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Amicus Brief, Drakes Bay Oyster Company v. Dep't of Interior, 729 F.3d 967 (9th Cir., 2013)
(2013)
  • Catherine L Rucker
Abstract
In November 2012, the Secretary of the Interior decided that the Drakes Bay Oyster Company would have to leave the Drakes Estero Potential Wilderness Area within the Point Reyes National Seashore. In February 2013, the District Court denied the Drakes Bay Oyster Company's claim for an injunction, and a three-Judge Ninth Circuit panel upheld the decision. In response, the Drakes Bay Oyster Company filed a petition for rehearing en banc, with eleven Judges. At that point, I realized that I could file an amicus brief to support the Secretary's decision. The Ninth Circuit Opinion (Sept. 2013): http://cdn.ca9.uscourts.gov/datastore/general/2013/09/03/13-15227_Drakes_Bay_opinion.pdf The Secretary's Decision Memo (Nov. 2012): http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=332286 Because the Ninth Circuit denied the en band petition, and because the US Supreme Court refused to take the case, then the oyster company agreed to vacate the estero by December 31, 2014.
Keywords
  • Drakes Bay Oyster Company,
  • Drake's Estero,
  • Point Reyes National Seashore,
  • Potential Widlerness,
  • Wilderness Act of 1964,
  • Administrative Procedure Act
Publication Date
Winter December 12, 2013
Citation Information
Catherine L Rucker. "Amicus Brief, Drakes Bay Oyster Company v. Dep't of Interior, 729 F.3d 967 (9th Cir., 2013)" (2013)
Available at: http://works.bepress.com/catherine_rucker/4/