12/14/13 Update: Please let me know as soon as possible if you and/ or Amy can come on the show this Saturday, or I will have to schedule another guest. As I look back through the thread of this email exchange, I see that there is, in fact, an email for Amy – so I will send her a copy to invite her directly onto the show as well as you. George
Hello, Joe. I have no email address for Amy Trainer, so I am inviting you & she – or anyone else on the environmental action committee – to be on this Saturday’s show. There is an old saying in law that if you have a witness who has not been cross examined, you have no witness. Please do not interpret every non softball question as taking sides. You started this exchange with the impolite statement: “I thought you might be interested in this article. Amazing you call yourself “alternative” radio and support such a massively profitable operation. I’m guessing that you’re alternative but in the extreme right. You, Rush and Bill O’Reilly should be proud to support such destruction.”
This is precisely the type of non scientific, polarized tactic that George Bush used to launch wars based upon a pack of lies when he said, “Either you’re with us – or you’re with the Terrorists”.
Can you, Amy, or anyone else provide scientific data which contradicts Dr. Corey Goodman’s statements that the 300,000+ pictures taken by the NPS showed no disturbance of the harbor seals by the DBOC, that there is – in fact – evidence that oysters were in Drakes Bay when all the shell middens are taken into account, and that the waters in Drake’s Bay are some of the cleanest in the whole Point Reyes area? In addition, can you provide any scientific data which proves that the waters of Drake’s Bay are less nutrient dense than other areas of Point Reyes, & that this is directly attributable to the Drake’s Bay Oyster Farm? George
Talk Show Host George Whitehurst Berry is now bearing the brunt of silly & childish Ad Hominem attacks for believing in Freedom of Speech. After interviewing Joe Mueller – a Marine Biologist at the College of Marin – twice, Dr. Corey Goodman was provided air time to present scientific evidence to rebut Joe Mueller’s statements. Joe Mueller was invited – on this and on multiple occasions thereafter – to come back on the Sedona Dreams show and have a Point-Counterpoint discussion with Dr. Goodman – and present any scientific evidence that could contradict any statement made by Dr. Goodman. Thus far, Joe Mueller has failed to do so:
Joe Mueller, professor of marine biology at Marin College, was again invited to appear on the Sedona Dreams show to present any scientific data which attempts to rebut or disprove any statements made by Dr. Corey Goodman about the the Drake’s Bay Oyster Farm, the ecology of Drake’s Bay, & the distortion, manipulation, & fabrication of data by the National Park Service: http://www.ptreyeslight.com/article/fear-facts
Joe Mueller (above) was again conspicuously absent. The Emperor has no clothes!
Dr. Corey Goodman:
George Whitehurst Berry interviews Dr. Corey Goodman on the Sedona Dreams show 12/07/13:
Organic Locavore Kevin Lunny discusses his fight to save the historic Drake’s Bay Oyster Farm (Here).
Interview on the Sedona Dreams show 10/05/13:
Organic Locavore Kevin Lunny discusses his many awards and recognition for environmental stewardship, and how this recognition was later CENSORED in the Witch Hunt to destroy the Drake’s Bay Oyster Farm. The interview begins in the second hour, after Frances Newton:
Joe Mueller, Marine Biologist at Marin College, says that the idea that shutting down the family-owned Drake’s Bay Oyster Farm will add nitrogen to the environment is “pure hokum” - and that the Drake’s Bay Oyster Farm’s oysters provide ZERO benefits to the environment. He also says there never were many oysters in Drake’s Bay in times past. (Mueller’s claim that there never were many oysters in Drake’s Bay is directly contradicted by the scientific evidence of Dr. Corey Goodman):
Mueller accuses Organic Locavore Kevin Lunny of using creosote (not found) and farming “invasive” Manila Clams (Manila Clams, although not native, are NOT classified as “invasive”).:
George Whitehurst Berry again interviews Joe Mueller on the Sedona Dreams show on 10/12/13:
If the NPS has such a strong case, why are they resorting to pseudoscience?: (Here)
Why are they portraying these people as destroyers of the environment?: (Here)
In a rational, thoroughly professional and thoroughly researched step by step scientific approach, Dr. Corey Goodman dismantled the cease and desist order - & NPS claims that few oysters ever existed in the Drake’s Bay area – claims which were sent to Sedona Dreams by Professor of Marine Biology at Marin College Joe Mueller.
George Whitehurst Berry interviewed Joe Mueller on the Financial News Network Show on 10/11/13:
Joe Mueller, Marine Biologist at Marin College, said that the idea that shutting down the family-owned Drake’s Bay Oyster Farm will add nitrogen to the environment is “pure hokum” - and that the Drake’s Bay Oyster Farm’s oysters provide ZERO benefits to the environment. He also said there never were many oysters in Drake’s Bay in times past.:
George Whitehurst Berry also interviewed Joe Mueller the following evening on the Sedona Dreams show on 10/12/13:
The following evening, George Whitehurst Berry again interviewed Joe Mueller on the Sedona Dreams show on 10/12/13, where Mueller defended the NPS position that the family-owned Drake’s Bay Oyster Farm must be destroyed. Mueller again accused Organic Locavore Kevin Lunny of harming the environment with creosote and “invasive” Manila Clams:
George Whitehurst Berry interviewed Judith Jubb in the first hour of the Sedona Dreams show on 10/19/13.
George interviewed Dr. Corey Goodman in the second hour:
Dr. Goodmanrevealed ashocking pattern of Government Lies, Distortions and Fabrications in the cease and desist order & NPS claims, andprovided scientific evidence directly contradicting Joe Mueller’s claims. :
Joe Mueller was conspicuously absent when invited by Sedona Dreams to debate Dr. Goodman on 10/19/13.
EXCERPTS FROM THE DBOC BRIEF TO THE NINTH CIRCUIT (Rehearing Petition)
First Paragraph of DBOC Brief
“Before it became obsessed with destroying the only oyster farm in Point Reyes National Seashore, the National Park Service had for many decades supported the oyster farm, as did local environmental groups and the community at large. The oyster farm and the surrounding cattle ranches provide the agricultural heritage the Seashore was created to protect. When Congress was considering legislation that became the 1976 Point Reyes Wilderness Act (“1976 Act”), wilderness proponents “stressed a common theme: that the oyster farm was a beneficial pre-existing use that should be allowed to continue notwithstanding the area’s designation as wilderness.” (Op. 40 (Watford, J., dissenting).) To this day, modern environmentalists and proponents of sustainable agriculture praise Drakes Bay as a superb example of how people can produce high-quality food in harmony with the environment.”
Park Service Sustained Vendetta Against Drakes Bay
“Since 2005, for reasons that remain a mystery, the Park Service has changed position and sustained a vendetta against the oyster farm. The Park Service has been reprimanded by the National Academy of Sciences, which in 2009 found that the Park Service had “selectively presented, over-interpreted, and misrepresented the available scientific information”, and by the Solicitor’s Office of the Department of the Interior, which in 2011 found “bias” and “misconduct” in the evaluation of harbor-seal data.”
Footnote # 6 (Excerpt) – Secretary Salazar Admitted – DBOC Not Told Farm to Shut Down, Renewal Clause Not to be Honored
“Although, as the Secretary recognized, Drakes Bay received the Park Service’s legal analysis only after it purchased the oyster farm (ER 120, see ER 180, ¶64), the majority mistakenly asserted that “Drakes Bay purchased the oyster farm with full disclosure” and that “the only reasonable expectation Drakes Bay could have had at the outset was that such a closure was very likely”. (Op. 36-37.) This mistake controlled the majority’s review of the equities.”
Park Service Reprimanded by the National Academy of Sciences and the Department of the Interior’s Office of the Solicitor
“Here a federal agency has behaved so badly that it has been reprimanded by the National Academy of Sciences and the Solicitor’s Office for misconduct, and by Congress for misinterpreting the law. Despite these reprimands, the agency continued to make false scientific statements and insist on the very misinterpretation Congress overrode. Courts should provide a remedy whenever an agency bases its action on false statements and acts in disobedience of a Congressional directive. And yet the majority held that courts lack jurisdiction to determine whether this type of agency action was arbitrary, capricious, or an abuse of discretion. This holding is wrong. Congress could not have intended to allow an agency to disobey a statute, or to base permit decisions on false statements, and yet be immune from judicial review. Nor could Congress have intended that a court would have jurisdiction to review an agency’s discretionary decision for everything except abuse of discretion. En banc rehearing is needed.”
Park Service Misconduct Raises Significant Legal Principle – Is the Park Service Above the Law and Beyond Accountability?
“The decision could potentially prohibit courts from considering whether agencies were arbitrary and capricious or abused their discretion in countless decisions granting or denying ordinary permits.”
“Kevin Lunny, the oysterman in question, grew up on Point Reyes, the grandson of a rancher. He stuck with the family business, and when the food movement boomed he was well-suited and well-situated for the times. His livestock were the first certified-organic beef cattle in Marin County, and today you can buy Lunny Ranch grass-fed, organic beef in the area’s Whole Foods markets. He sits on the board of the local organic-producers’ association, earned an award from the Society of Rangeland Management for best practices in California, and, in 2004, with an eye on expanding the family business for his children and grandchildren, bought the oyster farm from an aging neighbor.” : (Here)
“… removing ranchers and all grazing farm animals from the Channel Islands to return the islands to wilderness,… has caused non-native species to overgrow the native, with chest high non-native fennel … ”
About Drakes Bay Oyster Company
Oyster farming in Drakes Estero, located in Point Reyes, Marin County, has been part of the region’s history for nearly 100 years. The Lunnys, a fourth-generation ranching family, purchased Drakes Bay in 2004 to revive a historical part of the local community and ensure the continued environmental health of Drakes Estero. Drakes Bay currently employs nearly 30 community members, and farms sustainably in Drakes Estero, producing approximately one-third of all oysters in California: (Here)
THE ROLE OF SHELLFISH IN DRAKES BAY
“Clean water has been called the lifeblood of the shellfish industry. Perhaps less well known is the critical role that shellfish play in keeping clean the very waters in which they live. Shellfish perform functions in the coastal ecosystem similar to the role that kidneys play helping to filter and regulate the flow of blood in the human body” : (Here)
Science shows oyster farm doesn’t harm the estero’s ecology
“JOE MUELLER’S July 31 Marin Voice column (“Doing what’s right for the ecology”) is surprisingly devoid of facts. Almost everything in his column is contradicted by the scientific literature on Drakes Estero. Mueller says oysters rob nutrients from marine wildlife. But a series of studies from UC Davis found just the opposite — marine invertebrates and fish are thriving in Drakes Estero.” : (Here)
A comprehensive Complaint detailing serial scientific misconduct was filed on 3/4/2013 with Dr. John Holdren, the President’s Science Advisor (and architect of President Obama’s Scientific Integrity Policy). The 150+ page Complaint addresses an “Enterprise of Misconduct” at three Federal agencies — the National Park Service (NPS), the US Geological Survey (USGS) and the Marine Mammal Commission (MMC) : (Here)