Drakes Bay Oyster Co. plans to take case to Supreme Court 

The owner of a popular oyster farm north of San Francisco says he’ll ask the U.S. Supreme Court to hear his case challenging a federal decision not to renew the facility’s lease.

Kevin Lunny, owner of Drakes Bay Oyster Co. in the Point Reyes National Seashore, made the announcement Tuesday after the 9th U.S. Circuit Court of Appeals said it wouldn’t reconsider his case.

“We are grateful for our thousands of supporters, partners, customers and patrons that have supported our small, family-owned farm for four generations. We remain committed to succeeding in our fight to remain open and serve our community,” he said.

The oyster company has remained open since former Interior Secretary Ken Salazar announced in 2012 that he would refuse to renew its lease.

Salazar cited a 1976 congressional decision to return the waters of Drakes Estero to wilderness status.

Drakes Bay Oyster Co. has since lost all of its appeals to overturn that decision.

The appeals court has allowed the farm to continue operating during its appeal, but after Tuesday’s order takes effect, the farm would need a new stay from either the 9th Circuit or the Supreme Court to remain open while the high court decides whether to take up the case.

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