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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.

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.

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.

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