Department of the Interior Files Response to Drakes Bay Oyster Company's Request for En Banc Rehearing

Drakes Estero: A Wilderness for Everyone

The Department of the Interior (DOI) has filed its response to Drakes Bay Oyster Company's (DBOC) request for an en banc rehearing. It presents in clear logic why the 9th Circuit Court of Appeal's decision "...does not present any question of exceptional importance, nor does it identify any conflict between the panel opinion and existing precedent." It is clear the Court should reject DBOC's request for a rehearing and allow Drakes Estero to revert to wilderness, for the benefit everyone.



Amici Briefs Not Persuasive
In addition to addressing DBOC's request for an en banc hearing, the response also addresses briefs filed in support of DBOC. The DOI states clearly that "None of the amici [friends] present persuasive reasons for an en banc review." Half of those briefs were penned or filed by DBOC's own counsel, a clearly orchestrated event.

Most persuasively, the DOI response notes that Congress could have made "...an explicit allowance for private commercial shellfish cultivation, but it chose not to do so, instead opting for a transitional "potential wilderness" in which non-wilderness would be steadily removed."

At the state level, DOI emphasizes that "...DBOC's state leases are contingent on the Park Service's continued authorization of its activities." It goes further to note "...the adjacent Estero de Limantour.." has already been converted "...from "potential wilderness" to "wilderness," even though it is subject to the same retained rights as Drakes Estero."

Jobs and entrepreneurship
It is true there will be a loss of jobs handling shellfish from Drakes Estero. However, it is also true there are thousands of acres of tidelands in California currently permitted but not in production. Examples of entrepreneurs who were laid off or fired from corporations who then go on to start their own successful companies exist throughout the United States. Corey Goodman, one of DBOC's amici's, is one such example. After being let go from Pfizer, Dr Goodman went on to become a successful venture capitalist and cheese maker. There is no reason these skilled employees could not take their knowledge of operating a shellfish farm, which they have been doing successfully for decades, and create their own successful corporation, providing their children with far more independence than they currently have.