In a 2-1 decision (en banc next?) in a case we’ve been following with some interest in which a Marin County oyster farming operation in the National Seashore sued the Interior Department for its decision to not renew the farm’s permit, in this opinion, a Ninth Circuit panel held that courts have jurisdiction only to review the limited question of whether the Department understood its authority to renew or not renew the permit. The majority held that the statute pretty much gives the Department total discretion whether or not to do so, and thus the courts could not review its decision that wilderness legislation prohibited any extension of the permit.
In the majority’s words, “[t]he choice was the Secretary’s to make.” Slip op. at 27 (footnote omitted).
The panel held that the farm was unlikely to prevail on the merits, and thus affirmed the District Court’s refusal to issue an injunction.
More here from the San Francisco Chronicle.
Drakes Bay Oyster Co. v. Jewell, No. 13-15227 (9th Cir. Sep. 3, 2013)