Posted on 12/06/2012 4:41:14 PM PST by lowbridge
A family oyster business recently shut down by the Obama administration’s demand that the public land on which it operates revert to a wilderness area is suing the federal government for what they say is an illegal taking of the property.
“Our family business is not going to sit back and let the government steamroll our community, which has been incredibly supportive of us,” Drakes Bay Oyster Company said in a statement.
Lawyers for the company, which is situated in Drakes Estero, a tidal inlet off Drakes Bay, will ask a judge in the Northern District of California’s District Court for an injunction on Friday to block the eviction while the lawsuit progresses.
Interior Secretary Ken Salazar last week ordered that the century-old oyster farm company be evicted from the Point Reyes National Seashore in Northern California so that the park can be returned to its wilderness state.
The rationale behind the decision and support from environmental groups was that the oyster collecting activities disturbed harbor seal pupping and damaged native plants. Salazar says that commercial activities are not compatible with wilderness designations.
“I’ve taken this matter very seriously,” Salazar said in announcing his decision. “The Estero is one of our nation’s crown jewels, and today we are fulfilling the vision to protect this special place for generations to come.”
The lawsuit claims that the federal government did not perform required environmental studies before making the determination, and that the decision will cost the company millions of dollars.
The lawsuit also says federal government officials relied on scientifically flawed and false information as part of the decision-making process and that some of the misleading information came from National Park Service employees.
(Excerpt) Read more at humanevents.com ...
Agenda 21.
As pointed out yesterday, this land was on a 40 year lease. Of course the Government can up and decide not to re-lease the land. Perhaps the Company should have donated a bit more to the Democratic political machine.
They should have started to negotiate a re-lease 10 years ago and try and get it renewed before the 3 year mark, if not, start scaling down.
My Father in-law leased *to* the government a small wharehouse that was going to be used for the U.S postal service. The lease was for 49 years. It’s been 29 years and the place is still empty.
/johnny
The land owner can do what they want.
I believe from much reading over many years that the Environmentalists have fabricated much, if not all of their “scientific” supporting “facts” having those “facts” peer reviewed by members of their environmental community, supported in disputes by said membership, and generally with favorable Leftist activist judges presiding over said disputes. It’s been a winning formula for them.
It would be a winning formula for some with the desire for truth to gain knowledge of environmentalism to accumulate the real facts, and expose the fraud environmentalism, and its support by Leftist entities for their devious purpose(s) actually is.
I’m certain there will be some truths under the category of the stopped clock being correct twice a day, but that would I believe be of minor concern.
I hope he wins and kicks the environmentalist’s lying teeth out.
IIRC HUD backed off in part because the courts told the government employees that they do not have unlimited immunity; to wit, they can be held accountable as individuals.
Ms Achtenberg was using threats to silence the citizens and deny them their First Amendment rights.
Barbara Simpson (KSFO San Francisco) this past weekend had the owner of the oyster company on as a guest.
He had to ask Senator Feinstein to force Interior to give him the "studies" that Interior used to justify the decision. Independent sources proved that the "studies" were bogus (or similar description).
It seems to me that if a bureaucrat is personally liable for interfering with a citizen's First Amendment Rights then that bureaucrat should be personally liable for lying to and cheating citizens.
.. the pukes working on Agenda 21 do a lot of lying and cheating -- they too should be personally liable for the crimes.
“The lawsuit also says federal government officials relied on scientifically flawed and false information as part of the decision-making process and that some of the misleading information came from National Park Service employees.”
The National Park Service is a wholly owned subsidiary of Environmentalist Inc.
Unelected bureaucrats at the Department of Interior and their list of species that in their view were either threatened or endangered by the 100-years-old agreements to let farmers in Klamath Falls, Oregon continue to use water to irrigate -- the farmers had started the growing season as usual when unelected bureaucrats cut off their water -- the feds even posted armed-guards to keep the farmers away from opening the source of their water.
It came damn close to being the Battle of Lexington West. It started under Clinton-Gore and was picked up by Bush to settle the problem before shooting occurred. Then 9/11 took everyone's immediate attention.
If Oregon’s congress members and senators don’t get behind the restaurant and talk to OB, they will lose in court.
“The lawsuit also says federal government officials relied on scientifically flawed and false information as part of the decision-making process and that some of the misleading information came from National Park Service employees.”
Same story with red snapper shut down going on four years now in the South Atlantic. Govt data was found to be “fatally flawed” deficent, and on top of that they fabricated hugh amounts of landing data that was inputed into the computer modeling so it concluded “overfished”. Testimony was given to Congress on this last year. Results: zilch!
Unfortunately, these people will probably lose in the end regardless of the flawed science. From what I read, they and other land owners were conned into turning over their land to the park service for some type of consideration and an additional goody-goody environmental feeling with a “verbal” (as good a the paper it is written on) assurance that the leases would be renewed every 40 years. As with any assurance from the Federal Government (ask the Indians) you had better have an iron clad lawyered agreement in writing to even have a remote chance of exercising their rights.
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