Obama Will Appeal Judge's Ruling Against Drilling Moratorium

The Obama administration will appeal a ruling from a New Orleans' federal courthouse that its six-month moratorium on deep-water drilling is illegal.

"We will immediately appeal to the 5th circuit the president strongly believes as the Department of Interior and the Department of Justice argued yesterday that continuing to drill at these depths without knowing what happened does not make any sense and... potentially puts the safety of those on the rigs and the environment in the Gulf at a danger that the president does not believe we can afford right now," said spokesman Robert Gibbs during Tuesday's briefing.

The comment from Gibbs came just moments after a U.S. District Judge Martin Feldman ordered an end to the temporary halt in drilling, which had been put in place by the Obama administration order to conduct safety checks on other wells in the Gulf.

The initial lawsuit -- filed officially against the Department of Interior -- was shepherded by Louisiana-based firm Hornbeck Offshore Services LLC, with more than a dozen companies involved in offshore drilling operations joining the firm in protest of the moratorium.

Feldman ruled that the Interior Department had failed to provide adequate reasoning for the moratorium and was making too-broad an assertion in suggesting that the other wells might suffer from the same problems as the one operated by BP.

The administration's appeal of the ruling seems likely to ensure that the moratorium will stay in place for the time being -- so long as it requests a stay (which appears likely to happen). Indeed, it is not beyond the realm of reason that the appeals process could be dragged out at least until the administration is satisfied that the 33 wells where drilling has been put on halt, are sufficiently safe.

Comments

[DrBlunt]

04:31 AM on 06/24/2010

APPEAL! APPEAL! APPEAL!

[QuietLightTraveler]

09:18 PM on 06/23/2010

Another judge who can't think his way out of a paper bag. He claims the administration failed to give adequate reasoning for the moratorium. What does the judge want to see, the entire southern coast of the United States covered in crude ? Where do they find these people ??
Sorry, this judge is not qualified to judge an issue like this..

[kinogod]

01:06 PM on 06/23/2010

So a local judge is more powerful than the president of the united states? W the F knew?

[UNCLEJOE]

11:52 AM on 06/23/2010

REMEMBER APRIL THE TWENTIETH

The British Petroleum Conglomerate (BP) will be the straw that finally breaks the political existence of the Grand Oil Party (GOP).

I believe that this BP Oil Spill, as the truth evolves of the permanent damage to our Gulf, our environment and our economy is publicly known, will be the Cause Celebre for uniting the American citizens against the Grand Oil Party (GOP) that has become so obvious with Sen. Barton's Apology supporting the BP, that the Mid-Term Elections will give the Democratic Senate the 60 plus votes needed to end this Bi-Partisan (BP) crap that has been holding back our liberal/progressive agendas to end the Bush 'Stay the Course" to perdition Depression of 2008.

"Remember April the Twentieth" in the November Mid-Term elections should be our battle cry..

"REMEMBER APRIL THE TWENTIETH"

"REMEMBER APRIL THE TWENTIETH"

"REMEMBER APRIL THE TWENTIETH"

BTW this is my Birthdate.

[nooel]

01:05 PM on 06/23/2010

lol, i celebrate it every year dude don't worry i'll never forget

[mrJJ]

10:51 AM on 06/23/2010

BP wants Houston judge with oil ties to hear spill cases
Source: McClatchy news

MIAMI — Facing more than 100 lawsuits after its Gulf of Mexico oil spill killed 11 workers and threatened four coastal states, oil giant BP is asking the courts to place every pre-trial issue in the hands of a single federal judge in Houston.

That judge, U.S. District Judge Lynn Hughes, has traveled the world giving lectures on ethics for the American Association of Petroleum Geologists, a professional association and research group that works with BP and other oil companies. The organization pays his travel expenses.

Hughes has also collected royalties from several energy companies, including ConocoPhillips and Devon Energy, from investments in mineral rights, his financial disclosure forms show.
Hughes, appointed to the bench in 1985 by then-President Ronald Reagan, declined to comment for this report.

Legal experts say the request for a single judge, while not unprecedented, is unusual, and they surmise BP is seeking rulings from a judge well-versed in the company's issues.
Lawyers for BP referred questions to a spokesman, who did not return calls Wednesday.

Read more: http://www.mcclatchydc.com/2010/05/26/94887/bp-wants-houston-judge-with-oil.html

[Billyguitar]

11:10 AM on 06/23/2010

How can one judge handle all 100+ cases? Especially one with such conflicts of interest. Reagan appointed him, can't Obama fire him?

[SilenceDoGood1776]

10:19 AM on 06/23/2010

Hey, there was a car accident this morning. We better have a six month moratorium on driving.
This is over kill.
This will make us more dependent on foreign oil.
May if the president would stop playing golf and focus on the oil spill, suspend the Jones act and accept the help from the 13 countries that offered to aid in the clean up, things would not be this bad.

[Billyguitar]

10:28 AM on 06/23/2010

Only Mexico has offered free help. The other 20 or so offers demand reimbursement.

The oil in the gulf is sold on the open market so it is actually foreign oil.

Human safety is infinitely more important than money that could be made from the wells whose actual safety is unknown.

It seems Fox is doing their usual lousy job of informing it's viewers as to what is actually going on. So typical.

[SilenceDoGood1776]

11:25 AM on 06/23/2010

That can't be?! Our foreign relations are soooo much better under Obama.
I guess they figure Obama is bailing everyone else out, why not them.
BP would end up paying for this equipment any way so why refuse the help?

[theroguerepublic]

02:08 PM on 06/23/2010

"Human safety is infinitely more important than money that could be made from the wells whose actual safety is unknown."

I couldn't agree more. So I'm personally thinking the money that will be used for the appeal would be better spent enforcing the regulations already on the books for the building and maintaining of oil wells.

[PaganCanuck]

11:30 AM on 06/23/2010

The moratorium effects 33 wells, not the other 3500+ wells. This isn't a moratorium on ALL drilling no matter how many times people scream that it is.

All oil is refined and then purchased on the international market. Drilling off your coast doesn't change the fact that the USA still has to buy their oil from other sources.

[Bridgette Angelos]

10:08 AM on 06/23/2010

Am I missing something here? This moratorium effects 33 out of 3600 wells and there is a 100 million dollar fund set up by the president courtesy of bp to pay for lost wages until the 6 month ban is lifted, why does this judge need to block it besides for the obvious reasons? If this was in my backyard, I damn well would rather make sure the other 33 are safe.

[Justdontgetit]

05:00 PM on 06/23/2010

Cuz the judge owns stock in the company.

[HowMan18]

01:49 PM on 06/24/2010

If the judge owns stock in the company wouldn't it be to his advantage to continue the moratorium? I don't know, just asking.

"Legislators and revolutionaries who promise liberty and equality at the same time are either utopian dreamers or charlatans."
Johann Wolfgang von Goethe

[WWYTA]

09:33 AM on 06/23/2010

Glass houses and stones...

"BP and its employees have given more than $3.5 million to federal candidates over the past 20 years, with the largest chunk of their money going to Obama"

Read more: http://www.politico.com/news/stories/0510/36783.html#ixzz0rgOzwP32

[Billyguitar]

10:11 AM on 06/23/2010

They gave money to Obama at their own risk. He's not playing ball with them.

[ROR]

01:13 PM on 06/23/2010

So!!!!!

[ROR]

01:16 PM on 06/23/2010

Let me clarify......So is in response to WWYTA. I totally agree with Billyguitar!

[janedorothy4]

09:13 AM on 06/23/2010

Obama is sure he knows best how to run this country and to be challenged by some judge must really make him mad so of course he will appeal it. Obama likes the idea of printing and borrowing and then doling out money to those who deserve it according to his standards..If the moratorium is lifted people can make their own money and wont need government to take care of them anymore .

[Billyguitar]

10:17 AM on 06/23/2010

So the eleven dead men and the cause of their deaths doesn't matter, just money? The moratorium is to find the cause of the spill and inspect the other wells properly. We have no real idea of how safe they are.

[ROR]

01:18 PM on 06/23/2010

So...to hell with safety!!!! Is that what your'e saying!!!!

[dvtaz]

09:02 AM on 06/23/2010

The Obama administration will make sure this ruling by the New Orleans' federal courthouse is struck down no matter how many jobs are lost and businesses fail because of his moratorium on deep-water drilling.

[PaganCanuck]

09:06 AM on 06/23/2010

How many jobs are being lost or destroyed because of this disaster? Isn't preventing *another* disaster a more prudent move than worrying about a few jobs now?

Can't anyone think farther than 5 minutes in the future and 2 feet past their own noses??

[Billyguitar]

10:18 AM on 06/23/2010

How quickly the right forgot about the eleven dead men.

[lippylaroux]

11:11 AM on 06/23/2010

A few jobs? Try thousands... This is just another nail in the coffin for USA brought to you by Cloward Pivin and Obama and Soros.

[mark19992000]

08:55 AM on 06/23/2010

If obama's intent is to make sure these rigs are safe, then get them reinspected from top to bottom and get these people back to work. But that's not his intention. He wants to end deep water drilling in the Gulf even when he knows how devastating this will be to so many people. Many lost their jobs in the tourism and fishing industry - now thousands more will be lost because of this moratorium - done because of a report that was falsified. The economic damage Obama is doing is unforgivable.

[PaganCanuck]

08:59 AM on 06/23/2010

Shame on him for thinking about safety, the environment, and the *whole planet*. Just shameful.

[thepheonix]

08:55 AM on 06/23/2010

I read that the Feds have put a stop to the dredging operations also. Of course, the oil must get to the shore line and knock off the precious wildlife. The ends justify the means. Let the little sea creatures eat cake.

[Jim Shaffer]

08:00 AM on 06/23/2010

By the time they get the Deepwater Horizon disaster under control it won't matter what they do in the gulf cause there won't be anything there to protect. Just set up some barriers between Cancun and Key west and pump the oil right from the water. Might as well get used to it, they're going to do it regardless of what is good and convenient, regardless of the local economies, regardless of the environment, and of course regardless of what president Obama would like.

[Nickolette Sanello]

07:25 AM on 06/23/2010

Martin "Conflict of Interest" Feldman!!!! Should've been required to recuse himself..

[rblackbird]

06:52 AM on 06/23/2010

I was not surprised by the judge's decision. The first point the judge made is that Interior had falsely proclaimed the moratorium was supported by the several experts the Department had hired to come up with recommendations. The judge notes NONE of the experts supported the moratorium. They did not feel it was needed. Clearly, the judge felt Interior was trying to pull the wool over his eyes. The government had damaged its case before it even got to the courthouse.

The judge had good reason to reverse the order on the merits. The order was a slap-dash,panicked response to the BP spill. Salazar's order was devoid of any justification for its specific terms, i.e., for (1) halting drilling below 500 feet and (2) for six months. After six months had run out, then what? Two months of the six have now passed and Interior has not looked at the deep-water rigs, while substantial damage has befallen thousands of workers. The Department ignored the harm its order would cause. It also failed to take into consideration each company's record for safety, its drilling practices and the maintenance and condition of its equipment. It also failed to implement the experts' safety recommendations. Basically, these are the things the judge told Interior it should do.

Now Interior is planning a new order which should closely follow the judge's ruling.

[sara2101]

09:26 AM on 06/23/2010

Bad month for Obama. Lets see in the ass kicking department:
1) Oil spill still kicking Obamas ass
2) Judge overrules oil drilling moratorium, another strong kick to Obamas ass
3) McChrystal speaks truth and exposed Obama as incompentent…severe ass whipping
4) Unemployment still at 10%, economy still continues to kick his ass

[Billyguitar]

10:15 AM on 06/23/2010

1) Can you stop the oil?
2) The judge will not prevail, you know that.
3) Mc speaks what he thinks is the truth and now may be court martialed. He could lose his rank and pension. That's a win for him?
4) If the administration had done nothing about the crashing economy, as many on the right suggested, where would unemployment be now 50% or more?