Legal Opinion

Drakes Bay Oyster Company v. Sally Jewell

Court of Appeals for the Ninth Circuit

Decided September 3, 2013No. 13-15227PublishedCited by 6 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge:

This appeal, which pits an oyster farm, oyster lovers and well-known “foodies” against environmentalists aligned with the federal government, has generated considerable attention in the San Francisco Bay area.1 Drakes Bay Oyster Company (“Drakes Bay”) challenges the Secretary of the Interior’s discretionary decision to let Drakes Bay’s permit for commercial oyster farming expire according to its terms. The permit, which allowed farming within Point Reyes National Seashore, was set to lapse in November 2012. Drakes Bay requested an extension pursuant to a…

2Cases cited34 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Nken v. HolderSupreme Court of the United States · 2009
  4. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  5. Alliance for Wild Rockies v. CottrellCourt of Appeals for the Ninth Circuit · 2011

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3Cited by6 opinions

  1. Drakes Bay Oyster Company v. Sally JewellCourt of Appeals for the Ninth Circuit · 2013
  2. San Luis & Delta-Mendota Water v. Natural Resources Defense CounCourt of Appeals for the Ninth Circuit · 2014
  3. San Luis & Delta-Mendota Water v. Natural Resources Defense CounCourt of Appeals for the Ninth Circuit · 2014
  4. Western Montana Community Partners, Inc. v. AustinDistrict Court, D. Montana · 2015
  5. Drakes Bay Oyster Company v. Sally JewellCourt of Appeals for the Ninth Circuit · 2014

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