How to resolve AdBlock issue? Drakes Bay Oyster Co. files petition for U.S. Supreme Court review of case
NORTHERN CALIFORNIA – Drakes Bay Oyster Co. has petitioned the U.S. Supreme Court for a writ of certiorari to review the judgment of the United States Court of Appeals for the Ninth Circuit in its case.
At issue is former Secretary of Interior Ken Salazar’s denial of Drakes Bay’s permit to continue operating the 80-year-old oyster farm, even though the original deal for the creation of Point Reyes National Seashore – supported by the Park Service, the Sierra Club, the Environmental Action Committee of West Marin, and every other interested environmental and civic group – was that the oyster farm was always supposed to stay.
The Ninth Circuit held that a federal court does not have jurisdiction to review a discretionary agency decision for abuse of discretion.
The company said that what is at stake is whether the government, in making countless everyday decisions, can be taken to court when it abuses its power.
“If this judgment is not overturned, government agencies will have the power to deny a permit to any individual or business for any reason, without judicial review,” said Kevin Lunny, owner of Drakes Bay Oyster Company. “Citizens must have recourse in the face of an arbitrary and capricious decision.”
The small, family-owned farm has been in a heated legal battle for several years with federal regulators for its survival.
Because Drakes Bay showed that there is a “reasonable probability” that the Supreme Court will take this case and a “significant possibility” that the oyster farm will win, the Ninth Circuit has allowed Drakes Bay to remain open while it takes its case to the Supreme Court.
One reason the Supreme Court might want to hear the case is to resolve 15 circuit splits on three issues – that is, issues on which two or more circuits in the U.S. court of appeals system have given different interpretations of federal law.
The splits in this case are on important issues: jurisdiction to review agency actions for abuse of discretion, applicability of the National Environmental Policy Act (NEPA), and prejudicial error under the Administrative Procedure Act (APA). Read the Petition for Writ of Certiorari here.
The historic oyster farm in Drakes Estero, located in Point Reyes, Marin County, has been part of the community for nearly 100 years.
The Lunnys, a fourth-generation Point Reyes ranching family, purchased the oyster farm in 2004.
The farm produces approximately one-third of all oysters grown in California, and employs 30 members of the community.
The Lunnys also contribute the oyster shells that make possible the restoration of native oysters in San Francisco Bay and the oyster shells used to create habitat for the endangered Snowy Plover and Least Tern. As the last oyster cannery in California, Drakes Bay is the only local (and thus the only safe and affordable) source of these shells.
For more information, please visit www.drakesbayoyster.com and www.savedrakesbay.com .
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- Written by: Lake County News reports
VIDEO: MATH holds Thursday forum for sheriff candidates
MIDDLETOWN, Calif. – The Middletown Area Town Hall held a forum for the three candidates in this year's race for Lake County sheriff.
About 60 people attended the forum, held at the Middletown Senior Center, where candidates Bob Chalk, Brian Martin and incumbent Frank Rivero introduced themselves and took questions from community members.
The question and answer session can be viewed in the video above.
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- Written by: Lake County News reports
VIDEO: Sheriff candidates meet in debate
KELSEYVILLE, Calif. – The three candidates in the race for Lake County sheriff met for a spirited debate on Tuesday evening.
The Lake County Peace Officers Association hosted Bob Chalk, Brian Martin and incumbent Frank Rivero for the debate, which was held at Kelseyville High School.
Over two hours, the three candidates answered questions submitted from the community.
Mark Brannigan, Public Works director for the city of Lakeport, was the event moderator.
More than 200 people were estimated to be in attendance.
The full, unedited debate can be seen in the video above.
A story summarizing the debate will be published this week on Lake County News.
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Sheriff's office seeks public's assistance in identifying possible stolen property
LAKE COUNTY, Calif. – Lake County Sheriff’s detectives are requesting the public's assistance in identifying some pieces of property that they believe may have been stolen and helping return them to their rightful owners.
The agency has released a number of pictures showing the items, which were located during the course of a burglary investigation, according to Lt. Steve Brooks.
The items include various plates, water glasses, salt and pepper shakers, and bowls. Some of the items appear to be collectible and possibly antiques.
There also are some pieces of men’s jewelry, which includes cuff links and tie bars.
If anyone has information as to who owns the property, please contact the Lake County Sheriff’s Office at 707-263-2690.
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Police recover stolen pickup, arrest driver
CLEARLAKE, Calif. – On Friday Clearlake Police officers apprehended a local man for vehicle theft and recovered the pickup he is alleged to have stolen.
Jason Winans, 20, of Clearlake was arrested late Friday morning, according to Sgt. Nick Bennett.
Bennett said that on March 23 the Clearlake Police Department took a report regarding a stolen 1987 Ford pickup.
Just before 11 a.m. Friday, the pickup's owner called the Clearlake Police Department to report that she had spotted her truck at the Valero gas station in the 15000 block of Lakeshore Drive, Bennett said.
Bennett said Clearlake Police officers responded and located the vehicle as it was being driven from the station.
Officers stopped the pickup and took Winans, the driver, into custody without incident for vehicle theft, according to Bennett.
Police discovered that the pickup had been “hot-wired,” Bennett said.
Bennett said a male passenger in the vehicle was briefly detained then released after it was determined he had no part in the incident.
Anyone with any information on this incident is encouraged to contact the Clearlake Police Department at 707-994-8251.
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- Written by: Lake County News reports
