DBOC Denied. Nature Affirmed!

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Today the ninth circuit denied the appeal for a hearing en banc to allow Drakes Bay Oyster Company to continue to ignore their expired lease to extract money from Drakes Estero in the form of oysters and clams.

En banc Denied

The entire amended opinion may be seen here.

The court has spoken

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The following are excerpts from the Ninth Circuit opinion published this morning which can be found here.

Knowing full well


Several weeks ago, I overheard someone responsible for the oyster farm entry in the Western Weekend Parade comment “I wanted to do something good for them, they’ve been through so much.”

The phrase “largely responsible for their own harm” comes to mind.

A few weeks ago, someone closely involved with this ordeal said to me, “Regardless of the outcome, I hope Kevin Lunny invests just as much time healing this community as he did dividing it.

I agree with this comment.