hatman: HatMan, my alter ego and face on the 'net (Default)
([personal profile] hatman Jun. 23rd, 2010 05:15 am)
This is amazing.

The oil spill has been going on for over two months. It'll be at least another month before they can stop it. It's an unthinkably huge environmental disaster. In part, that's because BP ordered shortcuts to be taken (less safety in exchange for faster and cheaper readiness). In part (the bit that everyone seems to have forgotten), it's that TransOcean and Haliburton accepted those orders. In part, it's a complete failure of the government to do its job in maintaining regulations and providing oversight. In part, it's just that no one knows how to handle a situation like this - oil gushing at this depth. Safety technologies have proven ineffective even when properly used. Cleanup and response technologies haven't developed in my lifetime, while drilling has become ever more ambitious.

In response to all this, the Obama administration ordered a six month moratorium on offshore drilling. The oil companies decided to fight that in court. Yesterday, a Louisiana judge handed down his ruling. It's available here in PDF format.

In it, he notes that according to the law, deep water drilling permits are to be given only subject to environmental safeguards, that the Secretary of the Interior has the power to temporarily suspend operations if there's a threat to life (including fish), property, mineral deposits, or the environment, and that such an order may only be overturned if the court determines that the order was given arbitrarily and capriciously. The administration pointed out, among other things, that we can't handle the disaster we've got now - there's no way we'd be able to cope if another well was to blow. The last section of the ruling (beginning halfway down page 21) is entitled "irreparable harm."

It all seems pretty clear, doesn't it?

The ruling?

The moratorium is arbitrary and capricious. And would cause irreparable harm... to the oil companies.

Some are pointing out that the judge in question owns stock in at least five of the companies involved. I'm personally not as concerned about that. That's five companies out of well over a hundred that he invests in, and he lists the minimum range for four of the five.

In any case, the Obama administration is appealing it. And hopefully reissuing the moratorium, this time with better documentation.
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