Drakes Bay Oyster Company to seek relief at United States Supreme Court

Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court.  The oyster farm is fighting for survival after the Department … Continue reading

Ninth circuit denies rehearing in oyster farm case

This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company’s petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court’s decision to deny the oyster farm an injunction which … Continue reading

The Interior Department and science: Congress steps up the pressure

Author: Brandon Middleton The last week has seen the Interior Department face numerous questions from members of Congress regarding scientific determinations made under the Endangered Species Act.  Last Thursday, the House Subcommittee on Investigations and Oversight conducted a hearing on … Continue reading

Wait, I thought the Interior Department supports using the best available science?!?!

Author: Brandon Middleton Earlier this week, Interior Secretary Ken Salazar gave a fairly routine political speech at the Commonwealth Club in San Francisco.  The subject of Salazar's speech was California's water, and the Secretary paid particular attention to the Bay … Continue reading

Administrative law and the Deepwater Horizon disaster

Author:  Damien M. Schiff Earlier this week, Judge Martin Feldman, in Hornbeck Offshore Services v. Salazar, issued a preliminary injunction overturning the Obama Administration's six-month moratorium on new deepwater well drilling in the Gulf of Mexico.  The plaintiffs, a collection of gulf-oil-dependent … Continue reading