12-12-12 Temp restraining order Applied for by DBOC – “proof of serious irreparable harm” and “in the public interest”

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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1 Comment

  1. Remick H

     /  December 13, 2012

    Support this action


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