Judicial Action on Drakes Bay Oyster Company Questioned by Judge

" The judge was a tough audience." (The Recorder)

At the judicial hearing in Oakland California Judge Yvonne Gonzalez Rogers questioned whether she had any authority to intervene on the decision of Drakes Bay Oyster Company's (DBOC) lease being allowed to lapse and not be renewed. The San Francisco Chronicle  reported the question as being put this way: "It seems to me it's much more in the realm of executive, political or legislative functions, as opposed to a judicial function," Gonzalez Rogers said. "... Where's the role of the federal judiciary on that policy decision?" [click here for article] 

DBOC's attorneys continued to focus on their disagreement over the Environmental Impact Statement's showing adverse impacts from the commercial shellfish operation. It is immaterial to the decision of whether the lease should have been allowed to lapse in November.

Additional arguments from DBOC attorneys included loss of jobs. Not mentioned was the Pacific Coast Shellfish Growers Association lobbying in Washington DC last February where they stated unequivocally: "In a healthy economy, the domestic workforce does not provide sufficient numbers of qualified workers for the shellfish industry."  Jobs for the displaced workers exist and they no doubt pay more than what Mr. Lunny offered them for their time spent sitting in the court room being portrayed as victims. In fact, with minimal organization, the skilled workers providing the labor for all shellfish growers could most likely make substantially more than they do now.

Mr. Lunny's continued resistance to admitting he made a bad business decision is all that stands in the way of creating the only marine wilderness area on the Pacific Coast outside of Alaska. It is time for Mr. Lunny to be grateful for the true privilege he had to make the amount of money he did under the agreements with the National Park Service and the California Department of Fish and Game, both affording minimal fees to operate on the tidelands and nearshore area of Drakes Estero.