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

PLF files amicus brief in Supreme Court in support of State of Alaska

The State of Alaska has asked the United States Supreme Court to review a decision of the Ninth Circuit which says that the federal government, instead of the state, has the power to regulate hunting and fishing in navigable waters … 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

Government celebrates ESA’s 40th birthday by gifting west coast to green sturgeon

The federal government recently designated virtually the entire West Coast of the United States as critical habitat for a marine species known as the green sturgeon, including 1,421-square miles of coastal marine areas, 897-square miles of estuaries, and hundreds of … Continue reading

Ninth Circuit fails to protect Drakes Bay Oyster Company from government abuse

Liberty Blog readers will be familiar with the ongoing courtroom battle between Drakes Bay Oyster Company and the Department of the Interior, over whether the oyster farm can remain in business at its historic location within Point Reyes National Seashore.  … Continue reading

Another court cries foul on D. R. Horton

Despite the Supreme Court’s pronouncement that “contract is a matter of consent, not coercion,” and accordingly, contracts must be enforced according to their terms, many courts across the country still show an unwillingness to enforce contracts that contain class action … Continue reading

Courts can’t ignore discrimination in the political process

Today PLF attorneys filed an amicus brief in the Ninth Circuit supporting Arnold Davis, a Guam resident defending his right to participate in the political process irrespective of his race. The Guam legislature authorized a referendum regarding the island’s future … Continue reading