03-20-16 This American Life on seals in San Diego

“…the show makes it clear the seals were never ‘threatened’…”

 

The Bennet Brigade and the environmental lawsuits are alive and well in San Diego, rivaling the Bennet/Desai/Trainer efforts here, and shows what happens when this behavior gets out of hand in a major metropolitan area.

 

http://m.thisamericanlife.org/radio-archives/episode/582/when-the-beasts-come-marching-in

 

Unbelievable….the truth and real purpose becomes totally lost in acrimony on both sides….and the show makes it clear the seals were never ‘threatened’  and no middle ground was acceptable to the seal proponents…it was seal  proponents vs. shared use in which the shared use proponents where characterized as haters of seals and wildlife….This needs wide publicity….

 

Best,

John Hulls

10-03-14 Law on the Half Shell SHELLSHOCKED – Saving Oyster to Save Ourselves

“Overfishing and pollution have devastated oyster reefs worldwide, leading to their labeling as the ‘most severely impacted marine habitat’ on the planet.  With a single oyster able to filter over fifty gallons of water per day and reefs of oysters forming the bases of entire ecosystems and economies, the effects of this destruction have been dire.  Attempts are underway to rebuild oyster reefs, with New York Harbor the focus of the youth-led Billion Oyster Project.  Yet such endeavors have faced tremendous opposition, ranging from the Obama Administration’s removal in 2014 of Drakes Bay Oyster Farm in Marin County, CA and the Supreme Court’s subsequent refusal to review the decision, to the State of Massachusetts blocking current efforts to use oysters to clean up the polluted Mystic River, to New York’s Department of Environmental Conservation hampering individual homeowner efforts to clean up New York’s polluted waterways through oyster farming.”

Copyright Litigation Blog

Copyright law, fine art and navigating the courts. All practice, no theory.

Friday, October 03, 2014

Law on the Half Shell: Film Screening and Discussion On Oysters and the Law October 15 in NYC

Dunnington partner Raymond J. Dowd invites you to a screening of the internationally acclaimed documentary SHELLSHOCKED – Saving Oysters to Save Ourselves and follow-up discussion of the legal controversies brewing over oysters.  The event is to be held on Wednesday, October 15, 2014 at 6:00 p.m. at the New York County Lawyers’ Association (14 Vesey Street, New York, NY).

Formerly known as the oyster capital of the world, New York Harbor is now bereft of oysters.  Overfishing and pollution have devastated oyster reefs worldwide, leading to their labeling as the ‘most severely impacted marine habitat’ on the planet.  With a single oyster able to filter over fifty gallons of water per day and reefs of oysters forming the bases of entire ecosystems and economies, the effects of this destruction have been dire.  Attempts are underway to rebuild oyster reefs, with New York Harbor the focus of the youth-led Billion Oyster Project.  Yet such endeavors have faced tremendous opposition, ranging from the Obama Administration’s removal in 2014 of Drakes Bay Oyster Farm in Marin County, CA and the Supreme Court’s subsequent refusal to review the decision, to the State of Massachusetts blocking current efforts to use oysters to clean up the polluted Mystic River, to New York’s Department of Environmental Conservation hampering individual homeowner efforts to clean up New York’s polluted waterways through oyster farming.

SHELLSHOCKED – Saving Oysters to Save Ourselves, winner in the category of Best Short Feature at the Princeton Environmental Film Festival 2012, focuses on efforts to restore oysters to the waters where they once thrived and the pushback such undertakings have faced, both legally and environmentally.  Following the screening, SHELLSHOCKED director Emily Driscoll, Meredith Comi of the NY/NJ Baykeeper’s Oyster Restoration Program and internationally renowned geotherapy-focused artist Mara Haseltine will join Mr. Dowd in a discussion of these issues.

Tickets for Law on the Half Shell are available on the NYCLA website.  The cost is $35 for NYCLA members/$55 for non-members (includes 2 CLE credits) and $15 for non-attorneys.  We hope to see you there!

 

About Dunnington partner Raymond J. Dowd  Mr. Dowd’s practice consists of federal and state trial and appellate litigation, arbitration and mediation.  He has served as lead trial counsel in notable cases involving art law, copyrights, trademarks, cybersquatting, privacy, trusts and decedents’ estates, licensing, corporate and real estate transactions.  He has litigated questions of Austrian, Canadian, French, German, Italian, Russian and Swiss law and handled contentious matters in Surrogate’s Court, including Matter of Flamenbaum, 2013 NY Slip Op 07510 (Nov. 14, 2013), in which he succeeded in recovering an ancient Assyrian tablet for the Pergamon Museum in Berlin.

Mr. Dowd is the author of the acclaimed Copyright Litigation Handbook (West-Thomson Reuters) and frequently lectures on copyright litigation, including before the prestigious Copyright Society of the U.S.A.  In 2014, Copyright Litigation Handbook was selected by Cravath partners David Marriott and David Kappos for a copyright dispute externship at Columbia Law School.  At the 2009 Prague Conference on Holocaust-Era Assets, he was selected for an expert legal panel, and he has lectured widely at venues including the Jewish Museum in Berlin, Yad Vashem in Jerusalem, the Pennsylvania Academy of the Fine Arts, the San Francisco War Memorial, the U.S. District Court for the District of Columbia, and many chapters of the Federal Bar Association.  In 2007, he co-founded the annual Art Litigation and Dispute Resolution Institute at New York County Lawyers’ Association.

Mr. Dowd is a graduate of Manhattan College (B.A. International Studies cum laude, 1986) and Fordham Law School (1991), where he served on the Fordham International Law Journal.  He speaks French and Italian.  He is admitted to practice in the State of New York and to the Southern and Eastern Districts of New York, and to the First, Second, Fifth, Seventh, Ninth, and Tenth Circuit Courts of Appeals.

Dunnington, Bartholow & Miller LLP was selected as a 2014 Top Ranked Law Firm for Intellectual Property by Corporate Counsel/ALM/The American Lawyer.  Dunnington is a full-service law firm providing corporate, litigation, intellectual property, real estate, taxation and estate planning services for an international clientele.  Find out more at www.dunnington.com.

07/31/14 Epoch Times, #1 Chinese Media Group, Sabrina Chang, Reporter, Coverage of DBOC last retail day

Sabrina Chang, Reporter for Epoch Times, the No. 1 Chinese Media Group was at the oyster farm on Thursday with a film crew.

Below is a link to her video that evening  in which Kevin Lunny, and others are recorded making short statements about the situation.

// // //

Ms Change also stated: We also have this piece of news on today’s Epoch Times newspaper.

08/03/14 Travel Channel video on Long Island, NY Oyster Farm in a Wildlife Refuge

TO SEE THE VIDEO, CLICK ON THE LINK BELOW

 

06-27-14 Al Jazeera covers DBOC

To watch the video, click the link below

http://america.aljazeera.com/watch/shows/live-news/2014/6/community-dividedoveroystercontroversy.html

04-14-14 Videos originally aired on Marin TV RE: DBOC, by Peggy Day of “Seriously Now”

Peggy Day, Producer of Seriously Now on Marin TV has posted to Vimeo 8 programs on aired on the DBOC story.

Please click on or copy and paste into your web browser the link below to watch them. You will need to scroll down the page and / or click next to view all the videos posted to the YouTube channel.

http://vimeo.com/channels/723685

12-07-13 PROF JOE FAILS TO STEP UP TO ON AIR DIALOGUE with DR. GOODMAN

CLICK THE LINK BELOW TO HEAR THE INTERVIEW

http://sedonadreams.com/?p=1027

12-07-13 Prof. Mueller Backs Out of Radio Opportunity to debate Dr. Goodman

——– Original Message ——–
Subject: RE: Fwd: East Bay Express: The Oyster Company That Wouldn’t
Leave
From: <george@sedonadreams.org>
Date: Sat, December 07, 2013 7:40 pm
To: “Joe Mueller” <joen8ture@gmail.com>

Joe – If at any time during tonight’s show you have the cojones to challenge any statement made by Dr. Goodman, please feel free to call 1-866-37-TRUTH.  George
Joe – For once, please act like a scientist. Count the number of minutes you were speaking in the 1 1/2 hours of our airtime together. Next, count the number of minutes that Dr. Corey Goodman spoke during our one hour show together. You will find that your total air time speaking is greater than Dr. Goodman’s total air time speaking. In addition, please act like an adult: What “bad names” have I called you? Name one. If I were to call you “unprofessional” as you just called me, would that be a “bad name”? As stated previously, the 2 scientists that have been on my shows are you and Dr. Corey Goodman. Were your students “in stitches” when they listened to Dr. Corey Goodman? Will you tell all your students to listen to tonight’s show? Don’t you want all your students to have a good laugh?  If you want separate air time for questions, come on the show tonight. You can have the first 40 minutes, & Corey will come on in the last 20 minutes.   George
——– Original Message ——–
Subject: Re: Fwd: East Bay Express: The Oyster Company That Wouldn’t
Leave
From: Joe Mueller <joen8ture@gmail.com>
Date: Sat, December 07, 2013 5:43 pm
To: george@sedonadreams.org

George,

Finals are next week and I have had classes all week and all day today. I do not have time nor the energy to “debate” on the air when you are so obviously bias (see Bill O’liely for methods you use) . You rarely give me time to finish the answers to questions you give me and you gave both Goodman and Lunny 3 or more minutes for their closing statements, you gave me less than 30 seconds and cut me off. I let my students listen and all they did was laugh at your methods, you don’t even try to appear to be impartial (just like fox news). Even they know Lunny and Goodman don’t know what they’re talking about.
Why would anybody be so stupid as to “debate” with such a bias host? You’ve called me many bad names (unprofessional just like O’liely)  on the air but not stupid. I guess you must believe that by the looks of your actions. If you would like to hold separate question/ answer forums I would be happy to answer any questions you have about what little Goodman and Lunny actually know or understand. Lunny’s answers had my students in stitches -great comedy for those not so ignorant (oysters as carbon sinks had them laughing in the isles). Great stuff for a critical thinking course.    Joe Mueller

On Sat, Dec 7, 2013 at 11:24 AM, <george@sedonadreams.org> wrote:

Hello, Joe. Please formulate your response to Corey’s statements & scientific data. In the previous email, I invited you to try to present any scientific data or evidence you have which contradicts anything Corey has said on my shows – & have not heard back from you. Remember, the Sedona Dreams show is tonight. Corey will be on the show, & you are invited once again to state your case & back it up with any scientific data you have. Please step up to the plate this time. If the Drake’s Bay oysters are harming – rather than helping – the environment, now is your chance to prove it.  George

09-12-13 West Marin Citizen: DBOC case may rise to Supreme Court

As reprinted in today’s West Marin Citizen:

DBOC case may rise to Supreme Court
Transcribed and edited by Peggy Day

Last Monday afternoon the Farm and Foodshed Report, the KWMR radio program, provided some straight answers to very complicated questions about the Drakes Bay Oyster Company’s federal legal case. During the show, host Robin Carpenter interviewed DBOC attorney Peter S. Prows of Briscoe, Ivester and Bazel about the decision to request another hearing at the Ninth Circuit Court. Mr. Prows, who is experienced with the California Environmental Quality Act and Endangered Species Act, among other qualifications, explained why he believes that the oyster company may prevail in federal court.

Robin Carpenter:We invited representatives of the National Park Service and Department of the Interior to speak but unfortunately, the United States Government and Department of Justice do not speak about ongoing legal actions. Peter, can you give us an overview of the situation?

Peter Prows: By a two-to-one margin, the Ninth Circuit Court of Appeals issued a decision affirming the District Court’s denial of a preliminary injunction to the oyster company. Judge Margaret McKeown, in agreement with a visiting judge from Ohio, wrote the majority opinion that the court essentially lacked jurisdiction to review the reasons given in an agency’s decision on a permit like this.

Carpenter: This is just one piece of the legal puzzle. The oyster company has asked for an injunction to stay in operation until the complete legal proceedings play out, correct?

Prows: It’s an important piece because, if the farm is forced to shut down while the lawsuit proceeds, that’s going to cause some real damage to the business, even if we’re ultimately successful. Legally it’s also important because to get a preliminary injunction, one of the things you have to show is that you are likely to prevail on the merits of the case. The majority didn’t think we were able to show that but Judge Paul Watford wrote the dissent and he was very strong. He thought we were likely to prevail on the merits of the case and former Secretary Salazar’s decision was “arbitrary and capricious.”
Carpenter: It’s not often that you see a dissent that’s so extremely strong.

Prows: It’s one of the strongest dissenting opinions I’ve ever read. What’s really remarkable is, going back to 2004, after the Lunnys spent a couple hundred thousand dollars to invest and fix up the oyster farm, they got a letter and a memo from the Park Service saying that the wilderness laws, in particular the 1976 Point Reyes Wilderness Act, mandated that the Park Service not issue a new permit to the oyster farm when the existing permit expired in November of 2012. This is a legal position that the Park Service has now taken over the last 8 to 10 years. It always struck the Lunnys as strange. They thought the Point Reyes National Seashore was set up to promote and preserve agriculture and aquaculture in West Marin, not to destroy it.

What’s remarkable about the dissent is that Judge Watford actually agrees with the Oyster company about the interpretation of the wilderness legislation for Point Reyes. He wrote: “All indications are that Congress viewed the oyster farm as a beneficial preexisting use whose continuation was fully compatible with wilderness status.” And, the most remarkable thing about this whole opinion is that the majority, the two judges who voted against the oyster farm, never actually disagreed with the dissent on the interpretation of the wilderness legislation. So, there’s really no question anymore that the Park Service has had the law wrong all along.

Carpenter: I was surprised that the majority was very vague. Watford’s interpretation agreed with what Bill Bagley and others who were there said.

Prows: That’s exactly right. Quite frankly, for 30 years before the Park Service’s memo to the Lunnys, that’s what everybody thought that legislation meant. The Department of Interior told Congress in the 1970’s that the oyster farm was a beneficial use there and should continue notwithstanding whatever wilderness legislation was passed. The Environmental Action Committee of West Marin told Congress essentially the same thing. The Wilderness Society and the Sierra Club had the same view. Everybody had the same view of what the law should accomplish and what the law meant. It wasn’t until 30 years later that the Park Service and some of these groups changed positions. Judge Watford called that a “bizarre” change of position.

We are planning to file for a rehearing. So, this case is not over.

Carpenter: What is happening, is that you guys are going a step above to the Ninth Circuit to say, we think the District Court wasn’t correct.

Prows: That’s right. There’s no longer any dispute that the Park Service has been misinterpreting the law for the last 10 years. As Watford says, “you can’t really argue otherwise with a straight face when you actually look at legislative history.” What the Park Service has put the Lunnys through for the last ten years is really a struggle against the Park Service’s misinterpretation of the law. So the question we are going to be presenting to the full en banc court is whether courts should stand aside even when they know agencies have the law wrong, even when an agency makes a decision based upon a fundamental misinterpretation of the law. Whether the courts have jurisdiction to step in or not. I think that’s a pretty important question.

Carpenter: People say, it’s very difficult to appeal with a governmental or administrative decision and Salazar’s decision is an administrative decision.

Prows: There’s what’s called the Administrative Procedures Act which requires agencies to make decisions in generally a rational way and prohibits agencies from making decisions that are quote “arbitrary, capricious, and an abuse of discretion or are otherwise not in accordance with the law.” That usually should, at least in my view, prohibit an agency from denying you a permit for a reason that’s kind of absurd or just plain wrong in the law. When an agency tells you that it can’t give you a permit because the law and congress’s intent behind that law was that you shouldn’t get your permit, there’s a fundamental misunderstanding of the law and of your decision-making authority. If you read what Secretary Salazar wrote, he makes it very clear that he was trying to effectuate what he thought congressional intent was, what he thought the law meant. He thought the oyster farm had to go and that was wrong.

Carpenter: Is there another step beyond the en banc review?

Prows: If we don’t get the injunction from the en banc panel, we could petition for a Writ of Certiorari from the U.S. Supreme Court asking it to decide to take the case for review. We have issues that could very well interest the Supreme Court.

09-09-13 KWMR’s Carpenter with guests Prows (DBOC atty) & Lunny

09-09-13 Robin Carpenter, host of KWMR Radio “Farm and Foodshed” show, spoke with both Peter Prows, an attorney for Drakes Bay Oyster Company, and Kevin Lunny.

To go directly to their segment of the show, click on the link below then, advance the play to minute 17:38

http://kwmr.org/blog/downloadMP3/6276

A transcript may become available soon. If so, it will be posted as well.

06-01-13 KGO’s Pat Thurston, and KSFO’s Barbara Simpson see eye to eye in interview with Kevin Lunny & Dr. Goodman

It is rare to have two strong personalities who are usually in strong opposition on major issues, not only see eye to eye but also, to welcome the opportunity to sit down together to share their thoughts and an on-air interview in progress.

KGO Radio host, Pat Thurston was interviewing Kevin Lunny, owner of Drakes Bay Oyster Company and Dr. Corey Goodman, the National Academy of Sciences Elected Fellow who uncovered the scientific misconduct by the National Park Service.

During the program, while on a commercial break, KSFO’s Barbara Simpson dropped into the studio to personally thank Thurston for doing the program, she being a staunch supporter of DBOC. Thurston invited Simpson to sit in and join in which she did.

To hear the entire program, click on the link below:

08-01-2013 3rd & B St Pt Reyes, Save Our DBOF sign & Office of EAC

EAC office's sign in lower right, Sign supporting Drakes Bay Oyster Co. put up by Building's Owner in upper left

Take a drive to 3rd and B Street in Point Reyes.

You will find a “Save Drakes Bay Oyster Farm” sign posted just above the ground floor window of West Marin Fitness, facing 3rd St.

(Not that this is an unusual sight in Marin or Sonoma counties these days.

One cannot forget that all polls show 85-95% of West Marinites as well as ALL Marinites favor Saving Drakes Bay Oyster Farm,

hardly the “divisive” issue the opponents would have you believe)

Look closely at the sign on the lower right side of the building

(just above the roof of the car in the photo )

to see the sign for the office of EAC.

07-09-2013 FoodieProjectVideos: Drakes Bay Oyster Company

Published on Jul 9, 2013

Drakes Bay Oyster Company

 FoodieProjectVideos·18 videos
 

To view the video, please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=tOdvf0NqXes

 

 

Standard YouTube License

05-21-2013 Barbara Simpson Interviews Dr. Corey Goodman Re DBOC

Barbara Simpson Interviews Dr. Corey Goodman Regarding DBOC

Dr Cory Goodman discusses the falsification of the “science” that is being used to justify shutting down Drakes Bay. Based on this information, a SCIENTIFIC MISCONDUCT COMPLAINT has been filed with the Interior Secretary. Drakes Bay was in court and expects a decision in June 2013 regarding it’s fate.

 

To listen to the interview please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=EsSSmrq07Hw

 

 

For more information regarding the complaint go here (https://russianrivertimes.wordpress.c… ). For information on falsifying the data, go here (https://oysterzone.wordpress.com/2013/… )

 

 

Standard YouTube License

05-14-13 DBOC to confront federal bureaucrats at Ninth Circuit

Published on May 14, 2013

Drakes Bay Oyster Company to confront federal bureaucrats at Ninth Circuit

 Pacific Legal Foundation·94 videos
alt=Transcript class=”yt-uix-button-icon yt-uix-button-icon-action-panel-transcript” title=”” v:shapes=”_x0000_i1027″>   alt=”Stats have been disabled for this video” class=”yt-uix-button-icon yt-uix-button-icon-action-panel-stats” title=”” v:shapes=”_x0000_i1028″>   alt=Report title=”” v:shapes=”_x0000_i1029″>

PLF is supporting Drakes Bay Oyster Company in its legal effort to prevent the National Park Service from destroying its historic business and extinguishing its property at the Point Reyes National Seashore.

To view the video please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=X9BUKQjj0Ew

Standard YouTube License

05-14-2013 Watch the US District 9 Court of Appeals proceedings

US District 9 Court of Appeals heard the case for the injunction on 05/14/2013.

Follow this link to see and hear the court proceedings:

 

http://www.youtube.com/watch?v=3uqQfFBP0Gc&feature=player_embedded

04-08-13 KGO Radio Pat Thurston interview of Kevin Lunny

KGO RADIO 810 NEWS

PAT THURSTON SHOW

April 8, 2013

San Francisco


“But Ken Salazar rejected the extension, told Drake’s Bay to cease operations by the end of February to get off the land and remove the equipment by March 15. Luckily, they got a reprieve from the Ninth Circuit Court of Appeals but the battle to save Drake’s continues. You know, they’re an institution, and they are one that operates in an environmentally responsible way. This is a company that deserves our admiration. They deserve to be put on a pedestal for others to emulate, for others to copy, to see how you are proper stewards of the land. And instead, they’re being threatened.”   Pat Thurston, KGO Radio News

*     *     *     *     *     *

“The wilderness activists. Because when I first saw this issue, I wondered if this was a fight between environmentalists and Marin agriculture. So I started looking into it to see if you were not good stewards of the land – if you were polluting the land. And the absolute opposite is true. You’ve cleaned up the operation from the previous owner. It’s every – every, every, every – entity that I’ve spoken with out in your area loves you. And thinks that you are the best that everybody should be doing the kind of business that you’re doing, both in the ranching your family’s been involved in for three generations and also with the oysters.”  Pat Thurston, KGO Radio News

*     *     *     *     *     *

“Our nation, and actually around the world, and our federal government is doing everything it can, spending millions of dollars everywhere else around the country – in the Chesapeake, in the Gulf, San Francisco Bay, Puget Sound – encouraging shellfish aquaculture, encouraging people like us to grow more shellfish because of the ecosystem services, the ecological value that oysters bring. Because what they do is they filter water. They improve the clarity of the water so sunlight makes it through and sub aquatic vegetation does better. They cycle nutrients that would otherwise be pollutants, like nitrogen and phosphorus. And they turn it into this fabulous protein that we remove from the ocean system to eat, and what goes through the oysters as feces actually now is converted into a form usable by sub aquatic vegetation. So that’s why we see vegetation like eelgrass thrive when shellfish aquaculture is there. So it has all the reasons in the world that we want to protect it. And that’s why what you said earlier is true – true environmentalists love the oyster farm. They recognize that this is the perfect example of cooperative conservation, allowing food production in a beautiful, protected area because they actually benefit each other. And so it’s really the ideologues, the people that just cannot tolerate any kind of use of public land like this, those are the folks that would like to see Drake’s Bay gone.”  Kevin Lunny, Drakes Bay Oyster Company on Pat Thurston Show

 

To hear the entire interview, click on this link. : (WE REGRET ARCHIVE COPY IS NOT AVAILABLE AT THIS TIME. A REQUEST WAS PUT THROUGH TO PAT THURSTON THIS EVENING 7-20-13 AND SHE WILL HAVE HER PRODUCER GET BACK TO ME)

03-28-13 6PM PST: Fox Business News: Green Tyranny

Louisiana : Feds grab land as “critical habitat” for the dusky gopher frog —

Even though NO gopher frogs on the property

There are NO gopher frogs in the state!

Sound familiar?

Remember the National Park Service Environmental Impact Statement of

“Major Negative Impact” on a species of FRESH WATER FROGS due to the Oyster Farm?

 

The National Park Service scientists somehow overlooked the fact that

Drakes Bay’s water comes from the ocean –IT IS SALT WATER!

That species of frog would be committing suicide by venturing into Drakes Bay!

Green Tyranny” is the title of tonight’s Stossel Show.

Host John Stossel will spotlight oppressive environmental regulations that victimize average people — undermining their property rights and economic well-being — without meaningful benefit for the environment.

The Stossel Show — airs tonight on the Fox Business network — at 9:00 p.m. EDT
(6:00 p.m. PDT).
Read John’s blog post announcing the show.

One of tonight’s guests will be James S. Burling, Director of Litigation with Pacific Legal Foundation, a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.

Tonight’s show will highlight two cases of abuse that PLF is challenging:

Feds pit prairie dogs against people. In Cedar City, Utah, residents are overwhelmed with an infestation of prairie dogs digging up yards and parks, blocking development of land, and threatening the health of the community — yet federal officials won’t permit commonsense control measures, because they’ve labeled the rodents as “threatened.”

Feds grab private land for a phantom frog. In St. Tammany Parish, Louisiana, federal officials have imposed restrictions on more than 1,500 acres of private property by labeling the land as “critical habitat” for the dusky gopher frog — even though there aren’t any frogs on the property….  THERE AREN’T ANY IN THE ENTIRE STATE!

To watch the show, click on or copy and paste the link below into your web browser:

http://video.foxbusiness.com/v/2305943736001/stossel—04042013/?playlist_id=1794596212001

About Pacific Legal Foundation
Donor-supported Pacific Legal Foundation is the leading legal watchdog organization that litigates for limited government, property rights, and a balanced approach to environmental regulations, in courts across the country. Among its noteworthy species- regulation cases, PLF won the federal court ruling that removed the bald eagle from the federal ESA list.

Oral argument recently took place in PLF’s latest U.S. Supreme Court litigation — the property rights case of Koontz v. St. Johns River Water Management District. A decision is expected by June.

Last year, PLF attorneys won their sixth direct-representation victory at the High Court against over-reaching government: Sackett v. EPA, in which the justices unanimously held that landowners may bring court challenges to federal “wetlands compliance orders.”

Contact: James S. Burling, Director of Litigation, Pacific Legal Foundation (916) 419-7111.

03-21-13 CBN: A Raw Deal? Fed Gov’t Targets Oyster Farm

Published on Mar 21, 2013

A Raw Deal? Federal Gov’t Targets Oyster Farm – CBN.com

 The Christian Broadcasting Network·8,300 videos

 

 

The government stands accused of using bogus conservationist research to close a popular California business. Now it’s a life or death struggle for the Drakes Bay Oyster Farm… The Christian Broadcasting Network CBN http://www.cbn.com

 

To view the video, please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=AxGPPQCrvnE

 

 

Standard YouTube License

03-18-13 KWMR Farm & Food Shed Report: Fresh Support For Drakes Bay Oyster Co.

Farm and Foodshed Report

With your host: Robin Carpenter

The crucial stories impacting our local farms and foodshed

“Fresh Support for Drakes Bay Oyster Company” – episode aired March 18, 2013

** Listen online: http://kwmr.org/blog/show/4799  **

Nancy McDonough, General Counsel for the California Farm Bureau Federation

“We very much endorse and advance a collaborative approach… It’s so important that we’re able to achieve environmental protection at the same time as we have agricultural production. We’re always looking for places to achieve that…. I think if anything hits the target of the sweet spot, the Drakes Bay Oyster Company does.”

Patricia Unterman, owner of the Hayes Street Grill and a pioneer of the sustainable seafood movement in restaurants:

“We’ve really seen a revolution in the way people are eating from the sea now. And that’s what makes the Drakes Bay oysters so valuable to us. My goodness, here’s a product that’s beautifully raised and really delicious. We pan-fry them, and they’re just so crisp and delicious and sweet. Here’s a product that is being harvested an hour away from the restaurant and the notion that we couldn’t get them anymore is devastating and terrible. It runs against the whole food movement that developed over these past 30 years.”

Jeff Creque an Agroecologist who is on the board of the Alliance for Local and Sustainable Agriculture of Marin County:

“That’s really the core of this whole issue: how do we care for our environment and also provide ourselves with the things that we need? And that’s the challenge for me in my work is always looking for that sweet spot between environmental protection and  agricultural production. And the beauty of this concept [collaborative management] is that it really helps us look for those answers. It’s where we are I think globally now. We have a literal massive global crisis on our hands, and yet there’s 7 billion of us on the planet and we need to be fed and clothed. How do we do that? How do we weigh those, not just weigh those in a trade-off context, but is there a way we can actually combine those two realities in a way that can actually benefit both the environment and our needs as human beings in the planet?”

Click here to listen to the radio show online: http://kwmr.org/blog/show/4799

KWMR, a West Marin community radio station, airs a weekly show called The Farm and Foodshed Report. On Monday, March 18th, host Robin Carpenter brought together three of the “friends” who were part of an Amicus or Friends of the Court brief submitted in support of the Drake’s Bay Oyster Farm on March 13th.  The “Three Amigos” on the show are Patricia Unterman, owner of the Hayes Street Grill and a pioneer of the sustainable seafood movement in restaurants, Nancy McDonough, General Counsel, California Farm Bureau Federation and Jeff Creque an Agroecologist who is on the board of the Alliance for Local and Sustainable Agriculture of Marin County (ALSA). This diverse group talked in an exciting and fresh new way about the crucial role Drake’s Bay Oyster Company plays both locally and beyond. It is clear that they came together because as stated in the brief, “There is no single voice that can speak for the “public interest” in keeping the Drakes Bay Oyster Farm open…”  This show is well worth your time to hear some new perspectives.

Here’s a profile of Robin Carpenter

KWMR On-air Talent

 

Robin Carpenter

Host of: Farm and Foodshed Report

 

The Farm & Foodshed Report

The Farm & Foodshed Report is hosted by local writer and foodshed activist – “Hunt and Gather Girl” Robin Carpenter.  Who said that Hunter Gatherers and Farmers can’t get along?  Interviews with farmers, ranchers, fishermen, oystermen, chefs, artisan food makers, permaculturists, scientists, environmentalists, rabblerousers and advocates for a healthy, just and thriving food shed.

A foodshed is everything between where a food is produced and where a food is consumed – the land it grows on, the routes it travels, the markets it goes through, the tables it ends up gracing.  The term was first used in the early 20th century to describe the global flow of food, the term has recently been resurrected to discuss local food systems and ways to create more sustainable and regenerative ways of producing and consuming food.

Robin Carpenter grew up in Ragg Swamp, Alabama where she learned the finer points of storytelling and food in a land rich with tall tales and well-marbled alligators.  She’s now a writer and foodshed activist keeping an eye on the food chain from her home in West Marin.  She’s a staff writer for Edible Marin and Wine Country and a  correspondent for the Point Reyes Light.  You can keep up with her adventures at www.huntandgathergirl.com.

 

03-18-13 Big Park, a musical comedic take on the NPS, a YouTube Video you MUST SEE

Posted on YouTube in 2009, Big Park is the musical comedy version of the DBOC story as well as the re-territorialization by the NPS of many rural communities across our country .

The video starts off a little slowly however, it will have you howling in just a little while.

If it were not for the fact that it is exactly what is happening not only at Point Reyes National Seashore, but also all over the country, it would be hilarious. Those who are losing their homes, their way of life and the locally produced, sustainable, renewable food source, have a very hard time watching this.

For those of you who would like to know what is really going on and are looking for something in addition to Reports, Investigations, Scientists and Bi-Partisan points of view, have a look.

http://www.youtube.com/watch?v=4xvAB6DAhtM

02-28-13 Drakes Bay Oyster Farm Workers (in their own words with subtitles)

Published on Feb 28, 2013

 

Drake’s Bay Oyster Farm Workers (in their own words with subtitles)

 

 FrankDisco86·27 videos
        

While the local issue of the closing of the Drake’s Bay Oyster Farm has received a lot of coverage in the local media, a part of the story that has been over-looked is how the closing will affect the farm workers. This segment shot for the volunteer-driven and produced local news program Seriously Now tells the story of the workers in their own words.

 

To view the video please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=aEL_Nb-e6AU

 

 

 

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02-22-13 DBOC Falls Victim to Fed Land Grab

Published on Feb 22, 2013

Drake’s Bay Oyster Co. Falls Victim to Federal Land Grab

 AFPCalifornia·175 videos
The Drakes Bay Oyster Company is a family farm located 30 miles northwest of San Francisco in Point Reyes. It’s the last operating Oyster Cannery in California and currently produces about 40% of oysters sold in the state. But this family owned business is about to become another victim of government environmentalism run amok.

Land grabs by the Department of Interior should concern every American, not just those of us who love oysters. Science should not be manipulated by government agencies to fit agendas of environmentalism, and large portions of public property should not be closed off from the public and limited to an elite few who have the resources and time to access them.

Congress needs to rein-in the Department of Interior and demand that the decisions made by the agency rely on sound science and with consideration of the economic impact to mankind.

http://articles.latimes.com/2012/nov/…

http://articles.latimes.com/2012/nov/…

http://www.nbcbayarea.com/news/local/…

 

 

To view the video, please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=CdUDXZRUTaw

 

 

 

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01/05/2013 Wall Street Journal deputy Editor Blasts Ken Salazar’s decision to close Drakes Bay Oyster Company

01-05-2013 Hosted by Paul Gigot, the Pulitzer-Prize winning editorial page editor of The Wall Street Journal, the weekly half-hour program “Journal Editorial Report” features newsmakers and members of the Journal editorial page staff debating the major economic, political and cultural issues of the day.

This week’s show, “Hits & Misses: 1/5/13“, features Daniel Henninger, deputy editor of The Wall Street Journal’s editorial page. He is the third to speak on the program. His topic is Ken Salazar shutting down Drakes Bay Oyster Company.

His piece begins one minute and three seconds (01:03) into the less than two-minute segment. (You can advance directly to his segment by using your mouse pointer and the progress bar, or just wait until the preceding two pieces finish.)

Click on, or copy and paste, either link below to be taken directly to the “Hits & Misses: 1/5/13” segment of the Journal Editorial Report

http://www.foxnews.com/on-air/journal-editorial-report/index.html

Jan 5, 2013 1:42

Hits & Misses: 1/5/13

01-03-2013 Art Rogers Photo of DBOC Family and Friends

Art Rogers Photo of DBOC family and friends 01-03-13

12-17-12 The Battle to Defend Drakes Bay Oyster Farm – Dr. Corey Goodman Speaks Out

 

Published on Dec 17, 2012

The Battle to Defend Drakes Bay Oyster Farm – Dr. Corey Goodman Speaks Out

 SilentNoMorePubs·49 videos

BE SURE TO VISIT http://www.DefendRuralAmerica.com.
Dr. Corey Goodman, a respected member of the National Academy of Sciences and former professor, blows the whistle on the ongoing fraud and scientific misconduct that the federal government has been engaged in since at least 2007, in order to falsely shut down the Drakes Bay Oyster Farm in Marin County, California, just north of San Francisco. The business has been in operation since 1934.

The November 29 decision of Interior Department Secretary Ken Salazar violates the law and California’s jurisdiction; destroys jobs, 40% of California’s oyster production, and millions of oysters; terminates a beloved business; ignores the community; and turns families into jobless and homeless.

Also watch the interviews of co-owners Kevin Lunny and his sister Ginny Lunny. They also start with the title “The Battle To Save Drakes Bay Oyster Farm”.

Unfortunately, their story is only one of thousands of personal stories that paint the picture of a once helpful government that has turned hostile, which uses various devices to destroy the production of quality food, water, energy, building material, mineral, and other resources that are critical to our nation’s future prosperity, independence, sovereignty, and security.

Visit the Defend Rural America website for more details about this and other issues that span the nation.

For the interview please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=b7NiX5QrO24

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12-13-12: Video: The Battle To Save Drakes Bay Oyster Farm – Kevin Lunny speaks out – YouTube

Please click on the link below (or copy and paste it into your web browser) to watch the “Before It’s News” video on DBOC’s “Battle To Save Drakes Bay Oyster Farm”

 

The Battle To Save Drakes Bay Oyster Farm – Kevin Lunny speaks out – YouTube.

12-13-12 Fox News interviews Kevin Lunny of Drake’s Bay Oyster Company

12-13-12 Fox News interviews Kevin Lunny

For the VIDEO, please Click on the link below, or copy and paste it into your web browser

http://causeofaction.org/2012/12/14/kevin-lunny-on-fox-friends/

12-01-12 Feds (Try to) Kill Drakes Bay Oyster Co., Marin County CA

Published on Dec 1, 2012

Feds Kill Drakes Bay Oyster Company Marin County, CA

 SFBayCAPR·124 videos
Drakes Bay Oyster Company (DBOC) is suing the Federal Governemt to save it’s small business..

Main points are:
1. Land was deeded to the Feds under the condition that existing businesses/farms be allowed on continue in perpetuity on 40 year renewable leases.
2. Feds falsified “scientific” data to show environmental damage and justify non-renewal of lease.
3. Making a deal with gov for conservation leases or other instruments to “protect” property is making a deal with the devil. The ultimate objective is to get people off the land.

In a campaign to drive a small family oyster farm out of business, the National Park Service and environmental groups have leveled many charges of serious environmental harm against the Drakes Bay Oyster Company in Marin County. A video produced by an independent production crew sheds light on the bogus data a nationally-known scientist discovered upon investigation and the effect this campaign has had on this family farm.

The federal government has spent millions on the effort to oust the oyster farm from the spot on Drakes Estero it has occupied for decades. The Secretary of the Interior is scheduled to decide the oyster farm’s fate in the next few weeks. The video shows incredible evidence of a smear campaign, a small business in peril and a family reeling from accusations the National Academy of Sciences concluded have no basis in fact.

Note: This video posted with permission. Video was produced prior to decision on Nov 28 of Ken Salazar to not renew the lease on the farm

 

To view the video, please click on the link below or copy and paste it into your web browser:

http://www.youtube.com/watch?v=2GSvw1xQPps

 

 

 

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11-15-2012 Drakes Bay Oyster Company – VIDEOS AND PETITION

For the two videos and the petition, click the link below or copy and paste it into your web browser.

http://vimeo.com/52331881

Drakes Bay Oyster Company – Sustainable, environmentally friendly farming. Inverness, Marin County.

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