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Appeals Court Panel Upholds Drakes Bay Oyster Farm Eviction

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The Drakes Bay Oyster Company. (CBS)

Drakes Bay Oyster Company. (CBS)

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SAN FRANCISCO (CBS/AP) — A federal appeals court has upheld a decision by former Interior Secretary Ken Salazar not to renew the lease of a popular oyster farm operating in a national park in Northern California.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Tuesday that Salazar had the authority to not to renew the lease of the Drakes Bay Oyster Company along the Point Reyes National Seashore.

Salazar said the waters in which Drakes operates should be returned to wilderness.

The farm argued Salazar’s decision was based on flawed science. But the court found no legal basis to reverse it.

The court also removed a preliminary injunction that had allowed Drakes to continue operating while the case was pending.

Farm owner Kevin Lunny says he’ll confer with his lawyers before deciding whether to ask the entire court to review the panel’s decision.

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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