United States Ninth Circuit

The district court's order denying plaintiff a preliminary injunction challenging the Secretary of the Interior’s discretionary decision to let plaintiff's permit for commercial oyster farming at Point Reyes National Seashore expire on its own terms is affirmed, where: 1) there is jurisdiction to review whether the Secretary violated any legal mandate contained in the Department of the Interior Appropriations Act or elsewhere, but the Court lacks jurisdiction to review the Secretary's ultimate discretionary decision whether to issue a new permit; 2) plaintiff was not likely to succeed in proving that the Secretary violated constitutional, statutory, regulatory, or other legal mandates or restrictions; and 3) plaintiff was not entitled to a preliminary injunction not only because it failed to raise a serious question about the Secretary's decision, but also because it had not shown that the balance of equities weighed in its favor.

Appellate Information

• Decided 09/03/2013
• Published 09/03/2013

Judges

Court

• United States Ninth Circuit

Counsel