federal law requires that NPS respond within 60 days to this complaint, and either begin the process of correcting its errors or explain why it will not.”

For the full text, click on the link below:

http://oysterzone.wordpress.com/2012/10/04/10-04-2012-cause-of-action-letter-to-senators-house-members-etc-re-data-quality-act-complaint/

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09-14-12:

Counsel for the Lunnys, Ryan Waterman, submitted a letter to NPS which concluded, “Based on the (National Academy of Sciences) NRC Report’s findings, NEPA regulations (Federal) prohibit the National Park Service (NPS) from finalizing the Drakes Bay Oyster Company Special Use Permit Draft Environmental Impact Statement (DEIS) because the NRC Report shows that the DEIS is so inadequate as preclude meaningful analysis pursuant to 40 C.F.R., Section 1502.9(a).  Instead, NPS must now revise the entire DEIS, and recirculate and seek public comment on the revised DEIS.”

The Waterman letter to NPS then states, “Yet it is simple to apply the NRC Report’s highly critical structural and substantive critique of the DEIS’s scientific information, analyses, and conclusions to NEPA regulations to reach the inescapable conclusion that the entire DEIS must be revised and recirculated.  This is so because the errors identified by the NRC Report are pervasive and effect the DEIS as a whole.”

Counsel then says, “The errors identified by the NRC Report go to the very heart of the DEIS.”

The Waterman letter concludes stating, “NEPA regulations are clear that a federal agency may not finalize a draft EIS that precludes meaningful analysis under 40 C.F.R. Section 1502.9(a).  The NRC Report demonstrates unequivocally that the DEIS fails to pass this basic test in a number of important ways.  Accordingly, NPS will commit NEPA error if it finalizes the DEIS before preparing and re-circulating a Revised DEIS because the findings made in the NRC Report demonstrate that the DEIS is so inadequate as to preclude meaningful analysis….Instead NPS must now revise the DEIS, and re-circulate and seek public comment on the Revised DEIS.”

The 12-page letter, part of a 100-page detailed submission, identifies one DEIS failure after another based on the National Academy’s review.  This is the second highly critical Report from the National Academy of Sciences.  In 2009, the NAS severely criticized the NPS for manipulating and misrepresenting data.  The new NAS (NRC) report concludes that little changed.

Click here for the entire document

2012-09-14-Corresp to National Park Service

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09-14-12

STOEL RIVES LLP, Attorneys at Law, letter to NPS:

“NEPA regulations are clear that a federal agency may not finalize a draft EIS that precludes meaningful analysis under 40 C.F.R. Section 1502.9(a).  TheNRC Report demonstrates unequivocally that the DEIS fails to pass this basic test in a number of important ways.  Accordingly, NPS will commit NEPA error if it finalizes the DEIS before preparing and re-circulating a Revised DEIS because the findings made in the NRC Report demonstrate that the DEIS is so inadequate as to preclude meaningful analysis….Instead NPS must now revise the DEIS, and re-circulate and seek public comment on the Revised DEIS.”

For the complete letter, click the link below:

http://oysterzone.wordpress.com/2012/09/16/09-14-12-lawyers-find-deis-errors-so-pervasive-as-to-preclude-meaningful-analysis-entire-deis-must-be-rewritten/

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08-20-12

NPS response to Abbasi Cause of Action

Referencing the complaint requesting correction of specific items in dEIS and in the Atkins final Report, the “Information Collection Clearance Officer of the NPS Business Services Directorate stated:

“Your complaint has been referred, and will be evaluated, and you will be notified in accordance with the provisions of National Park Service Director’s Order #11 B: Ensuring Quality of Information Disseminated by the National Park Service and Department of the Interior Information Quality Guidelines.”

For the full text of the letter:

IQ-Cause-Interim-08-20-12

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08-07-2012

a Data Quality Act Complaint was filed with the National Park Service by Dr. Corey Goodman and Kevin and Nancy Lunny, owners, Drakes Bay Oyster Company to make corrections as required by law and policy in the NPS Draft Environmental Impact Statement (DEIS) and the Atkins Final Peer Review (March 2012).

NPS must acknowledge the report within 10 days and by statute, respond within 60 days.

Summary of Complaint

“To comply with applicable minimum information-quality standards, all scientific information that NPS disseminates in publications such as the DEIS and Atkins Peer Review Report must be, among other things, accurate and timely; based on the best available science and supporting studies and the most current information available; highly transparent; supported by reliable data, including on-site data when required by law; consistent with sound and accepted scientific practices and policies; evidence-based; reproducible by qualified third parties; and objective and unbiased in terms of both presentation and substance.

NPS can only claim that Alternative A is the “environmentally preferred alternative” because it flagrantly and repeatedly failed to comply with these minimum information-quality standards. Conclusions in the DEIS that DBOC causes “major” long-term adverse impacts on Drakes Estero’s “soundscape” and “wilderness” are based on inaccurate, nontransparent, false, and misleading data and analysis that violates NPS’s information-quality guidelines, as are claims that DBOC causes “moderate” long-term adverse impacts on Drakes Estero’s “harbor seals,” “birds and bird habitat,” and “visitor and recreation experience.”   If the DEIS is corrected to meet basic minimum information-quality standards, it becomes clear that DBOC’s operations do not have long-term adverse impacts on Drakes Estero’s environment.”

Click on the link or copy and paste this link into your web browser http://causeofaction.org/2012/08/08/information-quality-complaint-to-national-park-service/.

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08-07-2012

Cause of Action Complaint

RE: Complaint about information Quality.

“Information disseminated by NPS in the DEIS and Atkins Peer Review Report fails to conform to minimum information-quality standards established by the OMB Guidelines, DOI Guidelines, and Director’s Order #11B. This inaccurate, nontransparent, and deliberately misleading information is reasonably likely to cause severe harm to the Lunnys—who may be forced to close their family business, Drakes Bay Oyster Company (hereinafter “DBOC”)—and Dr. Goodman, who is a user of the information provided in these publications and adversely affected by the scientifically invalid data and methods used therein.”

For the full text of the complaint, click on the link below:

DQA Complaint to NPS 07-07-2012

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02-13-12 

US Senate Committee on Environment and Public Works article

As part of their ongoing investigation into the scientific misconduct within the Obama Administration, Senator David Vitter (R-La.) and Senator James Inhofe, Ranking Member of the Senate Committee on Environment and Public Works, sent a letter today to Secretary of the Interior Ken Salazar asking him to explain why he consistently ignored serious complaints regarding the scientific integrity of the Director of the National Park Service (NPS) Jon Jarvis, and why these allegations were not addressed during Mr. Jarvis’ nomination process.

For the full story, click on this link:

http://1.usa.gov/zp1jfD

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02-13-12

Letter from Senators Vitter and Inhofe to Salazar

Senators Vitter and Inhofe to Secretary Salazar:

“On three occasions in 2009, while the Jarvis nomination was being vetted, Dr. Corey Goodman, an elected NAS member, submitted three letters to you detailing a case of serial scientific misconduct by Jon Jarvis and NPS officials and scientists under his direct supervisionWe are in possession of the three letters dates April 27, 2009, May 10, 2009 and May 16,2009. That a distinguished member of the NAS would need to send such letters of concern to you directly is distressing. Even more distressing is the fact that you have failed to respond.”

For the full text of the letter, click the link below:

http://1.usa.gov/wQIK4G

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12-10-2011

Marin Voice: Former Assemblyman [Author of AB 1024] Says Original Legislation Favors Oyster Farm

“…October 22, 1965 letter from the director of the Department of Fish and Game to the superintendent of the Point Reyes National Seashore stating that since [Assembly Bill] AB 1024 ‘reserved fishing rights to the state, (it) appears all state laws and regulations pertaining to shellfish cultivation remain in effect [and thus] are applicable to the Johnson Oyster Company.’ On March 25, 1966  Superintendent Leslie Arnberger responded: ‘This office is quite agreeable with your) interpretation…” All of this was confirmed by the National Park Service in a 1974 environmental review of possible wilderness status: ‘…control of the lease…from the California Department of Fish and Game, with a renewal indefinitely, is within the rights reserved by the State.’

Folks who wish to change history or legal rights should not try to do so while the author is still alive.”

For the full article, click on the link below:

12-10-11 Former Assemblyman Says Original Legislation Favors Oyster Farm

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10-20-11 

Republican Congressman, Darrell Issa, Chairman of the House Committee on Oversight and Government Reform sent a letter to Secretary of the Interior Ken Salazar of formal announcement of a Congressional investigation

Issa, former founder and CEO of Directed Electronics named entrepreneur of the year by Inc. magazine, Member of the House Judiciary Committee, requested all documents by noon 11/04/11, and the appearance in Washington for “transcribed interviews” as of 11-07-11.

Called to appear are NPS officials, scientists, and a DOI solicitor, namely:

  1. Gavin Frost, Solicitor’s Office
  2. Jonathon Jarvis, NPS Director
  3. Don Neubacher, Former Superintendent, Point Reyes National Seashore
  4. Dr. Marcia McNutt, Science Advisor to the Office of the Secretary
  5. Dr. Sarah Allen, NPS Scientist
  6. Dr. Ben Becker, NPS Scientist
  7. Cicely Muldoon, Superintendent, Point Reyes National Seashore
For the full text of the letter, click the link below:

http://oysterzone.wordpress.com/2011/10/28/10202011-house-committee-on-oversight-and-government-reform-investigation/

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08-11-11

Pete McCloskey, Bagley, Burton letter to Secretary of the Interior Ken Salazar

Pete McCloskey is a former Republican Congressman, now Democrat, Co-Founder of Earth Day, Author of Endangered Species Act, 2006 Recipient of Sierra Club Edgar Wayburn Award, 2010 Recipient of Sierra Club Environmental Hero Award, and co-author of 1976 Point Reyes Wilderness Act.

William T. Bagley is a former Assemblyman, and co-author of 1976 Point Reyes Wilderness Act.

John L. Burton is a former Congressman co-author of 1976 Point Reyes Wilderness Act.

on August 11, 2011, wrote a letter explaining the original intent of the 1976 Wilderness Act was to protect and preserve the ranches, dairies and oyster farm when designing the Point Reyes Wilderness Area.

Also:

“It seems highly possible to us that there are elements in the Park Service Administration, which have had a secret agenda for some years to drive out not only the oyster farm, but the privately-leased ranches as well. There have been a whole series of small impositions on the ranchers which serve to make their operations more difficult. As of last weekend, for example, the Park Service had made no attempt to keep the wild tule elk herds in the northern wilderness section of the Seashore from breaking out onto the cattle ranches in the pastoral zone.

 We think it might go a long way to restore public confidence in the Park Service to hold appropriate congressional committee hearings to ascertain why the Service seems dedicated setting aside the words of Director Wirth of fifty years ago, and the testimony of Congressman Burton and Senator Tunney and the words of former Assistant Secretary Nat Reed regarding the 1976 Wilderness Act.”

For the full text of the letter, click on the link below:

Pete McCloskey Letter to Secretary of Interior Ken Salazar re DBOC 08-11-11

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08-11-11

Exhibits accompanying McCloskey letter to Salazar of 08/11/11

For the full text of the exhibits, click on the link below:

McCloskey to Salazar re DBOC 08-11-11 Exhibits accompanying letter to Salazar

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01-19-09 Dr. Goodman letter to NAS, NRC Ocean Studies Board panel

“RE: New Information Shows that the National Park Service Committed Scientific Misconduct in the Documents it Presented”

“…all of the ‘mariculture-related’ disturbances in 2007 cited by the NPS occurred in less than two weeks prior to the May 8, 2007 Marin County Board of Supervisors hearing.

Tide charts and direct experimental analysis … reveal the sandbars in question were under water when seals were supposedly observed getting flushed into the water….by oyster workers that time clock and payroll records show were not working.”
For the text of the entire report, click the link below.

Dr Goodman to NAS 01-18-09

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12-18-07 Dr. Corey Goodman to Dr.. Susan Roberts, Executive Dir., Ocean Studies Bd., Nat’l Research Council, Nat’l Academy of Sciences

“RE: “ Violations of Federal Policy on Research, THE CASE FOR SCIENTIFIC MISCONDUCT; The attempt to Cover-up the NPS Misconduct and Prevent its Investigation by Jon Jarvis, and David Graber; and the Failure to Properly Investigate Misconduct in Objective and Timely Fashion by the DOI’s Office including Attorney Molly Ross.”

Dr Goodman to NAS 12-18-07

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2 Comments

  1. Maureen Kayes

     /  November 16, 2012

    Have you all reached out to Senator Udall’s office? http://www.tomudall.senate.gov/?p=federal_government

    Looks like he sent a letter to Superindent Cicely Muldoon for the recent 50th year Anniversary of the Seashore AND his father used to be the Secretary of the Interior. If you aren’t having any luck with Salazar, it may help to get these other heavy hitters in DC involved.

    Interesting fact also about Salazar is that he is a rancher and farmer so you would think he would be advocating for the Oyster Farm!

    Reply
    • We have. Re: Salazar, you would think so, but alas, no. Check out the article under NPS Elsewhere, where he threatened to “punch out” a reporter over being questioned on his stand against wild horses on (NPS) public lands and where he threatened a photographer!

      Reply

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