Victory: Court Overturns CCC Orders

 

Drakes Bay Oyster Farm was vindicated today in its fight against unjust enforcement orders imposed last year by the California Coastal Commission.

The Marin County Superior Court has overturned those orders in every significant respect, finding that the Commission’s unfair process was an abuse of discretion and a violation of environmental law.

The enforcement orders were based on false allegations for which there was no evidence. Before a hearing last February, expert evidence disproving the allegations was provided by the Lunnys, but the Commission voted to exclude all the evidence the Lunnys presented in their own defense.

“This is a good day for California,” said Phyllis Faber, a Marin County environmental activist and biologist who was a founding member of the Commission. “The Coastal Commission had seriously abused its power. It was necessary to hold them accountable.”

Drakes Bay’s lawsuit against the Coastal Commission is separate from its suit against the National Park Service, which is currently pending at the U.S. Supreme Court.

The Coastal Commission’s attempts to railroad the Lunnys are reported here and here.

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