DOI Wins Oyster Permit Injunction Fight In 9th Circ.

Law360, New York (September 3, 2013, 8:20 PM EDT) -- The Ninth Circuit on Tuesday upheld U.S. Secretary of the Interior Kenneth Salazar's decision not to renew the lease of a major California oyster farm, saying it lacks the authority to review an "informed judgment" by the agency about the farm's environmental impact. 

In a 2-1 decision, the appeals panel said Salazar had complete discretion to not renew the lease of the Drakes Bay Oyster Co. — which currently produces about 40 percent of the oysters cultivated in California — despite Drakes Bay's assertion that he...
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