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Tuesday, June 22, 2010

Gulf Oil Spill Moratorium Decision - Government "Misleading"

Here is a full copy of Judge Martin L.C. Feldman granting a preliminary injunction preventing the implementation of the Obama administration's 6-month drilling moratorium. The actual Order is here.

The key finding (at p. 3) was that the government was misleading in claiming that all experts agreed that the moratorium was necessary (emphasis mine):
Much to the government’s discomfort and this Court’s uneasiness, the Summary also states that “the recommendations contained in this report have been peer-reviewed by seven experts identified by the National Academy of Engineering.” As the plaintiffs, and the experts themselves, pointedly observe, this statement was misleading. The experts charge it was a “misrepresentation.” It was factually incorrect. Although the experts agreed with the safety recommendations contained in the body of the main Report, five of the National Academy experts and three of the other experts have publicly stated that they “do not agree with the six month blanket moratorium” on floating drilling. They envisioned a more limited kind of moratorium, but a blanket moratorium was added after their final review, they complain, and was never agreed to by them.

Gulf Oil Spill; Drilling Moratorium Decision (Hornbeck v. Salazar CA 10-1663)

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  1. Sounds to me like arguing about the size of the icebergs on the Titanic....

    "Only after the last tree has been cut down. Only after the last river has been poisoned. Only after the last fish has been caught. Only then will you find that money cannot be eaten."
    -- Cree Indian Prophecy

  2. Andrea

    Just how big were the "icebergs on the Titanic?"

    Anyway, i agree. We should not do drilling in deep water. We should do this in shallow water and on land. And don't you liberals ever tell me again we can't drill in ANWR.


    I read the decision this afternoon. i think there is about zero chance the fifth circuit will over turn the Dist. Court, and about 70% chance the Supremes will uphold it.

  3. http://hindenblog1.blogspot.com/2010/06/burn-was-today-dawning-of-day-of-court.html

    Was this the dawn of The Day Of The Courts?

  4. Here is the question I ask-


    You are more worldly than I William, but as a street cop seeing this as what it is, a street fight, I have no confidence in our courts being able to stand up to the pressure. Why?

    "Here’s the problem in my eyes. The weakest branch of the government is the judicial. Why? Simple. They control no money and they have no physical forces available to enforce their rulings. They can order a branch of government to fund a project, but if that other branch says no, what can they do about it? Pout? If they want to protect something and the executive branch refuses to deploy their agents is Judge Roberts going to get off the bench, strap on a .45 Colt and do the protection himself? Not hardly."

    What do you think?