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Supreme Court Turns Down Drakes Bay Point Reyes Oyster Farm Appeal
NBC Bay Area ^ | Monday, Jun 30, 2014

Posted on 06/30/2014 12:03:56 PM PDT by nickcarraway

The Supreme Court has refused to hear an appeal from a popular oyster farm in Northern California that is facing closure.

The justices did not comment Monday in leaving in place lower court rulings against Drakes Bay Oyster Co.

The company operates in the Point Reyes National Seashore. Then-Interior Secretary Ken Salazar declined to renew its lease when it expired in 2012. Salazar said the waters of Drakes Estero should be returned to wilderness status.

(Excerpt) Read more at nbcbayarea.com ...


TOPICS: Business/Economy; Culture/Society; Extended News; News/Current Events
KEYWORDS: drakesbayoysterco; interior; oyster; pointreyes; salazar
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To: Usagi_yo; Hugin

Uhmmmmmm.....

He’s right.

They felt they didn’t need the land and likely didn’t want to pay the taxes.

So they entered into a conservatorship arrangement.

Gubmint is stoopit. These guys are big on keeping everything clean as stewards of the area and because their product is sensitive to the environment.

They are being undermined by competitors, using the gubmint to shut down competition.


21 posted on 06/30/2014 2:38:40 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: everyone
Debate Flares on Limits of Nature and Commerce in Parks

New York Times - November 1, 2009

Click for article with map and pictures of the site

It seems a perfect marriage of nature and commerce. As boats ferry oysters to the shore, pelicans swoop by and seals pop their heads out of the water.

But this spot on the Point Reyes National Seashore has become a flashpoint for a bitter debate over the limits of wilderness and commercial interest within America’s national parks.

The National Park Service has said it cannot renew the permit to farm oysters in a tidal estuary here, which lapses in 2012, because federal law requires it to return the area to wilderness by eliminating intrusive commercial activity.

Kevin Lunny, the owner of the Drakes Bay Oyster Company, says he feels persecuted by the National Park Service and has sought legislation that could allow him to continue operating.

He argues that the 70-year-old oyster farm, which predates the park, is part of the historical working landscape of the area — and every bit as in need of protection as the harbor seals and eelgrass that share the bay.

Mr. Lunny and his allies also accuse the park service’s regional office of issuing faulty scientific reports exaggerating the threat that the oyster farm poses to baby seals and flora in the estuary — accusations given credence last spring by the National Academy of Sciences.

22 posted on 06/30/2014 3:13:21 PM PDT by deks (Sent from my BlackBerry Q10)
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To: lee martell; Vendome; Hugin; nickcarraway; cizinec

Yes, Double BS ..... Triple BS even.

I’m distrustful and leery of today’s occupants of our Government, but on this case I’m sure the plaintiffs are wrong, and nobody on this board can keep the story straight and factual.

“Kevin Lunny, a local rancher who bought the shellfish operation from Johnson Oyster Co. in 2004, said he was shocked when he got a call directly from Salazar on Thursday morning telling him that the 40-year occupancy agreement would not be renewed.”

So yea, Triple BS, the original owner who sold it (not donated it) to the government in 1972. Long before the plaintiff bought the business and the soon to expire lease with and existing 10 year option to renew ... which the government declined.

In my opinion, the plaintiff is scamming the public with their lies and spin.

Due Diligence. Don’t buy a business with a soon to expire lease without negotiating a new lease at the time of purchase.


23 posted on 06/30/2014 3:54:16 PM PDT by Usagi_yo
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To: Usagi_yo

You are conveniently leaving out the 2009 legislation.


24 posted on 06/30/2014 3:56:40 PM PDT by nickcarraway
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To: cizinec

It was a lease, not a permit. The permit allowed them to farm oysters on the land being leased. The lease expired and the Feds didn’t want to renew. Happens all the time between in business dealings with or not with the government.

So yea, 8 or so months ago I was fully read up on this issue and posted responses to many misconceptions about the case — Including an op-ed from their Lawyer represented as news. Go look em up cause I’m done with this case. It started out fail and ended fail.

He’;s either a bad businessman for buying a business on leased land set to expire or he knew and was gambling on getting it for cheap and then getting a favorable lease renewal.


25 posted on 06/30/2014 4:01:11 PM PDT by Usagi_yo
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To: nickcarraway

BS

“Salazar had the option to extend the lease for 10 years after Sen. Dianne Feinstein, D-Calif., included the provision in a rider on an appropriations bill.”

That’s an option and not compulsory. Probably DIFI got lobbied and included an innocuous rider that should the FEDS choose to renew, they can.

After that, looks like they stopped paying their DIFI lobbying fees because the option was not exercised.

Why don’t you post the full version of DIFI’s Rider?


26 posted on 06/30/2014 4:06:10 PM PDT by Usagi_yo
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To: Usagi_yo

You have forced me to admit you may be correct. Even still, you won’t find very many defending the Gov. position around here. On certain radio stations, anyone who supports shutting this place down will be talked about online. Talked about as if they were in league with Satan.


27 posted on 06/30/2014 4:14:57 PM PDT by lee martell
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To: Usagi_yo; lee martell; Hugin; nickcarraway; cizinec

You are off the reservation crazy on this one.

But, if you want to find articles to support your 1st impression and ignore certain content to create a new context supporting your opinion, have at it.

I dont see what purpose it serves.


28 posted on 06/30/2014 4:23:51 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

Your previous post was almost totally made up. So coming from you ... I really don’t care. You’ve lifted your dress and exposed your agenda.


29 posted on 06/30/2014 4:26:10 PM PDT by Usagi_yo
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To: Usagi_yo

You keep ignoring the 2009 legislation that directed the lease to be renewed. So your position is the executive has no responsibility to follow legislation passed by Congress?


30 posted on 06/30/2014 4:32:54 PM PDT by nickcarraway
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To: lee martell

What you say is true. I don’t like defending the government or defending Obama or the Dems in general, but a lie is a lie and I don’t want fake claims an allegations detracting from the real issues.

News has become partisan. People can now go and choose their own news sources and opinion sources. This results in people gravitating towards sources that provide ‘conformation bias’. Done on both the left and the right.

IF you hate the government you want to read about government abuse and oppression. If you hate the other party you want to read about the absurd regarding the other parties. Many don’t even bother to check facts any more and just believe because it fits their world view.

Me? I like the truth, even if it disproves some accusation from a group of another conservatives.

What we get here on FR is not news. It’s pointers to news and opinions — which is difficult to discern between the two these days.


31 posted on 06/30/2014 4:39:00 PM PDT by Usagi_yo
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To: nickcarraway

“Salazar had the option to extend the lease for 10 years after Sen. Dianne Feinstein, D-Calif., included the provision in a rider on an appropriations bill.”

There, in case you missed it the last time.

Dig the rider up and post it. I can certainly look it up, but you’re the one that thinks it say’s something different. Do your own leg work. I’ve done mine.


32 posted on 06/30/2014 4:40:48 PM PDT by Usagi_yo
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To: Usagi_yo

Well, you’re nobody and not important...


33 posted on 06/30/2014 5:25:06 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

and not even liked.


34 posted on 06/30/2014 8:05:49 PM PDT by Usagi_yo
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To: Usagi_yo

Well, yer honest at least....


35 posted on 06/30/2014 10:37:28 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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