Drakes asks court for 90-day stay

01/23/2014

Drakes Bay Oyster Company filed a motion with the Ninth Circuit Court of Appeals on Monday, asking the court to allow the farm to stay for at least 90 days as it appeals its case to the United States Supreme Court. On Jan. 14, the Ninth Circuit denied Drakes Bay an injunction to remain open as it litigates with the federal government over the Interior Department’s decision in 2012 not to renew the farm’s permit. The farm quickly announced its intention to seek review from the high court. In its new petition to the Ninth Circuit, Drakes Bay’s team of lawyers say they believe the Supreme Court will take up the case to resolve differences between how the Ninth Circuit interpreted laws surrounding the National Environmental Policy Act and the Administrative Procedures Act and how other courts have interpreted those laws in other rulings. If the circuit court declines to issue a 90-day stay, the current injunction under which Drakes Bay has been operating would expire seven days from that denial. The government has indicated that it will oppose the request for a stay, though the circuit court could deny the motion even before receiving a rebuttal from federal lawyers. If denied by the circuit court, Drakes Bay lawyers say they will appeal that denial to the Supreme Court.