9th U.S. Circuit Court of Appeals rules against the Drakes Bay Oyster Co.
Source: Marin Independent Journal
The 9th U.S. Circuit Court of Appeals has ruled against the Drakes Bay Oyster Co. in an opinion released Tuesday morning.
A three-judge panel heard arguments in May as the oyster company sought an injunction to halt its closure. In its ruling, the 9th circuit court ruled 2-1 against the oyster operation.
The 9th circuit ruled that while it had jurisdiction to review whether Interior Secretary Ken Salazar violated legal mandates, it lacked jurisdiction to review his discretionary decision whether to issue a new permit, which he did not.
But the fight is not necessarily over. Drakes Bay owner Kevin Lunny said he was absorbing the ruling and pondering next steps.
Read more: http://www.marinij.com/ci_24004549/9th-u-s-circuit-court-appeals-rules-against
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