Interior Department Files Opposition Brief Against Tomales Bay Oyster Company Preliminary Injunction Motion
Late last week, the U.S. Department of the Interior filed its brief in federal district court opposing the Tomales Bay Oyster Company's motion for preliminary injunction to stop the closure of the Drakes Bay Oyster Company. Reasons cited the Interior Department's opposition brief include:
- "The TBOC Plaintiffs’ moving papers contain no evidence of any true emergency, no evidence of irreparable harm, and no likelihood of success on the merits of their claims."
- "Further, in its 2012 and 2013 annual proof-of-use reports, TBOC identified the principal constraint on its ability to expand shellfish production in Tomales Bay not on the loss of supply of mature oysters it purchased from DBOC, but instead on the limited availability of oyster seed. Because Plaintiffs can only speculate about the effect of DBOC’s impending closure on the market for local oysters, Plaintiffs’ injury is not irreparable."
- "The public has a powerful interest in achieving and enjoying full wilderness status for the waters of Drakes Estero, as Congress originally intended in enacting the Point Reyes Wilderness Act in 1976."
- "The injury that Plaintiffs assert—that NOAA allowed too much coordination with the State of California during the CZMA process—is simply outside the zone of interests that the CZMA seeks to protect. Plaintiffs have no statutory standing, and their CZMA claim against NOAA must also be dismissed."
Federal District Court Denies Amicus Brief By Judy Teichman for Phyllis Faber, Robin Carpenter, Laura Watt
In a somewhat unusual move, the Interior Department opposed the filing of an amicus "friend of the court" brief by Judy Teichman on behalf of Phyllis Faber, Robin Carpenter, Laura Watt and others. Reasons for the opposition, with which the federal court agreed, include:
- the Teichman/Faber proposed amicus brief made "the same arguments as Plaintiffs and use similar authorities to support their identical interests," and did not "provide unique information or perspective to the Court."
- the Teichman/Faber proposed amicus brief applicants "are "friends of the plaintiffs" and not "friends of the court,"" resulting in "a highly partisan attempt to influence the Court to find in favor or Plaintiffs by repeating the same arguments advanced in Plaintiffs' motion for preliminary injunction."
You can read the Interior Department's opposition brief here. Read the court order denying the amicus brief here.
Drakes Bay Oyster Company's Operations Cause Ongoing Harm to Drakes Estero
Please take three minutes, if you haven't already, to view the underwater video shot by Richard James of the trash in Drakes Estero from the Drakes Bay Oyster Company's operation.
Trash, Invasive Species Left Behind as Controversial Oyster Farm Closes
"But running what amounts to an industrial facility in a designated wilderness has an impact on the land, and that impact is still visible in the piles of plastic and metal oyster growing racks occupying the site. What's more, the farm seems to have introduced highly troublesome invasive species to the protected estuary."
Upcoming EAC Events - Please Join Us!
50th Anniversary of the Wilderness Act: Tomorrow, September 3rd, marks the historic 50th Anniversary of the Wilderness Act! EAC encourages you to get out into the wild and reconnect with the beauty and biodiversity and renews and sustains us all. And, please remember to support the Environmental Action Committee of West Marin, the leader in protecting West Marin's Wilderness! No one does more than EAC to protect the Point Reyes National Seashore and wild places in West Marin!!
Piper on the Ridge: Sunday, September 7th. Bring your friends and a picnic to this time-honored tradition to celebrate the changing seasons atop Mount Vision in Point Reyes National Seashore while bagpiper Dan McNear plays to the setting sun and rising full moon. We will begin gathering at 5:30pm – follow the signs to the parking area atop Mt. Vision Road. Bring a little cash to pay the piper!
Coastal Cleanup Day: Saturday, September 20th, 11am-2pm. Drakes Beach, Point Reyes National Seashore. Come celebrate the 30th Annual Statewide Coastal Cleanup Day with EAC and friends! This is a great family-friendly event to give back a little to the beaches we all love, learn about our Marine Protected Areas, and enjoy some time on beautiful Drakes Beach.
Litter Bugs Me Roadside Cleanup: Saturday, October 4th, 8am-12pm. Meet at White House Pool County Park. EAC will have bags, gloves, safety vests, and coffee and doughnuts. Help us keep our watersheds trash-free!
Pelagic Bird & Marine Mammal Watching Trip from Bodega Bay to Cordell Bank: Sunday, October 12th, 7:30am-4:30pm. Join EAC aboard the New Sea Angler out of Bodega Bay for an all-day extravaganza of seabird and marine mammal watching to Cordell Bank and back. We will have three all-star birding guides, you won’t want to miss this adventure! Email: admin@eacmarin.org to reserve your spot today. Cost is $150/person or $135/person for EAC members.
Coming soon: Marin MPA Watch, a citizen-science collaborative among EAC, the California Academy of Sciences, and the Point Reyes National Seashore, will be hosting volunteer information meetings and trainings this fall. Stay tuned for upcoming information.
For the wild,
Amy
Amy Trainer, JD
Executive Director
Box 609 Point Reyes, CA 94956
(415) 663-9312 office
(415) 306-6052 cell
Protecting West Marin Since 1971!
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Those who contemplate the beauty of the Earth
find reserves of strength that will endure
as long as life lasts. ~ Rachel Carson
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