Drakes Bay Oyster Company and Kevin Lunny File Petition Requesting Rehearing of Appeals Court Denial

Attorneys for Drakes Bay Oyster Company have filed a petition with the 9th Circuit Court requesting a panel of 11 judges ("En Banc") rehear their plea to remain open under a preliminary injunction. The 9th Circuit's panel ruled they did not have jurisdiction over then Secretary Salazar's decision to not issue a permit to Drakes Bay Oyster Farm after their existing agreement expired in 2012. The panel also stated it was unlikely that Drakes Bay Oyster Farm attorneys would be able to prove "...that the Secretary violated constitutional, statutory, regulatory, or other legal mandates or restrictions. The panel further held that Drakes Bay was not entitled to a preliminary injunction not only because it failed to raise a serious question about the Secretary’s decision, but also because it had not shown that the balance of equities weighed in its favor."

[Note: Click here for more details of the "en banc" process of the 9th Circuit. Requires Microsoft Word.]

Drakes Bay Oyster Company will be joined by the conservative Pacific Legal Foundation group in its appeal, further continuing to tighten the knot to ultra conservative Tea Party like groups whose "other agendas" so shocked Phyllis Faber when she realized who Cause of Action was really fighting for (it was not the employees of DBOC). The same groups who almost brought the United States to another recession through their "objectivism" philosophy, where personal gain trumps all.