Appellate court rejects Drakes Bay Oyster Co. bid for rehearing

Getty Images file photoDrakes Bay Oyster Co. lost its appeal to control an estuary near Drakes Bay.

Getty Images file photoDrakes Bay Oyster Co. lost its appeal to control an estuary near Drakes Bay.

A federal appeals court has refused to reconsider a decision that shutters a popular oyster farm in the Point Reyes National Seashore north of San Francisco.

The 9th U.S. Circuit Court of Appeals in San Francisco on Tuesday said it wouldn’t appoint a special 11-judge panel to reconsider the ruling of a three-judge panel.

The three-judge panel ruled 2-1 in September that the federal government had legal authority to deny Drakes Bay Oyster Co. a new lease so the waters of the Drakes Estero could be returned to wilderness.

The small oyster farm is challenging a decision by former U.S. Interior Secretary Kenneth Salazar in 2012 to refuse the lease extension.

The oyster farm’s last remaining legal option is to appeal to the U.S. Supreme Court.

In a prepared statement, Kevin Lunny, the owner of Drakes Bay Oyster Co. wrote, “We believe the Court’s decision not to rehear our case is incorrect, and that the dissenting opinion from Judge Watford will prevail.” He added, “Because of that, we are requesting our case be heard by the U.S. Supreme Court.”

Oyster farm spokeswoman Tina Walker said, “We strongly disagree” with the denial of a rehearing.

The private company grows oysters on 1,000 acres of submerged land in Drakes Estero, an estuary of Drakes Bay, and packages them on 1.5 acres of land along the shoreline. It says it produces more than a third of all oysters grown in California.9th U.S. Circuit Court of AppealsBay Area NewsDrakes Bay Oyster Co.Drakes Estero

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Quarterback Nick Mullens is expected to get his third straight start Sunday. Mullens is 46 of 73 for 538 yards with two touchdowns and three interceptions in his other two starts this season. <ins>(Chris Victorio / Special to S.F. Examiner).</ins>
49ers trying to turn season around in Sunday’s prime-time faceoff with the Rams

49ers at Rams When: Sunday, 1:05 p.m. Where: SoFi Stadium, Inglewood TV:… Continue reading

Psilocybin magic mushrooms (Shutterstock)
‘Magic mushrooms’ moving into the mainstream

Efforts to decriminalize psychedelics could follow several different paths

Those who stick around San Francisco on long holiday weekends can enjoy a slower pace, uncrowded streets and beloved institutions like cable cars. <ins>(Kevin Hume/S.F. Examiner)</ins>
These empty San Francisco streets: A holiday dream

We’re here because we can be, and because we have nowhere else to be

The 2020 Census has concluded taking responses sooner than expected. (Courtesy photo)
What does California have to lose if undocumented immigrants are excluded from the census?

By Kim Bojórquez The Sacramento Bee If The U.S. Supreme Court rules… Continue reading

It’s disheartening to see that Bill Graham Civic’s marquee isn’t announcing upcoming concerts. (Screenshot/Bill Graham Civic Twitter)
A cruise through The City with the ghosts of rides past

I take my time and don’t even mind the occasional traffic jams

Most Read