Drakes Bay Oyster Sues Coastal Commission for Coastal Act Violations
Coastal Act requires the protection of aquaculture
Complaint asks for injunctive relief, declaratory relief, and civil penalties
INVERNESS, CALIF. — Drakes Bay Oyster filed a cross-complaint today against the California Coastal Commission alleging that the Commission has violated its obligations under the Coastal Act to permit, protect, and promote aquaculture.
"The Coastal Commission has not acted in good faith and must be held accountable," said Phyllis Faber, a Marin County environmental activist and biologist who was a founding member of the Commission. "Instead of working to protect the coast in keeping with its charter, the Commission has violated the law and abused its power. Drakes Bay Oyster is an environmentally-sound local business that is part of our local heritage—exactly the sort of coastal use that the Commission was formed to protect."
The support of aquaculture is an important part of the Coastal Act, the law that established the Commission and governs its actions. The law recognizes that "existing developed uses" such as the 80-year old oyster farm are "essential to the economic and social well-being of the people of this state and especially to working persons employed within the coastal zone."
The Commission has not only failed to fulfill its charter to protect and promote aquaculture, it has also repudiated agreements it made with the oyster farm to process its permit once the Park Service made public its environmental review. That review was made public in November 2012, but the Commission has continued to withhold the permit.
Drakes Bay has submitted a complete permit application, paid all application fees, and submitted all information required by the Coastal Act. The operations Drakes Bay has proposed for permitting are consistent with all applicable Coastal Act policies.
The complaint sets out five counts on which the Commission is in violation of the Coastal Act, and asks for several types of relief, including a declaration that the Commission has violated the law, an injunction requiring the Commission to process the permit, and civil penalties.
The Coastal Commission case is separate from the oyster farm's pursuit to appeal their eviction with the Supreme Court but is also ongoing and significant to their continuation as a local business and environmental partner to the area.
The historic oyster farm in Drakes Estero, located in Point Reyes, Marin County, has been part of the community for nearly 100 years. The Lunnys, a fourth-generation Point Reyes ranching family, purchased the oyster farm in 2004. Modern environmentalists and proponents of sustainable agriculture praise Drakes Bay Oyster as a superb example of how people can produce high-quality food in harmony with the environment. The farm produces approximately one third of all oysters grown in California, and employs 30 members of the community. The Lunnys also contribute the oyster shells that make possible the restoration of native oysters in San Francisco Bay and the oyster shells used to create habitat for the endangered Snowy Plover and Least Tern. As the last oyster cannery in California, Drakes Bay is the only local (and thus the only safe and affordable) source of these shells. The Lunny family is proud of its contributions to a sustainable food model that conserves and maintains the productivity of the local landscapes and the health of its inhabitants. For more information, please visit www.drakesbayoyster.com.
1.29.14 DBOC's Cross Complaint
by Jane Gyorgy on January 30, 2014 • Permalink
Tagged Acting Assistant Inspector General, Alice Waters, alphabet ranches, Amy Trainer, ATKINS, Becker Report, Bill Bagley, California Oysters, Cause of Action Complaint; Vigil, Chez Panisse, Cicely Muldoon, concealment, Congressional Hearings, Conrad L Wirth, controversy, corruption, David Press, deceit, deception, Dianne Feinstein, Director's Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, Hayes Street Grille, Hunger Strike, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Agricultural Commissioner, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, PEER, pneumatic drill, Point Reyes, Point Reyes National Seashore, PORE 004, PRAYER VIGIL, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Stacy Carlsen, Steve Kinsey, Stewart L Udall, TBOC, Tomales Bay Oyster Company, violation, VOLPE, West Marin
Posted by Jane Gyorgy on January 30, 2014
https://oysterzone.wordpress.com/2014/01/30/01-29-14-dboc-sues-ca-coastal-commission-for-coastal-act-violations/