De Facto Stay of Offshore Drilling

by rebb

Yesterday, the 5th Circuit dealt the government a swift rejection in Hornbeck v. Salazar, the case over the offshore drilling moratorium.

continued at Daily Kos....

Bad Decision Overturns Drilling Moratorium

by rebb

crossposted at intlawgrrls

On June 22, Judge Martin Feldman of the Eastern District of Louisiana issued a preliminary injunction overturning the Department of Interior’s May 28, 2010 Temporary Moratorium on deepwater drilling. Several facets of this decision are truly astonishing. Nowhere in the decision is there any recognition of the unique, emergency circumstances or the grave threat to the public that the agency was seeking to combat. Nor did the judge pay much attention to the express and explicit congressional intention that offshore oil activities be suspended when necessary to protect against environmental threats.

continued at Daily Kos....

Legal-Ease

by Crashing Vor

I never would have thought I'd say this, but Ken Salazar is a freaking genius.

When Judge Feldman granted a preliminary injunction against the federal government for ordering a six-month moratorium on deepwater drilling yesterday, he called the drilling hiatus "arbitrary and capricious" and its basis "factually incorrect." The administration vowed to immediately appeal.

continued at Daily Kos....