Justices skeptical of Park Service’s power to regulate private and state property

Yesterday, the Supreme Court of the United States heard oral argument in Sturgeon v. Frost, in which the issue is whether the National Park Service can regulate activity on property it does not own but is located within the exterior … Continue reading

Drakes Bay Oyster Company reaches settlement

Earlier this year the U.S. Supreme Court declined to hear Drakes Bay Oyster Company’s appeal of whether it could challenge the Interior Department’s refusal to renew its permit in federal court.  Since that decision, the oyster farm has ceased retail … Continue reading

US Supreme Court declines to hear Drakes Bay Oyster Company appeal

Pacific Legal Foundation is very disappointed that the court declined to hear this very important case.  For now, Americans in certain parts of the country will remain subject to second class citizenship, because the federal courts are closed to them … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

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

Ninth circuit should re-examine flawed ESA precedent in re-hearing drakes bay appeal

This morning PLF, joined by the California Cattlemen’s Association and the Building Industry Association of the Bay Area, filed an amicus brief in support of Drakes Bay Oyster Company’s petition for rehearing en banc of the Court’s September decision in … Continue reading

Ninth circuit hears argument on whether interior secretary is above the law

Today, in the Ninth Circuit Court of Appeals, Drakes Bay Oyster Company presents its case for enjoining the Secretary of the Interior and the National Park Service from destroying its business before its legal claims can even be heard in … Continue reading