Standing Up Against Government Abuse:Drakes Bay seeks High Court review

After the Ninth Circuit denied its petition for rehearing on January 14, Drakes Bay Oyster Company has announced that it will seek relief in the U.S. Supreme Court. The historic oyster farm is fighting for survival after the Department of the Interior refused to renew a permit that the farm needs to remain in operation. The farm had sued in federal court to overturn the Secretary's refusal to renew the permit.

In a new ◼ PLF podcast, San Francisco attorney, Peter Prows, who represents the company, and Pacific Legal Foundation attorney Anthony Francois, discuss the next steps in the case - a petition for review at the Supreme Court. PLF will file as a "friend of the court" brief to support the oyster farm's challenge.

"We really value PLF's support as an amicus in this case," said Prows, with the law firm of Briscoe, Ivester & Bazel, LLP.



Francois said the Point Reyes National Seashore itself wouldn't exist if not for the multi-generational ranches and farms (including Drakes Bay), which have operated on the land for decades. These farms agreed with the government that the region's rich
agricultural heritage should be protected from development and worked cooperatively with federal officials to create the park.

"The Supreme Court needs to take this case, because the lower courts have abdicated their judicial responsibility by refusing to review the government's arbitrary actions," Francois said in a statement. "This case isn't just a challenge to the government's vendetta against the Drakes Bay Oyster farm, it's a fight to uphold our system of checks and balances and to make sure that bureaucracies aren't above the law."

◼ More on this case.