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

Just Posted

People take part in early voting for the November 5 election at City Hall on Wednesday, Oct. 30, 2019. (Kevin N. Hume/S.F. Examiner)
Electionpalooza: SF School board recall will kick off a flurry of local races

‘It’s going to be a lot of elections and a lot of decisions for voters to make’

The fate of San Francisco nicotine giant Juul remains to be seen, as the U.S. Food and Drug Administration is reviewing whether to allow certain flavored vape products on the market. <ins>(Jeenah Moon/New York Times)</ins>
How the vape king of teen nicotine addiction rose and fell in San Francisco

‘Hey, Juul, don’t let the door hit you on the way out’

Cabernet sauvignon grapes sat in a container after being crushed at Smith-Madrone Winery in St. Helena. (Courtesy Smith-Madrone Winery)
San Francisco’s ‘Champagne problems’ — Wine industry suffers supply chain woes

‘Everywhere you turn, things that were easy are no longer easy’

Glasses behind the bar at LUNA in the Mission District on Friday, Oct. 15, 2021. Glassware is just one of the many things restaurants have had trouble keeping in stock as supply chain problems ripple outward. (Kevin N. Hume/The Examiner)
SF restaurants face product shortages and skyrocketing costs

‘The supply chain crisis has impacted us in almost every way imaginable’

A student carries a protection shield to her next class as part of her school’s COVID-19 safety measures. (Courtesy Allison Shelley/Eduimages)
Projected K-12 drops in enrollment pose immediate upheaval and decade-long challenge

State forecasts 11.4% fewer students by 2031 — LA and Bay Area to be hit hardest

Most Read