Judge blocks offshore moratorium

[sabra]

Source: MSNBC

Mark Murray writes: The AP with the breaking news:

Judge blocks offshore drilling moratorium imposed by Obama administration after Gulf spill.

Developing....

Read more: http://firstread.msnbc.msn.com/_news/2010/06/22/4544829-judge-blocks-offshore-moratorium

---

more:

http://www.msnbc.msn.com/id/37841204/ns/disaster_in_the_gulf/?from=ET

Obama ban on deepwater drilling overturned
Judge sides with industry, which opposed six-month moratorium


NEW ORLEANS -

A judge on Tuesday ruled against President Barack Obama's six-month moratorium on new deepwater drilling.

U.S. Judge Martin Feldman sided with the oil industry plaintiffs.

During a two-hour hearing Monday, plaintiffs' attorney Carl Rosenblum had argued that the six-month suspension could prove more economically devastating than the spill itself.

"This is an unprecedented industrywide shutdown. Never before has the government done this," Rosenblum said.

Earlier Tuesday, the owner of the rig that exploded, causing the spill, criticized the moratorium.

"There are things the administration could implement today that would allow the industry to go back to work tomorrow without an arbitrary six-month time limit," Transocean Ltd. president and CEO Steven Newman told reporters on the sidelines of the World National Oil Companies Congress gathering in London.

[bluestateguy]

1. Activist judge legislating from the bench

nt

[Paranoid Pessimist]

58. Right on. Activist judges legislating from the bench is bad except

when it's done to prevent something progressive from happening. Then it's OK. It's like free speech. Free speech is fine when I feel like saying something but should be banned if it means I have to hear something I don't like hearing.

[mikelgb]

2. Supreme 5 are oiling their wigs

[xultar]

23. +1 My day couldn't get any worse.

[tridim]

3. So this means the Republicans (Jindal) will own the next blow out.

Congratulations, your BP gods are so proud.

[AndyA]

8. This is what the Democrats need to hang around the necks of the GOP.

It's your mess, you created it by lack of oversight, no inspections, cronyism, and corruption. This mess belongs to the Republican Party.

Obama needs to fight this and be tough. Make the super secret Bush Energy Policy public. I'll bet there's enough in that document to create a call for justice.

[wordpix]

9. I imagine it WILL be appealed ---bring case to DC! We have some real judges here

[tridim]

11. But the Repukes will still own it even if overturned.

We now know exactly who they ALL stand with, and it isn't the people.

[wordpix]

33. +1, they own it all right and Dems need to stand up to them.

[howmad1]

35. If only the democrats can find BP's check to judge Feldman.

[LaurenG]

4. Nevermind it was clarified elsewhere.

[guitar man]

5. grr

damn activist left win ...oh wait :eyes: :grr:

[truebrit71]

6. Judge says "screw the gulf, drill baby drill"

Source: msnbc.com/Reuters

http://www.msnbc.msn.com/id/37841204/ns/disaster_in_the_gulf/?from=ET

---

Just breaking now..Judge overturns Obama's deep-water drilling moratorium..apparently he doesn't watch the telly or keep up with current events..

Updated the link

[wordpix]

7. hope next blowout covers home of this f----king judge

:grr:

[hedgehog]

12. Kick for maximum outrage!

First McChrystal, now this. What's today's 3rd story going to be?

[daggahead]

10. Judge Martin Feldman?

[Joanie Baloney]

25. Too funny!

GMTA!! (see below)

[h9socialist]

46. What hump??????

[Ava83]

13. How does one go about

finding out who donated to campaigns? I will go and try and figure it..but if there is a quick answer that would be great.

This is unbelievable and totally believable at the same time.

[Hosnon]

14. He's a federal judge so he doesn't campaign (anymore). nt.

[Ava83]

16. Thank you

I saw that (just now)

http://judgepedia.org/index.php/Martin_Feldman

[Hosnon]

22. I found him at that website as well. I've never seen it before - could be interesting.

I might make some pages for the federal judges I deal with on a regular basis. :evilgrin:

I'm sure his financial reports would be just as illuminating.

[Ava83]

31. I know!

I bet they would...interesting reading indeed

[MBS]

15. Outrageous!

:grr:

[struggle4progress]

17. He's a Reagan appointee

http://www.charlierose.com/guest/view/870

[h9socialist]

47. It figures!

That old fart still haunts us!!!!

[OwnedByFerrets]

18. Is anyone surprised? Big Oil always wins.

[seafan]

28. Just like Big Pharma and Big Health Insurance and Big Finance. n/t

[nykym]

19. Fine

No more waivers, strict enforcement of regulations, violators prosecuted etc. You wanna play then do it by the rules or we will shut you down.

[Andy823]

27. What I read earlier

Is that there is a different valve that BP did NOT use the was much safer, one that other countries "DEMAND" be used when oil companies drill of their coast. It cost more money, but is much safer, according to what I heard earlier. Cheney made sure that they did NOT have to use this valve when he had his secret meetings and came up with his "energy" plan! The government needs to make it "MANDATORY" that they use the same valve other countries make the oil companies use, and get very tough on safety regulations, and inspections to make sure the oil companies are doing all they can. They also need to get very tough on FINES! Increase fines for violations, and make them pay NOW, no waiting or letting them off the hook! The president can get very tough on these companies, and he really needs to do so!

[lark]

44. Corrrectomundo

There's an "acoustic blowout preventer" that is a required backup to the regular BOP in other countries. Bush/cheney and their hand picked RW MMS said they aren't needed because regular blowout preventers work so well.

Besides requiring that all rigs have these installed, in Europe the oil companies also have to have relief wells drilled right along side the regular well.

Obama also stocked his commission with oil men, so don't hold your breath for good safety measures coming from there either.

[LiberalFighter]

20. Private practice, New Orleans, Louisana 1959-1983

Appointed by Ronald Reagan in 1983

I'm going to go out on a limb and strongly suggest that Feldman has serious conflicts of interest with the wrong people.

[doc03]

21. Why the moratorium? Don't they know what safety measures

were lacking on the BP well. Why punish all the other workers and companies because BP screwed up, don't we have enough unemployment yet. Make them have the acoustic valve on the well and a relief well drilled at the same if that is needed, don't shut down the whole industry. If this moratorium isn't lifted gas will probably go to $4.00 a gallon.

[Hosnon]

29. I tend to agree. The moratorium might have been a stronger response than was necessary.

Perhaps the Administration should just require drillers to be shadowed by regulators 24 hours a day - out of their own pocket.

[wordpix]

32. Most offshore rigs are foreign, not inspected in US & MODUs aren't even counted. Article:

Foreign Rigs, Tax Evasion Dominate Gulf Coast Drilling

House Committee Wants to Americanize Offshore Fleet

by Betsy Glassman
June 18, 2010 ©Words & Pictures Communications

BP’s oil spew and foreign vessel operations on the outer continental shelf (OCS) were the focus of a June 17 hearing held by the Coast Guard Subcommittee of the House Committee on Transportation, which found that foreign rigs dominate drilling in the Gulf of Mexico, creating tax evasion and safety inspection problems.

The Deepwater Horizon exploratory rig that exploded April 20, killing eleven and smothering the Gulf of Mexico in oil, was a foreign mobile offshore drilling unit (MODU) built in Korea, registered in the Marshall Islands and owned by Transocean, Ltd., a company incorporated in Switzerland, “it’s assumed to avoid US tax,” said Subcommittee Chair Elijah Cummings (D-MD). Transocean’s tax in Switzerland is 16 percent, compared to 35% in the US.

Chairman Cummings stunned with his opening statement: “The Coast Guard can’t say” how many foreign-flagged MODUs are operating on the OCS because “they are not required to announce their arrival.” Devising a rule for such announcement began in 2006 but “it’s not done,” which is “tragically unacceptable,” he added.

Rep. Frank LoBiondo (R-NJ) said the number of vessels operating under the US flag has plummeted and many are now operating “under flags of convenience…We don’t know what vessels are in US waters or what they’re doing.”

All foreign-flagged vessels must comply with the laws of their respective nations and the US concerning safety inspections, but Transportation Chairman James Oberstar (D-MN) noted, “Some have low standards… Who verifies the Marshall Islands is doing proper inspections?” He referenced a dispute between BP and Transocean regarding maintenance of the Deepwater Horizon, and asked if the Coast Guard has the capability to take over inspections from the Minerals Management Service (MMS).

The MMS is charged with drilling inspections and according to Mary Kendall, Inspector General for the Department of the Interior, there are currently only 50 inspectors for 4000 rigs operating in the Gulf. Speaking before the House Natural Resources Committee at a separate hearing the same day, she reported “a dearth of regulations” for MMS inspections with “little direction regarding what and how to inspect.”

The Coast Guard is responsible for ensuring all other regulations are met by both US and foreign vessels. Rep. Don Young, (R-AK) lamented, “We’ve neglected the Coast Guard all these years. We ask them to do missions like taking on oil spill responsibility without providing the money.” Chairman Cummings said he is working with the Obama Administration to restore cuts to the Coast Guard immediately.

Foreign-flagged vessels including MODUs can operate on the OCS only with a Coast Guard Certificate of Compliance, which requires an annual security and safety examination. Referring to “bribery in third world countries,” Rep. Gene Taylor (D-MS) questioned whether a piece of paper stating a foreign-flagged vessel meets all regulations is adequate. He admonished witness Admiral Kevin Cook of the Coast Guard, “You don’t know who inspected …it could be no one.”

Cook responded that the Coast Guard inspects documents of all foreign vessels “to the extent we can verify” but admitted, “We weren’t there” for hands-on inspections in foreign countries.

The subcommittee appeared in bipartisan agreement about the need to tighten restrictions on foreign vessels and “Americanize” the OCS fleet. Mr. Young bemoaned the fact that, “Most deepwater rigs are not American.” Chairman Oberstar declared, “We need to Americanize the vessels operating in the US Economic Zone.” Witness David Matsuda, the Department of Transportation’s Acting Maritime Administrator, said that increasing the number of US-flagged vessels “would spur US shipbuilding.” Mr. Young referred to the Jones Act, which restricts foreign vessels from transporting cargo between points in the US, including on the OCS. He reported that many non-US vessels go ashore for supplies, a violation of the act: “The Jones Act is not being enforced and we’re chipping away at the American fleet.” Mr. Young recommended to Adm. Cook that he come up with a specific rule so that “a foreign vessel is out if a US vessel is available.”

OCS regulations require employers of vessels to hire US citizens or resident aliens, but exemptions are allowed if employers can demonstrate an insufficient number of US “qualified and available” personnel. Mr. Cummings stated that more than 6700 foreign workers now man crews under exemptions, representing nearly 10% of vessel workers. He said he could not believe there were not enough American workers to fill those positions.

Congressmen also questioned skimming operations, the number of American vs. foreign vessels available for cleanup and how regulations such as the Jones Act can ensure that US-flagged vessels get most of the work. Mr. LoBiongo said he’s received reports that US vessels were offering to help but were being turned down. Adm. Cook responded he did not know of such cases.

Rep. Corrine Brown (D-Fl), in contrast, called for large skimmers to protect her state and she didn’t care where they came from. She thought one was in Norway. “I want the big one,” she stated emphatically, holding up a printed photo of a large vessel. “How do I get it---the big one?”

[Tx4obama]

38. The moratorium is only on 33 wells. That's a small drop in the bucket. n/t

[doc03]

42. How many people are employed on those drilling rigs

BP now admits they are leaking as much as 100,000 barrels of oil a day from one well. If you multiply that by 33 that is a potential 3,300,000 barrels or 138,600,000 gallons a day. Those 33 wells could possibly bring in over $11 B in revenues a day that is some real money even in DC. That would pay a lot of local workers wages. You don't put thousands of workers out of a job while some commission studies it. Put the safety measures needed into effect and chop heads in MM and make them enforce the rules. This moratorium will only accomplish one thing give the oil companies an excuse to raise gasoline prices and blame it on Obama..

[Tx4obama]

51. All comes down to if you consider PROFIT more important than environment & worker safety/lives. n/t

[doc03]

54. The workers want to go to work! Contrary to popular belief

they would rather work than get unemployment.

[Tx4obama]

55. In life you don't always get what you want.

It is NOT up to the workers to make a decision that could possibly pollute our gulf even more.

And the workers won't be collecting unemployment - they will be collecting money from BP from the fund that Obama had BP set up specifically for the oil rig workers.

I can't understand why anyone would want to RUSH into drilling 'new deep water wells' that are not proven to be safe to the workers or to our environment.

The workers of the 33 wells that have been put on hold could also be temporarily re-assigned to 'other' wells in the interim.

[doc03]

56. There are what 30000 wells in the gulf and one accident

that could have been prevented if the watchdogs weren't in bed with the companies.

[Tx4obama]

57. You prove my point to STOP those 33 deep well drillings until completely inspected!

Everyone and everything needs to be inspected in order to prevent more oil gushers! ;)

[Joanie Baloney]

24. Oh my!

What does THIS guy know about oil drilling??

[seafan]

26. Reagan judge, 1983. Today, Martin Feldman lifted the offshore drilling moratorium.

Darker and darker by the day.


One of his prior cases:

Clipper Estates case

Judge Feldman dismissed a lawsuit filed by fifty people who live in Clipper Estates in suburban New Orleans under allegations of violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act. The residents sued on allegations that the owner of Clipper Estates - also the President of the New Orleans Home Builders Association - used money he assessed against them after Hurricane Katrina for personal purposes instead of improving the subdivision as he promised. Feldman dismissed the lawsuit claiming the plaintiffs had no standing under RICO; it is unknown if attorneys for the homeowners will file an appeal to the Fifth Circuit. (2)

And the plunder continues.

[Magleetis]

30. Of the corporation

by the corporation, for the corporation. Democracy is dead.

[wordpix]

34. seig heil, Big Oil

[Dappleganger]

36. Welcome to the United Corporate States of Murka! nt

[Phoonzang]

37. The President is having a very bad day.... nt

[superconnected]

39. Save BP! So what if they ultimately mean Environmental Collapse. Save BP!

Wonderful, they can get more faulty rigs out there and most importantly KEEP DRILLING. Cause who needs an ocean or sea life.

[Soylent Brice]

40. *facepalm*

[defendandprotect]

41. Obama ban should stand -- !!

[2Design]

43. interesting ...... they are hitting him from all sides especially if he does something good n/t

[florida08]

45. so the court vetoes the president

Companies that ferry people and supplies to offshore oil rigs asked a federal judge yesterday to lift a six-month moratorium on new deepwater drilling projects imposed in the aftermath of the massive gulf spill..

But a lawsuit filed by Hornbeck Offshore Services of Covington, La., contends that the government arbitrarily imposed the moratorium without any proof that the operations posed a threat. Hornbeck said the moratorium could cost Louisiana thousands of jobs and millions of dollars in lost wages.

Plaintiffs’ attorney Carl Rosenblum said the six-month suspension of drilling work could prove more economically devastating than the spill itself. ...

The office of Governor Bobby Jindal of Louisiana filed a brief supporting the plaintiffs’ suit. A lawyer for the state told Feldman that the federal government did not consult Louisiana officials before imposing the moratorium, in violation of federal law.


http://www.boston.com/news/nation/articles/2010/06/22/firms_seek_end_to_moratorium_on_new_drilling/

More important than the spill itself. See drilling is more important than fishing and estuaries. More important than economies that rely on tourism. More important than life in the ocean. The moratorium was on new drilling. Currently there almost 4000 rigs in the Gulf. People still working on them. How does stopping the new ones to set standards suddenly stifle their economy any more than the others which the volcanic explosion has damaged? This is unacceptable but a big win for Jindal.

[lumpy]

48. Feldman owns stock in drilling companies- verified.

What else would he do to protect his extra income. The guy should be pulled off the bench.

[Zorra]

49. Wow. Imagine how this will backfire on these RW idiots if another rig blows?

It could lead to a Dem landslide in November.

[caseymoz]

50. If this were warrantless wiretaps or a presidential ordered assassination

the courts would let this stand. But its on this that the court chooses to hold back Presidential power? I mean, for example, president Nixon froze prices across the whole economy.

The age of individual rights is over. The age of corporate supremacy is upon us.

[Odin2005]

52. This judge has BP and Transocean stocks! IMPREACH HIS ASS NOW!!!

:grr:

[judesedit]

53. Less talk, more inspecting. Then you can get back to work. In the meantime, BP can cover the lost

salaries. Obama's not going to let some Bush appointed petroleum stock holding corrupt judge stop him. You don't really think workers want to go back to work on UNSAFE platforms, do you? This is all lobbyists talking. If they'd get doing their jobs and start inspecting the workers could get back to work. Unfortunately, when the workers pointed out serious problems previously, they have been ignored to the point of allowing BP's disaster. The oil companies CEO's words are not credible. So....major, massive, blanket inspections it is. Thank you, Obama.