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Appeals court deals blow to Drakes Bay Oyster Co.

Melanie Wong Sep 4, 2013 12:49 AM

". . . In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco rejected arguments by Drakes Bay Oyster Co. that the Interior Department had relied on distorted scientific evidence and exceeded its powers when it refused to extend or renew the company's 40-year lease in November."

http://www.sfchronicle.com/bayarea/ar...

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  1. Robert Lauriston RE: Melanie Wong Sep 4, 2013 08:48 AM

    That's kind of misleading. The federal government gave Johnson Oyster Co. a 40-year-lease in 1972, when it bought the land.

    When Kevin Lunny bought the farm in 2004 he knew the lease could not be renewed and that the land was part of the Drakes Estero wilderness area.

    1. wolfe RE: Melanie Wong Sep 4, 2013 09:24 AM

      I was hoping that their record of being overturned would possibly reverse the ruling but this exchange makes me doubt it will happen.

      "Two weeks ago, a panel of Ninth Circuit judges held oral argument at UC Berkeley School of Law. In a Q&A session following the oral argument, the three Judges (Noonan, Thomas, and Bybee) were asked to comment on the Ninth Circuit's reversal rate at the Supreme Court. Boalt student Patrick Bageant was there, and he blogged the exchange over at Nuts & Boalts as follows:

      Judge Noonan: "Typical numbers are 20 out of the 16 thousand cases that come before this court. Who is worrying? It's like being struck by lightning."
      Judge Thomas: "Well, in that case I've been struck by lightning a time or two."

      Judge Thomas: "It's largely a media myth. But you just take the reputation, like Dennis Rodman."
      Judge Bybee: "We're the Dennis Rodman???"
      Judge Thomas: "Yeah, we're like the bad boys of the federal circuit.""

      1. Robert Lauriston RE: Melanie Wong Jun 30, 2014 09:33 AM

        The Supreme Court declined to hear Lunny's appeal, so that should be the end of this.

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