Point Reyes

First off, apologies to anyone who is reading for not posting in a long time. I've been busy with a number of personal projects and other issues. It's summer now and I'm going to be making a concerted effort to do more posting more regularly.

One of the things I've been working on is some pro bono work for an environmental non profit called the Environmental Action Committee of West Marin on the Point Reyes National Seashore potential wilderness issue. Essentially the issue is this: when the park was created there was an oyster farm operating in Drake's Bay, within the boundary of the park with a lease set to expire in 2012. The enabling legislation for the National Seashore was accompanied by a committee report indicating that all commercial activity in the bay should eventually come to an end. The owners of the reservation for use and occupancy (RUO) sold their lease to the Drake's Bay Oyster Company (which knew full well of the limitations and timeline for termination). Upon the cessation of oyster farming and removal of commercial equipment, this part of the park would become officially designated wilderness (as legislatively determined). However, the DBOC successfully lobbied Sen. Diane Feinstein ("D"-CA and friend to corporate interests of all types) to insert a rider into an appropriations bill granting the Secretary of the Interior the discretion to issue a ten year extension (called a special use permit) of the lease. For more detail on the history of this issue, see the NPS' background page or the EACMarin website.

Under federal law, whenever an agency takes an action that might have environmental effects, it must complete an environmental impact statement (EAS) in fulfillment of its duties under the National Environmental Policy Act (NEPA).* NEPA, however, is merely a procedural statute; it does not determine outcome. The important thing is that the process is done properly and with a full review of relevant facts and meaningful input and feedback from the public. Once the EIS is complete, the Secretary can issue a decision.

What I have been doing is providing background and assistance on NEPA and challenges to a decision made under NEPA as well as providing my opinion on various aspects of the public comment process that goes into developing the EIS. The comment period has closed, now is the time to wait for the agency's decision, continue to pressure it in appropriate ways, and prepare for potential legal challenges to the outcome (there will certainly be a legal challenge either way but because of the deference courts generally give to agencies, especially regarding scientific findings in areas of agency expertise, the agency action will likely be upheld). Still, I will update once there is a resolution.


*This is, of course, an oversimplification. There are different levels of review and different types of findings, but the need for an EIS is the only relevant issue here.