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Case Summary Citation

Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073 (9th Cir. 2013), cert. denied, 134 S.Ct. 2877 (Mem)

Abstract

In Drakes Bay the United States Court of Appeals, Ninth Circuit ruled that language within appropriations legislation aimed specifically at the expiration of the Drakes Bay Oyster Company’s Reservation of Use and Occupancy within Point Reyes National Seashore provided the Secretary of the Interior discretion whether to issue a new special use permit for oyster farming. The inclusion of the term “notwithstanding” ensured that the Secretary was not obligated to consider previously passed legislation, department policy, or any other requirements in reviewing whether to reauthorize the special use permit. The Ninth Circuit held that they had jurisdiction to review the narrow issue of whether the Secretary misinterpreted granted authority.

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