...Submitted along with the California Cattlemen’s Association, PLF’s brief supports the petition for certiorari to the High Court by the Lunny family, owners of the 80-year-old oyster farm.
“It is outrageous that regulators are trying to destroy a family-owned business that is part of the historic fabric of Northern California and its economy, and that provides a nutritious, organic food source in an environmentally beneficial way,” said PLF Attorney Tony Francois. “Pacific Legal Foundation is proud and determined in our support of the Lunny family against this shameful assault on their livelihood, their employees, and the future of a beloved Bay Area institution.”◼ PLF brief: Ninth Circuit’s ruling gives bureaucrats a license to be abusive - Pacific Legal Foundation
Drakes Bay Oyster Company sued over the permit denial — including regulators’ failure to produce a NEPA report — but a divided Ninth Circuit panel sided with the government.The case is Drakes Bay Oyster Company v. U.S. Department of the Interior. More information, including PLF’s amicus brief and a video, may be found at: www.pacificlegal.org.
“The Ninth Circuit’s ruling raises far-reaching concerns that go beyond this particular case, and cry out for Supreme Court review,” said Francois. “In essence, the Ninth Circuit has given environmental regulators a license to be arbitrary and abusive without fear that they’ll be called to account, in court, for their decisions.”
