http://oysterzone.wordpress.com/2014/04/03/04-02-14-us-supreme-court-to-decide-04-14-14-to-hear-or-not-to-hear-dboc/
(F)ormer Interior Secretary Ken Salazar denied the permit, citing a flawed environmental impact report while simultaneously claiming it didn’t rely on that same report. The oyster farm is seeking an emergency injunction staying their eviction while it sues for a new hearing on the permit, saying the prior decision was based on a misinterpretation of science and law. The Ninth Circuit denied the injunction in a 2 to 1 decision, asserting the court has no jurisdiction to overrule an agency’s decision, even if the decision is based on misinterpretation of law. Judge Watford, an Obama appointee, dissented. Drake’s Bay is taking their case to the Supreme Court.
(F)ormer Interior Secretary Ken Salazar denied the permit, citing a flawed environmental impact report while simultaneously claiming it didn’t rely on that same report. The oyster farm is seeking an emergency injunction staying their eviction while it sues for a new hearing on the permit, saying the prior decision was based on a misinterpretation of science and law. The Ninth Circuit denied the injunction in a 2 to 1 decision, asserting the court has no jurisdiction to overrule an agency’s decision, even if the decision is based on misinterpretation of law. Judge Watford, an Obama appointee, dissented. Drake’s Bay is taking their case to the Supreme Court.
