Passions run high when it comes to the future of Drakes Bay Oyster Co. The case over the government’s decision to shut it down has been aggressively litigated and drawn national media attention.
So it seemed only fitting Tuesday when Drakes Bay Oyster Co. v. Jewell produced two contentious opinions from the Ninth Circuit. Majority author M. Margaret McKeown, siding with the government, traded jabs with dissenting Judge Paul Watford, who called the government’s decision arbitrary and capricious.
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