He has independent proof that the study on which is based the Interior Department's actions is false. It took action by Senator Feinstein to force Interior to hand over the report.
Drakes Bay Oyster Farm will fight. It provides 40 percent of the S.F. Bay Area.
I recall a case that may be germane for their defense.. Roberta Achtenberg of Clinton's HUD launched investigations of citizens of Berkeley, Calif. who had opposed HUD proposals with letter-writing, pamphleteering and other forms of peaceful protest. Achtenberg ordered the protesters to turn over diaries, phone messages and other personal papers. She threatened to fine the protesters $50,000.
If memory serves a federal judge cleared the way for bureaucrats and Ms Achtenberg herself, personally, to be held accountable and open to legal action.
That upheld the First Amendment rights. (See below)
What about citizens' rights against bureaucracy lies and wrong-doing (the Drake's Bay Oyster Company decision). For example the court wrote about First Amendment rights, "When government officials violate citizens' clearly established First Amendment rights, however, we will not apply the doctrine of qualified immunity to defeat a remedy of damages to which the citizens are entitled under Bivens."
Ayers, Dohrn stir chaos in Middle East Obama's friends join protesters attempting to enter Gaza
"Weatherman terrorists Williams Ayers and Bernardine Dohrn close associates for years of President Obama were involved in provoking chaos on the streets of Egypt this week . . . ."