05-07-2013 DBOC showdown with Feds in 9th Circuit Tuesday 05-14-13 morning session

Posted: 07 May 2013 03:18 PM PDT
(if the below links do not work, please see the link at the end of this article)
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.
The Oyster Company is seeking an injunction in the Ninth Circuit because the trial court refused to grant one.  The trial court erroneously agreed with the federal government that it could deny a renewed permit for any reason or no reason at all, based on an outrageous interpretation of a federal statute, the purpose of which is clearly to enable renewal of the permit.  The trial court also erroneously concluded that there is a compelling public interest in imposing a wilderness designation that counterbalances the interest in property, jobs, and housing for the Oyster Company and its employees.  PLF looks forward to the Ninth Circuit correcting these errors and issuing the injunction which Drakes Bay Oyster Company seeks.
I will be attending the hearing, and live tweeting from the courthouse as the hearing proceeds, to provide the most up-to-date information on this important case for freedom to use private property and engage in business free from arbitrary wilderness designations.
For the link to the blog and / or the podcast click on the link below or copy and paste it into your web browser:
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5 Comments

  1. ALRUI

     /  May 13, 2013

    Hi Jane – Thanks for the article and link (and ALL of your hard work!). I tried the link for the podcast but get a Microsoft Outlook Web App log in screen only. Is there something more I need to do? Please advise.

    Thanks!
    Arnold R.

    Reply
    • I’ll test the link and see if I can fix it.

      Reply
      • I have added the link to the PLF article itself so you can get to the podcast – these things don’t work when copied and pasted but the link to the original will get you where you need to go to hear the podcast.

        Reply
  2. maddy

     /  May 13, 2013

    What time is the hearing and where?

    Thank you!

    Reply
    • WHEN: Tuesday, May 14, 2013 at 9:00am Pacific Time
      WHERE: U.S. Court of Appeals for the Ninth Circuit, Courtroom 1, 95 Seventh Street, SF, CA 94103
      Overflow Locations (with live feed): Courtroom 4 & the Courthouse Cafe
      TAKE THE DBOC CARE-A-VAN by Thunderstar – a 56 passenger capacity bus
      DBOC BUS LEAVING SMITH RANCH ROAD/LUCAS VALLEY ROAD PARK AND RIDE AT 6:20 AM – ARRIVE AT 6:10 AM!!!
      OVERFLOW RIDERS CAN CARPOOL.
      Be on time, bus and car pools leaving at 6:20 AM.

      Reply

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