SAN FRANCISCO (CBS SF) – A popular oyster farm in the Point Reyes National Seashore is appealing a federal court decision that bolstered the government’s effort to close the facility.

Drakes Bay Oyster Co. owner Kevin Lunny said Wednesday that he will appeal the 9th Circuit U.S. Court of Appeals ruling issued by a three-judge panel a day earlier.

The panel ruled that the federal government had legal authority to deny the farm a new lease so the waters of the Drakes Estero could be returned to wilderness.

Lunny and his supporters, including Sen. Dianne Feinstein, D-Calif., said the lease decision was based on flawed science.

Lunny wants a 10-year extension.

The farm, which has continued operating while the case was pending, has 45 days to request a review by an 11-judge panel.

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)


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