June 23, 2010

Obama Admin to Reissue Economy-Killing Drilling Moratorium
— Gabriel Malor

A judge struck down the six-month deepwater drilling moratorium yesterday because it was the very definition of "arbitrary and capricious." The Administration never explained why 6 months was the appropriate amount of time or why the ban should extend to all drilling below 500 feet. The 500 feet depth particularly raised the judge's ire because the material relied on by the Interior Department was about drilling bans at 1000 feet.

Well Interior Secretary Ken Salazar doesn't want the industry to even think about getting back in gear. He's going to reissue the drilling ban.

"We see clear evidence every day, as oil spills from BP's well, of the need for a pause on deepwater drilling. That evidence mounts as BP continues to be unable to stop its blowout, notwithstanding the huge efforts and help from the federal scientific team and most major oil companies operating in the Gulf of Mexico. The evidence also continues to mount that industry needs to raise the bar on blowout prevention, containment, and response planning before deepwater drilling should continue.

"Based on this ever-growing evidence, I will issue a new order in the coming days that eliminates any doubt that a moratorium is needed, appropriate, and within our authorities."

Again, nothing there to explain why six months is an appropriate length of time or why the ban should apply to all drilling in greater than 500 feet of water. For comparison's sake, the Deepwater Horizon was operating in 5,000 feet of water when it sank.

Unfortunately, judicial review of this type of agency action is highly deferential. The Administration simply has to find some "expert" to say why six months and deeper than 500 feet are right for evaluating safety on floating oil rigs. They reissue the ban and that's that. Goodbye Gulf economy.

Posted by: Gabriel Malor at 06:23 AM | Comments (158)
Post contains 313 words, total size 2 kb.

1 "We see clear evidence every day, as oil spills from BP's well, of the need for a pause on deepwater drilling. That evidence mounts as BP continues to be unable to stop its blowout, notwithstanding the huge efforts and help from the federal scientific team and most major oil companies operating in the Gulf of Mexico. The evidence also continues to mount that industry needs to raise the bar on blowout prevention, containment, and response planning before deepwater drilling should continue.""


And there you have it- "We see clear evidence every day, as oil spills from BP's well"

Nope, no reason to shut off the oil, they need this shit to continue.

Posted by: Berserker at June 23, 2010 06:25 AM (gWHrG)

2 Six months was chosen because six months from the time it was imposed, the November elections would already be over.

Posted by: A Balrog of Morgoth at June 23, 2010 06:29 AM (ZESU0)

3 Defy it.

Posted by: eman at June 23, 2010 06:30 AM (I8dqF)

4 Ain't about oil. It's about authority and who is boss. This is not a republic any longer.

Posted by: George Orwell at June 23, 2010 06:30 AM (AZGON)

5

Old America:  The Rule of Law

New America:  The Rule of "Come on, man, you knew what I meant.  We'll make some shit up later to justify it."

Posted by: Truman North at June 23, 2010 06:31 AM (FjC5u)

6 hey, create private-sector jobs or destroy them and cry that the Republicans are preventing more people from collecting from the gov't? No brainer for a community organizer.

Posted by: Ira at June 23, 2010 06:33 AM (bJm7W)

7

Several Rigs have already left the Gulf, they probably won't be coming back.

Posted by: Ben at June 23, 2010 06:34 AM (wuv1c)

8 In the meantime, we "loan" 2 billion dollars to Brazil for a deeper deep-water platform.  George Soros is a major investor. 

Hmmm.  It's like Barky and his merry band of thugs has some sort of evil master plan or something.

Posted by: Jane D'oh at June 23, 2010 06:35 AM (UOM48)

9 res judicata, bitches. Same moratorium, now just different "experts." This is crap; if this isn't immediately kicked out, the feds can litigate anyone into submission.

Posted by: sloeride at June 23, 2010 06:35 AM (c3nxc)

10

When a plane crashes do we stop flying all planes? or do we just inspect all models of the planes that crashed?

Posted by: Ben at June 23, 2010 06:35 AM (wuv1c)

11 Will those thousands of jobs lost be offset by more Census hiring?

Posted by: Techie at June 23, 2010 06:35 AM (zbH+i)

12 Three more seats just went Democrat.

Posted by: fap-fap-fap dragon at June 23, 2010 06:36 AM (ZESU0)

13 Notice how the "judge has oil investments" is in every.fucking.headline. Fucking media.

Posted by: 48%er at June 23, 2010 06:36 AM (OThQg)

14 @15:  what do you mean?

Posted by: Truman North at June 23, 2010 06:37 AM (FjC5u)

15 If it were mostly Obama supporters who worked in the Gulf he would not do this but I would bet most of the people who work in the oil industry and the seafood industry are not supporters of Obama. It makes me want to cry when I see those shrimpers and oil guys down there ... there was one picture of a guy who makes shrimp nets by hand and that right there started me crying. We use to go to Grand Isle as kids and it is so sad. Sorry but I am just getting a feeling that Obama wants to push people down and make them have to live off of him and I think it is happening.

Posted by: jsntn at June 23, 2010 06:37 AM (2Lbco)

16 Defy it. Keep the pressure on Easy Bake.

Posted by: eman at June 23, 2010 06:37 AM (I8dqF)

17

"We see clear evidence every day, as oil spills from BP's well, of the need for a pause permanent ban on deepwater drilling.

 

Fixed it for them, cause that's what they really intend to do.

Posted by: Johnnyreb at June 23, 2010 06:37 AM (JSetw)

18

I have not read the judge's opinion, I have not discussed the case with the Department of Energy or the Attorney General. However, I think it is clear that the Federal Judge in this matter acted Stupidly.

too busy reading rolling stone magazine, eh?

Posted by: Ben at June 23, 2010 06:38 AM (wuv1c)

19 Everybody needs to wake up and vote these SOBs out this November to stop this Solicialist Pig Obama!  Can't wait to 2012 to stop this bsatard!

Posted by: Frogger MacGee at June 23, 2010 06:38 AM (SZy+Y)

20 And this Administration will be able to explain that their repeated attempts at this are good, while Arizona's repeated attempts are eeeeeeeeeeeevil how?

Posted by: Blue Hen at June 23, 2010 06:38 AM (R2fpr)

21 Obama is on the other side.

Posted by: dfbaskwill at June 23, 2010 06:38 AM (usjNq)

22 res judicata, bitches. Same moratorium, now just different "experts." This is crap; if this isn't immediately kicked out, the feds can litigate anyone into submission.

Ahhh but it's just different enough to matter.  The response will be that the judge wanted more info so we gave more info. 

Seriously, I feel super tin hatty saying this, but it's looking more and more like the Obots are trying to cause a violent reaction in the Gulf. 

Posted by: alexthechick at June 23, 2010 06:39 AM (8WZWv)

23 Screw it all. Where's the chaos guy when you need him?

Posted by: Barbarian at June 23, 2010 06:39 AM (EL+OC)

24

Uh, I am ordering a moratorium on the, uh, PGA Tour, until such time that I , uh, can figure out the uh, disaster that is my uh, backswing.

Thank you.  Anyone got a menthol?

Posted by: Obumble the Merciful at June 23, 2010 06:39 AM (0pYSi)

25

Unfortunately, judicial review of this type of agency action is highly deferential. The Administration simply has to find some "expert" to say why six months and deeper than 500 feet are right for evaluating safety on floating oil rigs.

I disagree.  The original fraudulent bad faith report from Salazar, where he stated the opposite of the majority of his experts has changed the dynamic here, and quite possibly the burden of proof.  Now it's probably a preponderance.  How does one pet expert change the fact the "rational basis" was intentionally misrepresented originally? 

Posted by: Beagle at June 23, 2010 06:40 AM (sOtz/)

26 The administration is punishing the Gulf Coast states for being Republican, and not being controlled by the National Democrat Machine.  According to the Administration's point of view, they deserve to be wiped out economically and ecologically as retaliation for not being Democrats.  It's the Chicago way, folks.

Posted by: Minnie Rodent at June 23, 2010 06:40 AM (PZLW0)

27 Hah. Drilling ban ... except for the relief wells. You know, by the company and in the formation which already has been shown to have a problem. Why, that's the very definition of well-thought-out risk management.

Posted by: Waterhouse at June 23, 2010 06:41 AM (LUllJ)

28

Notice how the "judge has oil investments" is in every.fucking.headline. Fucking media.

I own some mutual funds, I could technically own stock in Iranian nuclear and missle companies for all i know.

 

Who doesn't have some energy stocks in their retirement portfolio?

Posted by: Ben at June 23, 2010 06:41 AM (wuv1c)

29
The democrats forced oil drilling into deep water.  Disaster.

The democrats won't let us drill on land in the middle of nowhere in Alaska. An area where if a spill occurred, it would be easy to clean-up.


Democrats prove daily they are clueless. 

Posted by: Lemon Kitten at June 23, 2010 06:42 AM (0fzsA)

30 It's cute how you think you'll be able to stop us with a silly old election.

Posted by: Evil RAT at June 23, 2010 06:42 AM (OThQg)

31 A plane crashes so we ground all airplanes. Yeah, that sounds about like the reasoning you get from a street corner community organizer.

Boy he really hates white people.

Posted by: bill-tb at June 23, 2010 06:42 AM (y+QfZ)

32

And what is the AP's take on this story?

NEW ORLEANS – The Louisiana judge who struck down the Obama administration's six-month ban on deepwater oil drilling in the Gulf of Mexico has reported extensive investments in the oil and gas industry, according to financial disclosure reports. He's also a new member of a secret national security court.

U.S. District Judge Martin Feldman, a 1983 appointee of President Ronald Reagan, reported owning less than $15,000 in stock in 2008 in Transocean Ltd., the company that owned the sunken Deepwater Horizon drilling rig.

See? The evil judge is only doing this because he's profiting from it. Once again our unbiased media will attempt to destroy anyone who opposes their messiah

Posted by: TheQuietMan at June 23, 2010 06:42 AM (1Jaio)

33

Seriously, I feel super tin hatty saying this, but it's looking more and more like the Obots are trying to cause a violent reaction in the Gulf. 

It's ok. There is absolutely no precedent for the south rebelling. None whatsoever.

Posted by: Ben at June 23, 2010 06:42 AM (wuv1c)

34

Hey, crazy thought here.

The moratorium stops all drilling activity, right?  Both wells that have not yet been started, and also wells that are currently in-work.

Would the moratorium potentially stop the drilling of relief wells meant to stem the current gusher?  Common sense says no, but this is the Age of Embarass-Us...

Posted by: reason at June 23, 2010 06:43 AM (V40IZ)

35

See? The evil judge is only doing this because he's profiting from it. Once again our unbiased media will attempt to destroy anyone who opposes their messiah

I would not mind the media reporting this, as it is germain to the story, if they did it for EVERYONE. If they just reported on the financial motivations of left wingers then that is fine. It would be good reporting, but you're right, they only do it for conservatives or capitalists.

Posted by: Ben at June 23, 2010 06:44 AM (wuv1c)

36 I hope Gen McCrystal tells Obama to F**k Off too his face and says "What are you going to do about Little Man-child". Well punk what are going to do ?

Posted by: Frogger MacGee at June 23, 2010 06:44 AM (SZy+Y)

37

Who doesn't have some energy stocks in their BHO's retirement portfolio?

I know. I got shit and even I have oil.

Posted by: 48%er at June 23, 2010 06:45 AM (OThQg)

38

Why does The Vapid One's™ phrase "necessarily skyrocket" keep floating around in my head?

This jackass will do anything he can think of to cripple us. He had a way out of the mistake of his moratorium against drilling when the judge ruled against it yesterday. However, we see that he's determined to appeal it.

It's really too bad that he's against us. His willingness to achieve his goals by any means possible would be a great asset if he were to use it for the advancement of American values and ideals.

Posted by: BackwardsBoy at June 23, 2010 06:45 AM (i3AsK)

39 I'm sure TransOcean is just raking in the profits right now....................

Posted by: Techie at June 23, 2010 06:45 AM (zbH+i)

40 Never let a crisis go to waste.  I hope this comes back and bites these bastards in the ass.

Posted by: Jane D'oh at June 23, 2010 06:47 AM (UOM48)

41 I was on the cover of the Rolling Stone, biatches.

Posted by: Barry the Magnificent at June 23, 2010 06:47 AM (GwPRU)

42 Also, didn't Dr. Steven Chu-Winner Of The Nobel Prize (his new legal name now) help Cal get some major BP lucre a few years back?

zOMG, large companies have ways of showing up in people's portfolios.........

Posted by: Techie at June 23, 2010 06:48 AM (zbH+i)

43 26 Screw it all. Where's the chaos guy when you need him?

Oh, I'm here, always lurking in the shadows.

In the end, there will be only chaos.

Posted by: Kratos (missing from the side of Mt Olympus) at June 23, 2010 06:48 AM (9hSKh)

44 What I would like the judge to do if they do issue another BS ban is to strike it and issue a contempt of court citation to the Dept of the Interior and give Salazar a "show cause" order. i.e. Show cause why you should not be held in contempt and go to jail.

Posted by: Vic at June 23, 2010 06:49 AM (6taRI)

45 well I think there is a lot of tinhat nuttiness going on here.

I'm particularly upset by those who think either Obama wanted the spill, or Obama is deliberately letting the spill continue.  That's a pretty evil hypothesis and IMO is just Trutherism-style conspiracy applied to the Gulf.

now I'm no fan of Obama, but I'm also not a fan of seeing my conservative colleagues go totally deranged.

am I the only one who has these concerns here?

Posted by: chemjeff at June 23, 2010 06:49 AM (Gk/wA)

46 I sorta know Judge Feldman.  He's bright, and one of the few judges out there with a functioning personality.  But as anyone who knows his work as a judge will say, he's a real pro. 

The idea he gives two shits about drilling company stocks in his retirement portfolio when he's ruling on an issue of agency authority is a fucking joke. 

Posted by: Phinn at June 23, 2010 06:49 AM (emFX5)

47 What does the "less than $15,000" mean?  Is it ten grand?  5 grand?  That the limit where they have to declare a specific amount?

Posted by: Techie at June 23, 2010 06:50 AM (zbH+i)

48 From this day forward anyone with the letter B in their name cannot attempt "connect the dot" drawings, or play tennis on Wednesdays.

So it is written, so shall it be done.

Posted by: Ken Salazar at June 23, 2010 06:50 AM (j/2t3)

49

U.S. District Judge Martin Feldman, a 1983 appointee of President Ronald Reagan, reported owning less than $15,000 in stock in 2008 in Transocean Ltd., the company that owned the sunken Deepwater Horizon drilling rig.

Kinda like that second property Scott Brown owns in Aruba, making him one of those elitest moneylusting THOUSANDAIRES!!

Posted by: reason at June 23, 2010 06:50 AM (V40IZ)

50 To all you Blacks with a job. How is that hope and change working out for you? So much for the first semi-black President... Obama probably has done more to destroy the black familiy then the KKK. Live with your decision now....

Posted by: George Romanoff at June 23, 2010 06:50 AM (SZy+Y)

51 On the day this first happened, I told my wife they would make sure this thing spewed until they got some good pictures of oil soaked birds and block any efforts to stop the oil from coming ashore.  They hate oil, and they need more people to hate oil.

I underestimated just how evil these assholes are, because I figured they'd have at least allowed some counter measures by now.  The whole thing about breaking eggs to make an omelet just hasn't been real to me, as they put all these people out of work.  Crap like grounding the whole skimmer fleet for life jacket inspection or some such shit shows they are actively blocking efforts to abate the damage.  They need the damage to be serious and long term to make more people hate oil.

I could understand ordering reinspections of all blow out preventers or something, but this moratorium has no basis in reality.  It boggles the mind that they even think they can get away with it, or that it will prevent anything except paychecks for workers and stockholders.

Posted by: kurtilator at June 23, 2010 06:51 AM (juh4Z)

52 And FUCK Mitch McConnell. Howzat apology taste now?

Posted by: richard mcenroe at June 23, 2010 06:51 AM (es25b)

53

secret national security court

Well, it ain't secret anymore, you fucks!

Posted by: The Honorable Martin Feldman at June 23, 2010 06:51 AM (V40IZ)

54

Again, nothing there to explain why six months is an appropriate length of time

George Soros owns almost a billion dollars of Petrobras stock.  He's advising the president on the matter, and he feels that six months will give him time to make a killing.

Posted by: rdbrewer at June 23, 2010 06:52 AM (HWuIy)

55 oh now wait a minute, I'm no fan of that douchebag Cahsrel Johnson either

Posted by: chemjeff at June 23, 2010 06:53 AM (Gk/wA)

56 He's advising controlling the president on the matter,


FIFY

Posted by: Jane D'oh at June 23, 2010 06:54 AM (UOM48)

57 The judge has some oil and gas investments?

Big fucking deal, as has been mentioned several times.  This just a pitiful attempt by the MFM to steer the attention away from Obama's and Ken's job-killing moratorium to ZOMG, the judge is corrupt!

Posted by: Kratos (missing from the side of Mt Olympus) at June 23, 2010 06:54 AM (9hSKh)

58 now I'm no fan of Obama, but I'm also not a fan of seeing my conservative colleagues go totally deranged.

am I the only one who has these concerns here?

Posted by: chemjeff at June 23, 2010 10:49 AM (Gk/wA)

Maybe you should send your concerns to Thomas Sowell, he seems somewhat deranged too these days.

Posted by: maddogg at June 23, 2010 06:55 AM (OlN4e)

59 Gee, chemjeff, I don't know. 

When an administration is so fucking relentlessly incompetent it is difficult to distinguish it from a saboteur, you think it is really that out of bounds to maybe speculate on its motives?

Exit Question:  If it was a conspiracy to destroy the domestic oil industry and punish states that never ever go Democrat, what would be done differently than is being done presently?

Posted by: Sgt. Hulka at June 23, 2010 06:55 AM (ZESU0)

60 How does one pet expert change the fact the "rational basis" was intentionally misrepresented originally?

It's not rational basis review. It's the "arbitrary and capricious" test.

Posted by: Gabriel Malor at June 23, 2010 06:55 AM (1TvCg)

61

I'm particularly upset by those who think either Obama wanted the spill, or Obama is deliberately letting the spill continue.  That's a pretty evil hypothesis and IMO is just Trutherism-style conspiracy applied to the Gulf.

It's an evil hypothesis that fits the facts; at every turn, Obama and his regime have stopped efforts to mitigate the damage or stop the spill from getting bigger.

Posted by: Truman North at June 23, 2010 06:56 AM (FjC5u)

62

Chem Jeff.

I am not concerned. I haven't seen much of it here.

I do think its clear Obama didn't want the spill and didn't cause the spill.

However it is hard to argue that he isn't milking this spill for everything he can. It is allowing him to do things he otherwise would not have been able to do politically, such as banning offshore drilling "temporarily".  Also, the 20 billion slush fund was unbelievable. When you have Thomas Sowell, a very bright and reserved man, going Goodwin on the slush fund, you know things are bad.

Posted by: Ben at June 23, 2010 06:56 AM (wuv1c)

63 ....upset by those who think either Obama wanted the spill, Obama is deliberately letting the spill continue.  That's a pretty evil hypothesis and IMO is just Trutherism-style conspiracy applied to the Gulf.

Ok....then explain the federal gov't.'s response to it, specifically what they're doing to Louisiana.

And show your work.

Posted by: Tami at June 23, 2010 06:57 AM (VuLos)

64 am I the only one who has these concerns here?

Lookie, an actual, bona fie Concern Troll!

Posted by: Phinn at June 23, 2010 06:58 AM (emFX5)

65 51, The issue is what Obama failed to do to mitigate the consequences of the spill. He can't plug the hole, but he can order all Federal Agencies to co-operate fully with State and local authorities, he can order the Military to assist, he can suspend all federal regulations that may inhibit dealing with the spill, he can order Federal agencies to find and deliver all needed equipment and personnel, he can deputize people as needed. And he could have done these things and likely more things 2 months ago, when they would have done the most good.

Posted by: eman at June 23, 2010 06:59 AM (I8dqF)

66 I never thought they did anything to cause the spill, but I do think they are taking full advantage of it to further other agenda(s), and I think they are willing to let a lot of people get hurt to push those agendas.

Posted by: kurtilator at June 23, 2010 07:00 AM (juh4Z)

67 U.S. District Judge Martin Feldman...reported owning less than $15,000 in stock in 2008 in Transocean Ltd.

I'm no second coming of Warren Buffett, but since when does $15K qualify as an "extensive" holding? I realize that's only one of several holdings mentioned in the 7th graf, but it's the one they touted, so I am guessing it's the largest. I suspect the article was written by a 21 yr old and edited by a 22 yr old.

Posted by: jakeman at June 23, 2010 07:00 AM (8QmEC)

68 MFM: Can't you see? All of the contributions from BP or Goldman Sachs in no way affect Barry's decisions because he's soooooooo noble and pure. But this Reagan appointed judge with his less than $15,000 investment is only motivated by his GREED!!!!

Posted by: TheQuietMan at June 23, 2010 07:01 AM (1Jaio)

69

am I the only one who has these concerns here?

Lookie, an actual, bona fie Concern Troll!

 

Chem Jeff isn't a troll.

He's got a valid point. Blaming Obama for the spill itself, or saying he wanted it to happen is like saying Bush blew up the levee's in New Orleans or that he wanted blacks to die in the aftermath of Katrina.

We mocked those on the left who made those stupid accusations then, and we can't now say the same things about Obama.

The cleanup, his actions after the spill, and everything else is fair game, but don't good troofer and claim he actually had anything to do with the spill.

Posted by: Ben at June 23, 2010 07:03 AM (wuv1c)

70 Oh, chemjeff ain't no concern troll.

Do I believe someone blew it up on purpose?

No.

Do I believe Obama is milking this "crisis" for all it's worth, including dragging his feet in stopping oil from coming ashore?

Yes.

Posted by: Rickshaw Jack at June 23, 2010 07:03 AM (j/2t3)

71 How does Zero and his crab lice see this spill? OPPORTUNITY!

Posted by: maddogg at June 23, 2010 07:04 AM (OlN4e)

72 am I the only one who has these concerns here?

Hell, I'm concerned that I'm even considered the possibility, so, no, you aren't the only one concerned.

Look, Obama is not responsible for the spill.  BP is and, maybe, those regulators who were supposed to oversee safety and who didn't do their jobs.

Obama is responsible for the government's response to the spill.  Every action that's being taken seems to be stopping the clean up, not helping the clean up.  It's completely appropriate to question what the hell is the Obama Administration doing.  A conspiracy is actually better than sheer utter incompetence. 

Posted by: alexthechick at June 23, 2010 07:05 AM (8WZWv)

73 #51  I'm particularly upset by those who think either Obama wanted the spill, or Obama is deliberately letting the spill continue.  That's a pretty evil hypothesis and IMO is just Trutherism-style conspiracy applied to the Gulf.

The first hypothesis (i.e. SEAL teams on Nork mini-subs blowing up the rig) is Truther nonsense, but I think the second hypothesis that Obama wants the oil to continue to flow isn't as nutty.  Just look at the Fed's action so far and tell me that the federal response hasn't been even glacially slower than usual. 

Posted by: Kratos (missing from the side of Mt Olympus) at June 23, 2010 07:05 AM (9hSKh)

74 He knew how to get claims settled in his chambers to the satisfaction of all the parties.

It's a good settlement - eveyone's mad?  /lawyerjoke

Posted by: alexthechick at June 23, 2010 07:06 AM (8WZWv)

75 Zero cares about pushing his statist agenda. He gives not a fuck about anything else.

Posted by: maddogg at June 23, 2010 07:07 AM (OlN4e)

76 #71  Lookie, an actual, bona fie Concern Troll!

chemjeff isn't a "concerned Christian conservative" troll. 

It's pretty bad when we have to consider that Obama wouldn't mind the oil seeping out of Mother Gaia a little longer to shove Crap and Destroy through, but remember his creedo IRahm's actually) of never letting a crisis go to waste.

Posted by: Kratos (missing from the side of Mt Olympus) at June 23, 2010 07:08 AM (9hSKh)

77 I'm winning.

Posted by: The Dark Lord at June 23, 2010 07:08 AM (gbCNS)

78 The ObamiNation perfectly illustrates my definition of insanity.

Posted by: Al Einstein at June 23, 2010 07:09 AM (obXYX)

79

OK, new magic words noted.   

Is there a better example of arbitrary and capricious than concluding the opposite of what your experts suggested, while misrepresenting their opinion?

Feldman at PJM posted these relevant cites: 

"The APA cautions that an agency action may only be set aside if it is “arbitrary, capricious, an abuse of discretion, or not otherwise not in accordance with law.” 5 U.S.C. §706(2)(A); see Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 (1971). The reviewing court must decide whether the agency acted within the scope of its authority, “whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.” Overton Park, 401 U.S. at 415-16; see Motor Vehicle Manf. Ass’n of the U.S. v. State Farm Mutual to. Ins. Co., 463 U.S. 29, 42-43 (1983). While this Court’s review must be “searching and careful, the ultimate standard of review is a narrow one.” Overton Park, 401 U.S. at 416; see Delta Found., Inc. v. United States, 303 F.3d 551, 563 (5th Cir. 2002). The Court is prohibited from substituting its judgment for that of the agency. Overton Park, 401 U.S. at 416. “Nevertheless, the agency must examine the relevant data and articulate a satisfactory explanation for its action including a ‘rational connection between the facts found and the choice made.’” State Farm, 463 U.S. at 43 (quoting Burlington Truck Lines v. United States, 371 U.S. 156, 168 (1962))."

I'd argue here there was an intentional irrational connection made between the facts and choice made.   No error of judgment is more clear than a fraudulent statement of expert opinion, and so on. 

Fraud is almost always one of the exceptions to the general rule.   

Posted by: Beagle at June 23, 2010 07:09 AM (sOtz/)

80 Well yes, I think he is not "letting the crisis go to waste", certainly.  He spent half of his stupid speech on something that had nothing to do with cleaning up the oil spill (i.e. cap&trade) because it's clear he wants to use the oil spill to push his agenda.

And I think pretty much all of the fed gov's bungling actions up to this point can be explained by excessive bureaucracy, lack of clear authority, and general CYA behavior by government bureaucrats.  Take the lifejacket example - that was a government bureaucrat taking a checklist approach to his job (i.e. making sure all the boxes are checked) rather than treating this spill as a real crisis where you have to look at the big picture and realize that maybe if there's a few missing lifejackets it's not a big deal compared to getting the FUCKING OIL out of the water.  The bureaucrat is not paid to look at the big picture, he is paid to push paper and check boxes.  THAT'S the problem.

I don't think it's a part of some deliberate plot to keep the oil gushing.  That is just Gulf Trutherism.

Posted by: chemjeff at June 23, 2010 07:10 AM (Gk/wA)

81

Okay - who fucked up the formatting?

Let's see if this fixes anything.

Check, 1, 2; check.

Posted by: steveegg at June 23, 2010 07:10 AM (obXYX)

82
David Harsanyi says--

"You've gotten past that scandalous word — "oil" — for a moment and begun to wonder who gave the administration the authority to shut down a vital regional industry without a shred of scientific evidence or tangible safety concern.

Perhaps it's just that unshakable affection you have for BP (Exxon is also dreamy), but you wonder aloud how the administration has the power to extract $20 billion from a corporate partner — without congressional or independent oversight or even an executive order — then name a political appointee to head up the fund and allow him to mete out the money any way he sees fit.

You're pretty sure, judging from the administration's track record — "stimulus" to health-care legislation to fiscal reform, and so on — that it would be patently absurd to trust that it could divvy out billions without attaching political considerations.

Then again, you're a coal-lovin' shill. No, it doesn't matter that Barack Obama was the top recipient of BP's political action committee and individual bucks over the past 20 years. It is irrelevant that BP was a founding member of the U.S. Climate Action Partnership and lobbies for cap-and-trade schemes."






Posted by: Lemon Kitten at June 23, 2010 07:11 AM (0fzsA)

83 Just because tinfoil hats look funny doesn't mean you never need one.

Posted by: 48%er at June 23, 2010 07:11 AM (OThQg)

84 See if this works </i>

Posted by: Beagle at June 23, 2010 07:11 AM (sOtz/)

85 Eh?

Posted by: Beagle at June 23, 2010 07:11 AM (sOtz/)

86

He broke the blog!  *pointing finger up*

Posted by: Beagle at June 23, 2010 07:12 AM (sOtz/)

87 Well I haven't been here a "very long time", only since about right after the election.

Posted by: chemjeff at June 23, 2010 07:13 AM (Gk/wA)

88 If I may be so indulged, I'm just going to paste what I wrote yesterday about the ruling:

I'll bet The Precedent doesn't care and doesn't give the permits back, anyway.  If any oil company complains, they'll be attacked and threatened ... shakedown style.

This Precedent acknowledges no limits on his power.  He's happy to bring the nation to a Constitutional crisis over just about anything.  That's a big part of his plan, in fact.

Posted by: progressoverpeace at June 22, 2010 02:24 PM (Qp4DT) 

It's not as if The Precedent or the Washington junta has a big playbook.  Once one acknowledges the true motivations of the retard version of Hannibal, everything falls into place.

Posted by: progressoverpeace at June 23, 2010 07:14 AM (Qp4DT)

89 I fuck up formatting for kicks.

Posted by: The Dark Lord at June 23, 2010 07:14 AM (gbCNS)

90

 The bureaucrat is not paid to look at the big picture, he is paid to push paper and check boxes.  THAT'S the problem.

You know what? They sure acted fast as hell to reinstate the fucking drilling ban. Light speed, I'd say. So your premise that it's due to bureaucratic incompetence holds little water.

Posted by: maddogg at June 23, 2010 07:15 AM (OlN4e)

91 The way I see it, there's about 3 levels of belief:

1. Obama is doing "all that he can" to clean up the spill.  You believe that if you're a leftist partisan douche.  That part obviously isn't true.

2. Obama wants the spill to end, but a huge Leviathan government bureaucracy can't make it happen due to general inertia, infighting, and lack of clear authority.  This is where I fall.

3. Obama deliberately wants the spill to continue so as to further his anti-oil agenda.  THAT is what I think is Gulf Trutherism.

Posted by: chemjeff at June 23, 2010 07:15 AM (Gk/wA)

92 am I the only one who has these concerns here?

Nope. I too find the conspiracy theories ludicrous. Even the idea that Obama's dragging his feet on the cleanup seems pretty far-fetched. We already know he's lazy and incompetent and has zero executive experience, and we already know government action of any sort is by its very nature necessarily going to be gummed up with red tape and stupidity. Those established facts would seem to explain the shitty response much more easily than any deliberate "deep game" a shallow pea-brained fuckknob like Obama could play.

Posted by: Waterhouse at June 23, 2010 07:16 AM (LUllJ)

93 I don't think it's a part of some deliberate plot to keep the oil gushing.  That is just Gulf Trutherism.

Posted by: chemjeff at June 23, 2010 11:10 AM

Right.  Too bad there is nobody who has the authority to suspend all these nitwit Federal regulations during natural disasters.


P.S. Nobody here is complaining about the oil gushing.  The complaints are about the what is not being done to deal with the oil that has already gushed.

So put down the fucking troofer strawman.


Posted by: A Balrog of Morgoth at June 23, 2010 07:16 AM (ZESU0)

94 You know what? They sure acted fast as hell to reinstate the fucking drilling ban. Light speed, I'd say. So your premise that it's due to bureaucratic incompetence holds little water.

To reinstate the drilling ban takes nothing than issuing an edict.  To clean up oil from beaches requires that people actually DO something.  You can't issue edicts to make the oil go away.  So you're comparing apples and oranges here.

Posted by: chemjeff at June 23, 2010 07:19 AM (Gk/wA)

95 What's your explanation for his refusal to sign the Jones Act waiver? 

Posted by: polynikes at June 23, 2010 11:18 AM (m2CN7)

He injured his wrist on the drive on hole 12, some rounds back.  He could barely lift his limp left arm to clap on the stage with Paul McCartney.  Have a heart, man.

Posted by: progressoverpeace at June 23, 2010 07:21 AM (Qp4DT)

96 I don't see the problem here.

Posted by: FIFA World Cup Soccer Referee at June 23, 2010 07:21 AM (ZESU0)

97

To reinstate the drilling ban takes nothing than issuing an edict.  To clean up oil from beaches requires that people actually DO something.  You can't issue edicts to make the oil go away.  So you're comparing apples and oranges here.

No, I'm not. The President can make a call to the Coast Guard and say "let those barges through, wave any PFD requirements, this is an emergency, and the barges will go through. Most rules can and are bent for emergencies. Using that as an excuse is bullshit, and is designed to deceive those who wish to be deceived.

Posted by: maddogg at June 23, 2010 07:23 AM (OlN4e)

98 Typical Democrat reactionary policy.

Always always always come up with some ri-fucking diculous BAN on whatever it was that caused a problem regardless of chance of it happening again, user intent etc..

"Somebody was stabbed with a Pencil!"

Dem reaction:

"All pencils will be confiscated!"

This drilling moratorium is the perfect example of their completely fucked up nanny gene kicking into gear.

Posted by: MelodicMetal at June 23, 2010 07:23 AM (x4S2a)

99 I agree with you but Obama doesn't make it easy.  What's your explanation for his refusal to sign the Jones Act waiver?  That has nothing to do with bureacracy.

polynikes, I think this is honestly Obama showing that he's not a true leader.  He's not willing to make bold decisions in a crisis to get things done.  Instead he has to sit around and act all professorial-like, weighing the options, dithering and dilly-dallying (and playing golf) before he decides on a course of action.  It shows a lack of leadership, not evil intent IMO.

Posted by: chemjeff at June 23, 2010 07:24 AM (Gk/wA)

100 I don't think it's a part of some deliberate plot to keep the oil gushing.  That is just Gulf Trutherism.

Posted by: chemjeff at June 23, 2010 11:10 AM (Gk/wA)

It is clearly by intention to make the effects of the spilt oil as bad as possible, especially for Louisianna.  In fact, the McChrystal dust up brings back memories of the last time the Indonesian Imbecile pulled this same, anti-American, intentional dithering and was found to have not met with the main players.  The Precedent is a one-trick pony, and that trick is hating America.  Stalling is his favorite tactic, evidently.

Posted by: progressoverpeace at June 23, 2010 07:24 AM (Qp4DT)

101 I'm particularly upset by those who think either Obama wanted the spill, or Obama is deliberately letting the spill continue.  That's a pretty evil hypothesis

Goddamn America!

How years in that church, chemjeff?

How many years of friendship with an unrepentant domestic terrorist?

The fucker voted to let infants who survived abortions DIE IN A CLOSET. You want to give the guy the benefit of the doubt? Go ahead. His actions, however, tell me everything I need to know about him.

Posted by: Warden at June 23, 2010 07:25 AM (aR3X4)

102 Much like how the edict that halted the building of protective sand berms that was issued?

Again this is just bureaucratic incompetence and lack of leadership.  There is no clear person in charge willing to put his neck on the line and say "yes, you can ignore Federal Regulation #2,792,301 in order to build the sand berm, because we are in the middle of a crisis".  They are acting like CYA bureaucrats and pencil-pushing geeks.

Posted by: chemjeff at June 23, 2010 07:26 AM (Gk/wA)

103 I think this is honestly Obama showing that he's not a true leader.  He's not willing to make bold decisions in a crisis to get things done.  Instead he has to sit around and act all professorial-like, weighing the options, dithering and dilly-dallying (and playing golf) before he decides on a course of action.  It shows a lack of leadership, not evil intent IMO.

Posted by: chemjeff at June 23, 2010 11:24 AM (Gk/wA)

No offense meant, jeff, but that view is hopelessly naive.

Posted by: progressoverpeace at June 23, 2010 07:26 AM (Qp4DT)

104 Coast Guard

Correct me if I'm wrong, but doesn't the Coast Guard carry extra lifejackets on board like every fookin vessel they have?

Posted by: Rickshaw Jack at June 23, 2010 07:26 AM (j/2t3)

105 I'm NOT giving Obama the benefit of the doubt - he's shown that he's not a capable or competent leader.  I just don't think he has evil intent here.  Is it giving someone the "benefit of the doubt" to assume that someone is NOT a raving lunatic psycho?

Posted by: chemjeff at June 23, 2010 07:28 AM (Gk/wA)

106 Has a moron ever steered you wrong before?

well, Monty keeps trying to get me to buy gold, so the Moron Record is not flawless...

Posted by: chemjeff at June 23, 2010 07:30 AM (Gk/wA)

107 The relief wells were specifically exempted in Moratorium 1.0.

Sources close to Feldman told WRNO radio this morning that if Moratorium 2.0 even smells like 1.0, he'll have Salazar in front of him in a show cause hearing for contempt of court.

Posted by: GulfCoastTider at June 23, 2010 07:30 AM (Kkzqi)

108 I just don't think he has evil intent here.

What you and I call evil, Marxist call "necessary".

Posted by: Rickshaw Jack at June 23, 2010 07:30 AM (j/2t3)

109

Is it giving someone the "benefit of the doubt" to assume that someone is NOT a raving lunatic psycho?

He's not a raving lunatic psycho, he's a true believer. And I don't mean in the American way.

Posted by: maddogg at June 23, 2010 07:31 AM (OlN4e)

110 Is it giving someone the "benefit of the doubt" to assume that someone is NOT a raving lunatic psycho?

Posted by: chemjeff at June 23, 2010 11:28 AM (Gk/wA)

When there are thousands of pieces of evidence demonstrating that he is a pathological liar with an IQ of 83 who hates America and everything about us with a passion, then ... yes, it is giving the benefit of the doubt in a big, big way.  When there is no evidence of any sort, whatsoever, that he has ever done anything for the good of America, then ... it is far beyond giving the benefit of the doubt.

Posted by: progressoverpeace at June 23, 2010 07:31 AM (Qp4DT)

111 Posted by: chemjeff at June 23, 2010 11:26 AM

You know, if I wanted to read a bunch of naive bullshit, I could go find the latest Peggy Noonan article.

Just sayin....

Posted by: A Balrog of Morgoth at June 23, 2010 07:32 AM (ZESU0)

112 It's time to remove this administration from power.

Posted by: Old Hippie Vet at June 23, 2010 07:32 AM (3IZGh)

113 Is it giving someone the "benefit of the doubt" to assume that someone is NOT a raving lunatic psycho?

I'm pretty sure giving him the 'benefit of the doubt' is what got him elected....against all evidence to the contrary.

Posted by: Tami at June 23, 2010 07:36 AM (VuLos)

114

Chemjeff is blind to my power.

Posted by: The Dark Lord at June 23, 2010 07:36 AM (gbCNS)

115 Most rules can and are bent for emergencies.

I agree.  And if the rules aren't being bent, I guess there's a few ways to look at it:

1. The guy in charge thinks following the rules are more important than stopping the emergency.

2. The guy in charge is afraid to bend the rules because he thinks he will get fired if he does, even if it means that the emergency continues longer.

3. The guy in charge actually wants the emergency to continue.

I happen to think it's closer to #1 with regards to Obama, because he fundamentally believes in government, believes that the government rules are right and proper, and doesn't want to set some sort of precedent which in his mind is of paramount importance.

For the guys on the ground in the Gulf, I think it's closer to #2 because there's a zillion different agencies fighting with each other and nobody wants to be called to the carpet for breaking Rule #3,793,297,491.

I just don't think it's #3 when it can be better explained by #1 or #2.

Posted by: chemjeff at June 23, 2010 07:36 AM (Gk/wA)

116 "Somebody was stabbed with a Pencil!"

Dem reaction:

"All pencils will be confiscated!"

This drilling moratorium is the perfect example of their completely fucked up nanny gene kicking into gear.
Posted by: MelodicMetal

No kidding! Confiscate all writing utensils and the internet, too. May as well take all finger tips while we're at it.


Posted by: Marx's Nanny at June 23, 2010 07:37 AM (H+LJc)

117 Is it giving someone the "benefit of the doubt" to assume that someone is NOT a raving lunatic psycho?

Posted by: chemjeff at June 23, 2010 11:28 AM (Gk/wA)

"Our determination to fight for the America we want for our children, even if we're unsure exactly what that looks like, even if we don't yet know, precisely, how we're going to get there, we know we'll get there."

-- The Precedent (in his Oval Office oil spill speech)

From the Oval Office ... I mean, really.  This certainly is the ranting of a lunatic ... from the Oval Office.

Posted by: progressoverpeace at June 23, 2010 07:37 AM (Qp4DT)

118

I fall between 2 and 3, jeff.  Probably around 2.25.

I don't think that Barry or the Administration WANTED this.  Nobody wants this.  But, now that they have it, the urge to make lemonade from the lemons is too big for them to resist.  They have already shown a lack of maturity in other areas, so it isn't too hard to believe that they would succumb to certain temptations to find silver linings for their agenda in the whole mess.

Does he want the oil to stop?  Yeah, sure.  You can't let it all leak out, that would be horrendous on a global scale if oil started getting out into the Atlantic and into global currents.

Is he losing sleep over it?  Are haunting visions of oil-soaked turtles distracting him and making him slice to the right every time he picks up his 4-iron?  Did a somber pall prevail during the Jonas Brothers / Paul McCartney concert?  Naaah.

Posted by: reason at June 23, 2010 07:38 AM (V40IZ)

119 I just don't think he has evil intent here.


That's right. You just don't think.

Posted by: Marx's Nanny at June 23, 2010 07:38 AM (H+LJc)

120 I just don't think he has evil intent here.

I believe that he has a lifetime of evil works, outcomes, and personal connections.

Seriously, he voted for infanticide. That isn't enough to convince you?

Evil people don't sit down and think,. "I'm going to do evil today." They don't participate in evil for the sake of being evil. It's that they don't give a damn if their actions have evil outcomes on the way to reaching their own selfish, personal goals.


Posted by: Warden at June 23, 2010 07:38 AM (aR3X4)

121

Is it giving someone the "benefit of the doubt" to assume that someone is NOT a raving lunatic psycho?

He's not a raving lunatic psycho, he's a true believer. And I don't mean in the American way.


But if you believe Obama deliberately wants the spill to continue, that is attributing some seriously fucked-up psychotic motives to the man.

Posted by: chemjeff at June 23, 2010 07:38 AM (Gk/wA)

122

But if you believe Obama deliberately wants the spill to continue, that is attributing some seriously fucked-up psychotic motives to the man.

Posted by: chemjeff at June 23, 2010 11:38 AM (Gk/wA)

Uh...yeah, hello!  It just so happens that this spill furthers his agenda.

Oh and Jeff...if you like your insurance, you can keep it.


Posted by: Tami at June 23, 2010 07:40 AM (VuLos)

123 chemjeff, Goddamn Zero is in charge. He runs roughshod over whatever rules he wants to to pass his agenda. But now, to save the Gulf Coast from a disaster the rules are all important? Give me a fukkin' break.

Posted by: maddogg at June 23, 2010 07:40 AM (OlN4e)

124 I already linked to the bit with the sand berm stoppage today. It's the fucking headline on fucking drudge.

Posted by: Abdominal Snowman at June 23, 2010 07:43 AM (xlmQD)

125

But if you believe Obama deliberately wants the spill to continue, that is attributing some seriously fucked-up psychotic motives to the man.

Posted by: chemjeff at June 23, 2010 11:38 AM (Gk/wA)

Did you read his father's day letter?  He is one twisted dude.  Seriously.

Are you saying that you think he looks bothered, at all, by the spill continuing?  Can you point to anything to support this?

If he isn't "bothered" by it, how far do you have to stretch to understand that he actually likes it.  That doesn't mean he's in control of the flow, but he likes what's happening with it, and he's taking as much advantage of it (including putting roadblock after roadblock in the state's way) as he is able.

This is all pretty clear.  He didn't have any reaction for over a month and a half, other than to threaten the dividends of BP, which eventually got forgotten as the $20 billion shakedown was done for the slush fund.

Posted by: progressoverpeace at June 23, 2010 07:43 AM (Qp4DT)

126 reason, yeah, I think his excessive golfing and concert-going during the crisis is incredibly tone-deaf and is yet another sign that he does not understand what it takes to be a good leader - that you have to have the respect of those who follow you, and one way to earn that respect is to lead by example.  He's not doing that.  I am absolutely appalled by the golfing and the what-not.  I don't expect him to be hunkered down in his war-room Gulf Spill bunker, but still - can we stop the golfing for a month or two?

Posted by: chemjeff at June 23, 2010 07:43 AM (Gk/wA)

127 Outcomes take precedence over evil, so sayeth my blind progressive minions.

Posted by: The Dark Lord at June 23, 2010 07:45 AM (gbCNS)

128 Dave C, point taken, he's not a slave to rules, but I think _these_ rules matter to him because _these_ rules are about environmental protection and worker safety (i.e., sand berms, life jackets).  He's not willing to bend _these_ rules.

Posted by: chemjeff at June 23, 2010 07:49 AM (Gk/wA)

129 chemjeff, just between you and me, I scored with the Tooth Fairy last night.

Posted by: maddogg at June 23, 2010 07:51 AM (OlN4e)

130 well, now that I've done my part in stirring up the Moron Hornet's Nest, here's a link to a cute kitteh

Posted by: chemjeff at June 23, 2010 07:54 AM (Gk/wA)

131 That is just Gulf Trutherism.
Posted by: chemjeff

That argument would be plausible if only SOME of the federal efforts stymied the gusher's clean up.

Sorry, but EVERYTHING that the federal authorities are doing is stalling the clean up. This is the definitive clusterfuck and the Gulf states aren't taking Obama's tar pissing for rain.

Going the extra mile calling witnesses truthers is as low as apologism gets, the only way that apologists remain empowered. Adopting Alinsky in order to defeat Alinsky?

While Obama was growing up, "bureaucracy" was a dirty word.
The more things change, the more they stay the same.

 

Posted by: maverick muse at June 23, 2010 07:55 AM (H+LJc)

132

Sorry, I choose door number 3. If that makes me a ""truther", so be it.I don't think it's irrational at all to think that Obama and his crew want to milk this and allow it to get worse for their own (warped) personal gains. I know that most of us have tried to give him the benefit of the doubt.....it IS very hard to believe that our President is such a malevelent, destructive bastard....but I have come to the conclusion that he has no soul, and could care less about our people, our Constitution, about anything but his own comfort and power.

No, no..I don't think he blew up the well. He may even want the hole to really get plugged. But not yet. Not yet.

Posted by: Luca Brasi at June 23, 2010 07:56 AM (YmPwQ)

133 He's not a raving lunatic psycho, he's a true believer.

We are the Borg.  Resistance is futile.

Posted by: huerfano at June 23, 2010 07:58 AM (rqC5o)

134 And for what it's worth, I wnet full Biden on Facebook about this. Not one of my lefty sparring partners tried to defend Zero. maybe they're waiting for me to calm down.

Posted by: Luca Brasi at June 23, 2010 07:59 AM (YmPwQ)

135 So far as Obama's $20billion BP slush fund goes, BP refuses any further responsibility for anything to anyone who has applied for reimbursement from Obama's personal political $20billion slush fund. Gulf victims won't see any financial aid from Obama. It would be truly unprecedented for Obama to actually appropriate the BP fund to Gulf victims rather than to unions and his own personal interests.

Posted by: maverick muse at June 23, 2010 08:02 AM (H+LJc)

136 Oh Wow!!! It's "Everbody Post in Italics Day".  This place is juct too cool!

Posted by: bigred at June 23, 2010 08:03 AM (WUwAu)

137 chemjeff--you forgot

4) Obama doesn't give a shit about the Gulf.

That's where I fall.

Posted by: HeatherRadish at June 23, 2010 08:06 AM (mR7mk)

138

I have come to the conclusion that he has no soul, and could care less about our people, our Constitution, about anything but his own comfort and power.

Comfort and power are what won me his soul. The Blind Believers who follow him are costing me much less - and will rot in the sewage he makes.

Posted by: The Dark Lord at June 23, 2010 08:06 AM (gbCNS)

139 Oops, guess it's also "Don't Bother To Read Your Own Post Day". My old English teacher is spinning in her grave. 

Posted by: bigred at June 23, 2010 08:07 AM (WUwAu)

140 1. The guy in charge thinks following the rules are more important than stopping the emergency.

2. The guy in charge is afraid to bend the rules because he thinks he will get fired if he does, even if it means that the emergency continues longer.

3. The guy in charge actually wants the emergency to continue.

Or, how's about this?

Restatement of Option 3: The guy in charge thinks following the existing rules benefits him politically, and benefits his friends financially (same thing), so he has consciously decided to allow the emergency to continue. 

Posted by: Phinn at June 23, 2010 08:07 AM (emFX5)

141 I agree he's exploiting the spill to push cap&tax.  That's wrong.  But, I don't think that means he actually wants the spill to continue, though.  That's what I'm saying.

Posted by: chemjeff at June 23, 2010 08:08 AM (Gk/wA)

142 1. Obama wants Cap & Tax.

2. Obama thinks that the spill continuing helps generate support for Cap & Tax (false but Zero believes it).

3. Therefore, Obama wants the spill to continue. 

Maybe he doesn't necessarily want the damage per se.  He just sees the damage as a means to his desired end.  Which means, in essence, he wants the damage to continue. 

Posted by: Phinn at June 23, 2010 08:13 AM (emFX5)

143 162 chemjeff--you forgot

4) Obama doesn't give a shit about the Gulf.

That's where I fall.

Doesn't give a shit?  I'm not so sure, but I find that more believable than "wants the oil to keep flowing".

Posted by: chemjeff at June 23, 2010 08:20 AM (Gk/wA)

144 Why wouldn't he want the damage to continue? It ain't affecting him personally. Poll numbers, schmoll numbers. His hardcore base, which includes the eco-nazis, are follwing him over the cliff and trying to drag us with him.

Posted by: Luca Brasi at June 23, 2010 08:21 AM (YmPwQ)

145 But if you believe Obama deliberately wants the spill to continue, that is attributing some seriously fucked-up psychotic motives to the man.

Chemjeff, have you not been paying attention for the last two years?

Posted by: The War Between the Undead States at June 23, 2010 08:57 AM (F5Gxy)

146

chemjeff,

So your saying that Obama is so incompetent, it only seems like he is neferiously evil?

I can live with that but I don't see how that makes Obama look any better.

Posted by: Prof. Venkman at June 23, 2010 09:05 AM (4JpPD)

147 War Between The Undead States: I suspect all the obstructionist stuff the feds do to keep Louisiana from protecting the coast just simply don't get reported in the government's captive press the way it gets reported in the net or in Louisiana.

Posted by: Abdominal Snowman at June 23, 2010 09:08 AM (xlmQD)

148

Somebody fix the damned italics. This blog system is the worse I've encountered

1) gotta use tinyurl for links

2) somehow error in formatting migrates to other comments

3) "Posted by: Prof. Venkman AT June 23, 2010 01:05 PM"

 

Posted by: Prof. Venkman at June 23, 2010 09:09 AM (4JpPD)

149 </i>

Posted by: Prof. Venkman at June 23, 2010 09:10 AM (4JpPD)

150 Man chemjeff, just drop the whole trutherism thing, it just makes you look ridiculous.

Posted by: KG at June 23, 2010 09:14 AM (S8TF5)

151

Appeal Plan

The U.S. will ask Feldman to stay his ruling pending an appeal, Justice Department attorney Michael Thorp said yesterday at a court hearing in a separate lawsuit challenging the ban. The government didnÂ’t indicate how soon it will request a stay.

If Feldman denies the request to halt enforcement of his order, the U.S. could file an emergency application to the U.S. Court of Appeals in New Orleans to stay enforcement, said Anthony Sabino, a law professor at St. JohnÂ’s University.

The appeals court isnÂ’t likely to reinstate the moratorium, said Sabino, an expert in complex federal litigation.

“The judge’s decision is the proper application of the law,” he said in an interview. “There’s no question the government’s action was extremely broad.”

 From Bloomberg.

It sounds like Moratorium 2.0 is being planned because Secretariat Salazarovich already knows an appeal is scroooed.


Posted by: GulfCoastTider at June 23, 2010 09:17 AM (Kkzqi)

152

Gabe:  Unfortunately, judicial review of this type of agency action is highly deferential. The Administration simply has to find some "expert" to say why six months and deeper than 500 feet are right for evaluating safety on floating oil rigs.

They'll have to find a new judge, but that shouldn't be a problem.  Unfortunately, the judiciary is as politicized as every other aspect of the culture.  To get your result, get your judge.

Posted by: Louis Tully at June 23, 2010 09:31 AM (jat5l)

153 Just in:

Wednesday, June 23, 2010, Secretary of the Interior Ken Salazar and newly appointed Bureau of Ocean Energy Director Michael Bromwich will testify before the Senate Interior Appropriations Subcommittee regarding reforms to strengthen offshore oil and gas oversight and enforcement.

"Bureau of Ocean Energy"?  WTF is that?

Posted by: Chairman LMAO at June 23, 2010 10:03 AM (snlsw)

154

Typical ACORN-style renaming of part of the MMS by the Administration and commie boy Salazar.  Similar to how they name their crappy legislation  something ike "Freedom and Jobs" when they mean exactly the opposite.

Posted by: Sgt. Snorkle at June 23, 2010 12:43 PM (+A456)

155

Everyone here is of course aware that Barry's goons are lending $2B to the Brazilian state owned oil company, Petrobras, to do that which he is specifically trying to stop companies from doing in the Gulf?  Only these folks want to and will drill in over 14,000 feet of water. And you know where the rigs are going to come from to do this? Yeah, the ones that Barry is idling in the Gulf.  And last, but not least, guess whose money fund has a big old stake in Petrobras?  George Soros.  Welcome to Crime Inc.

Posted by: TimInVirginia at June 23, 2010 12:57 PM (ouIsb)

156 Not smart to piss off a Federal judge.  Contempt sanctions a'coming.  Tip to Ken: don't drop the soap.

Posted by: Fa Cube Itches at June 23, 2010 02:53 PM (kmEfr)

157 I'll take door #3.  His signature middle finger nose or temple scratch move and his handling of the healthcare summit tells me all I need to know about his intentions.

Posted by: Count de Monet at June 23, 2010 03:31 PM (2g2ex)

158 fd

Posted by: . at June 25, 2010 07:23 PM (vOuIv)

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