Briscoe Ivester & Bazel News, March 11, 2013

  • News
  • by BPC Staff
  • on March 11, 2013

Ninth Circuit Grants Emergency Injunction To Protect Drakes Bay Oyster Company From “Artificial Wilderness” Designation

Drakes Bay Oyster Company and its owner, Kevin Lunny, argued in a brief to the Ninth Circuit last week that the federal government’s decision to boot out their oyster farm was an attempt to “impose an artificial wilderness in the middle of a historic farming community”, in violation of several laws.  In a strong signal on the merits of the appeal, the Ninth Circuit has already granted the oyster farm’s emergency motion for an injunction pending appeal, finding that there are “serious legal questions and the balance of hardships tips sharply in [the oyster farm’s] favor”.  Briscoe Ivester & Bazel LLP is representing the oyster farm pro bono, together with Cause Of Action, Stoel Rives LLP, and SSL Law Firm.


Peter Prows


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