Oyster Farm Presses For 9th Circ. En Banc Review In DOI Fight

Law360, Los Angeles (October 21, 2013, 9:20 PM EDT) -- A major California oyster farm fighting to stay open after the Department of the Interior did not renew its lease asked Friday for an en banc hearing before the Ninth Circuit, saying a September panel decision shielded the agency’s abuse of discretion from judicial review.

Drakes Bay Oyster Co. appealed for an en banc rehearing after a divided three-judge panel ruled it lacked the authority to review an “informed judgment” by DOI about the farm’s environmental impact. Drakes Bay claims that the divided panel wrongly held that courts lack jurisdiction to determine whether administrative actions are arbitrary, capricious or an abuse...

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