CBSN Bay AreaWatch Now
Filed Under:9th Circuit Court of Appeals, 9th U.S. Circuit Court of Appeals, Court Of Appeals, Drake's Bay, Drakes Bay Oyster Company, Drakes Estero, Environment, Injunction, Interior Secretary, Ken Salazar, Kevin Lunny, Oyster, Oyster Prices, Oysters
Drakes Bay Oyster Company. (CBS)

SAN FRANCISCO (KCBS) – The fight over the government’s demand that the Drakes Bay Oyster Company close up shop at the Point Reyes National Seashore heads Tuesday to a final appeal to the U.S. Ninth Circuit Court of Appeals.

The court was scheduled to hear from the Department of the Interior on Tuesday, and the owner of the oyster farm, Kevin Lunny, will respond on Thursday. After that, the court could rule on Lunny’s request for an injunction blocking his eviction.

READ MORE: As COVID Delta Variant Infections Subside Experts Warn of Winter Surge

Early this year, Interior Secretary Ken Salazar refused to renew the farm’s lease in the national park, saying the waters of Drakes Estero should return to wilderness.

READ MORE: Concord Restaurant, Bar Patrons Divided Over Vaccine Mandate

Barring an injunction, Lunny will have until March 15 to vacate the premises the farm has occupied for forty years.

Lunny has warned that if the injunction is not granted by the U.S. 9th Circuit, oyster prices in California could quickly rise. Lunny has been quoted as saying his farm accounts for roughly 40% of commercial oyster production in the state.

MORE NEWS: Newsom Signs Law to Replace Fr. Serra Statue With Memorial to Indigenous Californians

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 This material may not be published, broadcast, rewritten, or redistributed.)