Judge Martin Feldman: Oil Drilling Safety Rules Improperly Issued By Interior Department After Gulf Spill

NEW ORLEANS — A federal judge has ruled that the Interior Department improperly issued new safety rules after it imposed a moratorium on deep water drilling in the aftermath of the Gulf oil spill.

Tuesday's ruling by U.S. District Judge Martin Feldman says the rules imposed in a June 8 notice to offshore operators can't be enforced because the government issued them without soliciting public comment.

Last month, the Interior Department announced it was replacing the June 8 safety rules with new guidelines.

Feldman struck down the Interior Department's first moratorium on deep water drilling in June, but he hasn't decided whether officials were justified in imposing a second moratorium on July 12.

The Obama administration lifted the second ban earlier this month.

Comments

[Didderbops]

06:12 PM on 11/08/2010

What a d-bag.

[TruthandHonor]

08:35 PM on 11/05/2010

This judge could have motivated Ghandi to violence.

[farmilyman]

06:13 PM on 10/24/2010

Why is this judge even involved in the first place?

[Red45]

03:17 PM on 10/24/2010

Something tells me this "judge" was appointed by the bush administration. What a creep and what a totally unacceptable bias this man has. He doesn't deserve to be a judge.

[Edward Standley]

09:52 PM on 10/23/2010

Regan appointee. Class of '83.

[vetxcl]

04:42 PM on 10/23/2010

he's not concerned about the future. looks like he could kick the bucket at any minute. he's laughing all the way to the bank.

[anastomosis]

05:09 AM on 10/23/2010

Judge Feldman's ruling cannot be enforced as he did not solicit public contempt, I mean comment.
But he could tell us what a well oiled wallet looks like.

[Jim Krow]

11:16 AM on 10/22/2010

Louisiana is a banana republic owned by Big Oil.

[rtgmath]

10:39 PM on 10/21/2010

If I remember correctly, this judge has -- or had significant financial ties to the oil industry. Reportedly, he had the investments sold. While several judges have recused themselves because of such financial ties, this judge has not, saying that requests for him to recuse himself are without merit.

I wouldn't be surprised if very significant financial investments in oil and gas industries are found in his name later.

That said, the government could reissue the rules under an emergency status, and then hold the requisite comment period for having the rules permanently. Or else, the ban on drilling -- and a ban on other operations covered under the new safety rules could be put in place until the comment period is over.

OR, since the industry doesn't seem to want the new rules, the appropriate regulatory agencies could institute a significant slowdown on project approvals, particularly on those projects where there is no voluntary commitment to expanded safety in their operations. The judge cannot force the regulatory agencies to maintain approval rates, and if inspections increased exponentially as balking occurred, the federal government would be within their rights.

The judge is enjoying considerable fame with the oil and gas industry. There might be some concerns about bribery. After all, the Minerals Management Service was literally found in bed with the oil and gas industries. It is not unthinkable that a judge is as well.

[BeauRadley]

04:29 AM on 10/22/2010

You remember correctly--he has and had ties to the oid industry and should have recused himself rorm both these decisions.

[The last sane American]

06:30 PM on 10/22/2010

Sadly for your information, any judge would have ruled this way. The Administration sidestepped its own regulations to impose the new rules WITHOUT any comment period or EIS.

[Edward Standley]

09:56 PM on 10/23/2010

He also dismissed a RICO case brought by condo owners against their developer after hurricane Katrina,. The developer was charged with stealing $ assessed the condo association for repairs. The money was paid to the developer, the repairs never done.

[rosiebond007]

09:56 PM on 10/21/2010

How can a Judge of what you would guess, decent intelligence, flip-flop on such a scenario.

He is either one thing or another but to completely change sides demands an answer - where is your conscience, where are your thoughts on safety, what about the environment ...

Maybe this Judge is not as bright as he would have us believe !

[sjcarl]

09:07 PM on 10/21/2010

Why does he keep getting these cases to judge?

[mackiemary]

09:05 PM on 10/21/2010

Another conservative activist dirt bag in a black robe.

[rosiebond007]

09:57 PM on 10/21/2010

There are too many around.... Obama should get busy and remove a few of them.

[conservicide]

02:25 AM on 10/22/2010

EXACTLY

[topguide]

08:56 PM on 10/21/2010

I wonder if he owns shares in these oil and gas corporations or goes to the same country clubs as the big oil CEO's. If someone dies because of rulings from this "judge", he must be removed. Republican corporatist judges are destroying what America stands for. The ones in the supreme court went as far as allowing foreign corporations to influence domestic politics.

[rosiebond007]

09:58 PM on 10/21/2010

It's time we impeached these faux judiciaries.

[Genders]

04:54 PM on 10/24/2010

Get the FBI on this guy, this is so blatant...

[wlkcrk]

08:36 PM on 10/21/2010

See, it pays to have a judge in your pocket.

[gnomic]

08:35 PM on 10/21/2010

No problem. Put the moratorium back in and post the rules for public comment for the longest possible period. Then get up and tell everyone that the judge has spoken and the administration will follow every last possible rule to the letter.