Drakes Bay Oyster Co. goes to court to fight closure

  • Drakes Bay Oyster Company worker Alonzo Olei, left, loads oysters onto a barge while Lorenzo Hernandez pulls them from a rack in Drakes Estero, on Thursday morning, September 6, 2012.

Lawyers for the Drakes Bay Oyster Co. and Interior Secretary Ken Salazar will square off today before a federal judge in Oakland in the first round of a legal battle over the commercial oyster operation in the Point Reyes National Seashore.

At stake is Salazar's decision in November not to renew a 40-year lease that gave oyster farm operator Kevin Lunny the right to commercial operations in 2,500-acre Drakes Estero, a five-fingered estuary that features extensive eelgrass beds and a harbor seal colony.

The decision, hailed by wilderness advocates, gave Lunny's company 90 days to shut a business that plants and harvests 8 million oysters -- worth about $1.5 million a year -- from the near-pristine estero. The deadline was subsequently extended to March 15.

Drakes Bay Oyster Company


Four days after Salazar's Nov. 29 decision, a Washington-based nonprofit filed a federal lawsuit alleging it violated federal rules and was based on faulty science.

"The government has doubled down on bad science, refusing to listen to anyone who tells them anything to the contrary," said Amber Abbasi, an attorney for the group Cause of Action, who will argue Lunny's case on Friday before U.S. District Judge Yvonne Gonzalez Rogers.

Abbasi said she will ask for a temporary order postponing the oyster farm closure until the legal case is resolved.

The closure, Lunny's lawsuit said, would cause "immediate irreparable pecuniary and nonmonetary harm" to Lunny, his company and its 31 fulltime employees.

Cause of Action is a government watchdog group that provides legal services at no cost to clients.

Abbasi said the case zeroes in on legislation authored by Sen. Dianne Feinstein, D-Calif., in 2009 giving Salazar sole discretion to renew the oyster company's permit for 10 years.

The permit granted by the National Park Service "provided for renewal" and Feinstein's measure "fast-tracked" the process, Abbasi said in a phone interview.

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