Obama doubles down: Salazar to issue new order on drilling moratorium

posted at 9:35 pm on June 22, 2010 by Allahpundit

Commenters were yelling in the earlier thread about The One daring to shut down a private company’s operations for safety reasons, but if you read the court’s opinion, you’ll see that that point’s not at issue. It’s not a question of the feds having the power, it’s a question of them needing to provide a compelling reason to exercise that power in light of how much economic damage it’ll do. The judge said their explanation wasn’t good enough to justify a blanket moratorium. Salazar’s response: If it’s an explanation you want, an explanation you shall have.

Interior Secretary Ken Salazar says he will issue a new order imposing a moratorium on deepwater drilling after a federal judge struck down the existing one.

Salazar said in a statement Tuesday evening that the new order will contain additional information making clear why the six-month drilling pause was necessary in the wake of the Gulf oil spill. The judge in New Orleans who struck down the moratorium earlier in the day complained there wasn’t enough justification for it.

Salazar pointed to indications of inadequate safety precautions by industry on deepwater wells. He said he would issue a new order in the coming days showing that a moratorium is needed…

White House spokesman Robert Gibbs said President Barack Obama believes that until investigations can determine why the spill happened, continued deepwater drilling exposes workers and the environment to “a danger that the president does not believe we can afford.”

There’s no limit, presumably, on how many orders he can continue to issue if the court keeps finding that his justifications for the moratorium are insufficient, but since he’s likely to kitchen-sink the next one, I doubt we have to worry about a third, fourth, or fifth go-round. Who knows? Maybe this time he’ll even cite some experts who agree with him.

While we await the new order, via the Right Scoop, enjoy Rahm revisiting one of his greatest hits while he and Charlie Rose entertain the tedious leftist pipe dream of “clean energy.”


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Comment pages: 1 2

crr6 on June 22, 2010 at 10:29 PM

You mean like this, Skippette?

“Much to the government’s discomfort and this Court’s uneasiness, the summary also states that ‘the recommendations contained in this report have been peer-reviewed by seven experts identified by the National Academy of Engineering.’ As the plaintiffs, and the experts themselves, pointedly observe, this statement was misleading,” Judge Feldman said in his 22-page ruling.

kingsjester on June 22, 2010 at 10:32 PM

This stuff has got to stop. I check HA every few hours and each time this crap is getting worse. I haven’t even had my obama supporting in laws over for dinner in more than 6 months because I am afraid I will say or do something very bad and then be in trouble w/the wife.

arnold ziffel on June 22, 2010 at 9:46 PM

I know how you feel, since the election I have tried to enlighten my brother and his family with youtube vids showing admin officials saying in their own words what they refuse to belaive is possible, they seek to maintain their blissful ignorance by refusal to even watch. I have given up on them entirely (yours are inlaws so no such option available) so I have disowned he and his as I no longer care for their company.

My bro and I were very close when young, but for me this blind ideological fealty in the face of all reality is just a bridge too far, I find that I truly do not not even remotely care if I speak to my brother again. The events of
April 12, 1861 led to the sad circumstance of brother against brother in a bloodbath like this nation has never seen since, I truly hope to not see a repeat of that, but I become less convinced we will avoid doing so with each day.

God help us all.

Archimedes on June 22, 2010 at 10:29 PM

My mother and I dont speak anymore about Obama…Libtard

MCW on June 22, 2010 at 10:32 PM

I’m waiting for the day when Obama starts ignoring court decisions entirely in the name of what’s best for the masses.

amerpundit on June 22, 2010 at 9:40 PM

Oh, we can’t be that far from it. Why does Obama even need congress? And who will care? He had no authority to fire the GM CEO, and yet the guy walked out and nobody complained much. He is only going to do more and more. If the Pubs win congress, expect a real all out war then, and it’ll start the day after the election. If the Republicans win, I say it’s a 50/50 enough of them will actually get sworn in to take control of congress. How many elections will they need to have tied up in the courts to keep Democrats in power? No one in the media will care.

Just take all that has happened so far this past year and a half, then multiply it over the next 2 years. How can there possibly be a Democracy left by 2012?

And don’t forget, there is only one thing,,, just one thing that has really been an obstacle to Obama. The internet. We all rely in it for our news, from talk radio to the bogs. When he hits the kill switch, what then?

Seriously, think about how our lives will change when all we have for news is the mainstream media.

JellyToast on June 22, 2010 at 10:33 PM

When are the Libtards that voted for this A$$hole going to admit they made a mistake

MCW on June 22, 2010 at 10:33 PM

The judge was basically asking for it. He wanted more substance to support the moratorium and the administration will give it to him.

crr6 on June 22, 2010 at 10:13 PM

Keewwlll…

Can’t wait for the Administration to go before a judge and explain this.

Seven Percent Solution on June 22, 2010 at 10:37 PM

will contain additional information

Directly from the desk of the Center for American progress. Even with the letterhead on it.

tjexcite on June 22, 2010 at 10:37 PM

When he hits the kill switch, what then?
JellyToast on June 22, 2010 at 10:33 PM

If he hits the kill switch we will lose our VOIP, cable news (Fox), and my scanner will be tuned to public service frequencies so I will know when to hunker down.

fourdeucer on June 22, 2010 at 10:40 PM

Ignore the moratorium.

Simple as that. Barry won’t do squat, and if he tries to, he’ll lose.

Christien on June 22, 2010 at 10:44 PM

When he hits the kill switch, what then?
JellyToast on June 22, 2010 at 10:33 PM

Then having had the first amendment usurped it is incumbant upon all patriots to exercise their second amendment rights to regain their first!

dhunter on June 22, 2010 at 10:44 PM

Keewwlll…

Can’t wait for the Administration to go before a judge and explain this.

Seven Percent Solution on June 22, 2010 at 10:37 PM

That….is not remotely relevant to this case. You do realize that, right?

So are you just randomly spamming links that aren’t remotely related to the topic?

crr6 on June 22, 2010 at 10:49 PM

My mother and I dont speak anymore about Obama…Libtard

MCW on June 22, 2010 at 10:32 PM

Add my brother and I to the list of relationships that has been hurt by Obama. Obama makes people into drones. It is truly a cult.

Ampersand on June 22, 2010 at 10:53 PM

Makes sense to me

simply put, are there similar problems with other rigs?

Sonosam on June 22, 2010 at 10:54 PM

That….is not remotely relevant to this case. You do realize that, right?

So are you just randomly spamming links that aren’t remotely related to the topic?

crr6 on June 22, 2010 at 10:49 PM

You claiming it isnt doesnt make it so, any more than you claiming to be a lawyer makes that so.

doriangrey on June 22, 2010 at 10:56 PM

It’s not “inside baseball” sh*t. It’s “I read the actual legal opinion rather than making trite, knee-jerk, reactionary comments” sh*t.

crr6 on June 22, 2010 at 10:29 PM

The judge was basically asking for it. He wanted more substance to support the moratorium and the administration will give it to him.

crr6 on June 22, 2010 at 10:13 PM

You know this how? Or are you just making assumptions again

hillbillyjim on June 22, 2010 at 10:56 PM

Louisiana child:
“Daddy, did you lose your job because the President couldn’t plug the hole?”

Louisiana father:
“No, cher, I lost my job because the President HATES US.”

cane_loader on June 22, 2010 at 10:57 PM

WHY WON’T THIS PRESIDENT LEAVE OUR STATE ALONE?

WE ARE BEING PERSECUTED!

cane_loader on June 22, 2010 at 10:58 PM

THIS IS LIKE NEIGHBORS TRYING TO PUT OUT A FIRE AND THE LOCAL FIRE CHIEF PULLS UP IN HIS CROWN VIC AND INSTEAD OF HELPING, STARTS BEATING THE NEIGHBORS WITH A FRYING PAN AS THEY HOLD THE HOSE

cane_loader on June 22, 2010 at 11:01 PM

I am within my rights to say that I hate the president.

cane_loader on June 22, 2010 at 11:02 PM

I’m not going to DO anything to the president, but enough is enough. I hate the guy, and many of us on the Gulf Coast now feel this way.

cane_loader on June 22, 2010 at 11:03 PM

You know this how? Or are you just making assumptions again

hillbillyjim on June 22, 2010 at 10:56 PM

I know this because I read the f*cking opinion. Jesus Christ man.

The judge was reviewing it under an “arbitrary and capricious” standard. Essentially, if there was some sort of rational basis in the administrative record for the moratorium, he was bound to deny the plaintiffs’ preliminary restraining order. He didn’t find any rational basis…or more accurately, he didn’t find that the administration had supported the order with enough facts. If they provide more of a factual basis in this new order, he’ll be bound to uphold it (that is, as long as he follows the relevant legal standard).

Now if you disagree, explain why, and cite to the case itself. Otherwise, continue posting robotic, meaningless wingnutty comments as per usual.

crr6 on June 22, 2010 at 11:05 PM

I’m not going to DO anything to the president, but enough is enough. I hate the guy, and many of us on the Gulf Coast now feel this way.

cane_loader on June 22, 2010 at 11:03 PM

Sadly buyers remorse wont correct that fact that 52% of Americans voted for this Manchurian President.

doriangrey on June 22, 2010 at 11:07 PM

Now if you disagree, explain why, and cite to the case itself. Otherwise, continue posting robotic, meaningless wingnutty comments as per usual.

crr6 on June 22, 2010 at 11:05 PM

How about you quit lying your ass off and claiming to be a lawyer, you’re not, you are just a lying liberal douche bag. You dont have the slightest clue what you are talking about so quit pretending you do.

doriangrey on June 22, 2010 at 11:09 PM

If they don’t present some actual EVIDENCE there’s reason to believe other wells are risky, the judge should reject it and tell them the next order will be in contempt of court.

Better yet – consider this next order contempt of court.

Daggett on June 22, 2010 at 11:10 PM

How about you quit lying your ass off and claiming to be a lawyer, you’re not, you are just a lying liberal douche bag.

doriangrey on June 22, 2010 at 11:09 PM

You’re right, I’m not a lawyer. I’ve never claimed to be one. I’m a law student.

crr6 on June 22, 2010 at 11:11 PM

Can someone please explain what they heck this moratorium is for? I thought it was to inspect existing wells but if that’s the reason then why not do it one well at a time? None of this is logical.

Cindy Munford on June 22, 2010 at 11:11 PM

You’re right, I’m not a lawyer. I’ve never claimed to be one. I’m a law student.

crr6 on June 22, 2010 at 11:11 PM

First f’ing semester, you are guilty of misrepresentation. You dont know jack $hit about anything. Claiming that you do is a bald faced lie.

doriangrey on June 22, 2010 at 11:14 PM

First f’ing semester, you are guilty of misrepresentation. You dont know jack $hit about anything. Claiming that you do is a bald faced lie.

doriangrey on June 22, 2010 at 11:14 PM

You seem upset.

crr6 on June 22, 2010 at 11:15 PM

Can someone please explain what they heck this moratorium is for? I thought it was to inspect existing wells but if that’s the reason then why not do it one well at a time? None of this is logical.

Cindy Munford on June 22, 2010 at 11:11 PM

The moratorium exists for the sole purpose of shutting down all offshore drilling by America and allowing Obama to nationalize the Oil industry.

doriangrey on June 22, 2010 at 11:17 PM

You seem upset.

crr6 on June 22, 2010 at 11:15 PM

And you are a liar.

doriangrey on June 22, 2010 at 11:17 PM

And you are a liar.

doriangrey on June 22, 2010 at 11:17 PM

lol. I’m sorry you’re upset with your life right now. But there’s no need to take out your frustrations on others.

crr6 on June 22, 2010 at 11:19 PM

This moratorium is to destroy the gas- and oil-based ecomony of the state of Louisiana, for political reasons.

Full stop.

The president has declared war upon my homeland.

cane_loader on June 22, 2010 at 11:20 PM

doriangrey, you are a gentleman and a scholar! ;-) Jinx!

cane_loader on June 22, 2010 at 11:22 PM

doriangrey on June 22, 2010 at 11:17 PM

Normally I might think that was a touch extreme but the fact that it doesn’t make sense and he lied about expert testimony I have to agree it looks suspect.

Cindy Munford on June 22, 2010 at 11:22 PM

lol. I’m sorry you’re upset with your life right now. But there’s no need to take out your frustrations on others.

crr6 on June 22, 2010 at 11:19 PM

I’m not upset with my life, I’m upset that you keep trying to lie to people here.

doriangrey on June 22, 2010 at 11:22 PM

At least with Katrina, we Louisianans felt that we could pull out of it with our own hard work, New Orleans aside..

But this is beyond the pale. We’re sitting here waiting to see if our economy lives or dies, based on the arbitrary word of a tyrant in Washington. This is a feeling of complete powerlessness.

cane_loader on June 22, 2010 at 11:24 PM

Can someone please explain what they heck this moratorium is for? I thought it was to inspect existing wells but if that’s the reason then why not do it one well at a time? None of this is logical.

Cindy Munford on June 22, 2010 at 11:11 PM

Nothing that has happened in the last 18 months with the Obama administration has been logical…

Anything he can do to “fundamentally” change this country appears to be his motivation for any action.

His excuse for the moratorium is to not allow any drilling until it can be guaranteed that a spill such as has taken place will not happen again.

WhoU4 on June 22, 2010 at 11:25 PM

I’m not upset with my life,

Good, good dorian. That’s the first step to recovery. Now just keep repeating that to yourself.

I’m upset that you keep trying to lie to people here.

doriangrey on June 22, 2010 at 11:22 PM

haha. Ok honey. Apparently me making factual statements about my life makes your head explode (presumably because you’re a failure) sooooooooo….

I need to go to bed now. Because I need to get up for my job as an extern for a federal judge tomorrow morning.

G’night.

crr6 on June 22, 2010 at 11:26 PM

So in summary, I feel that the president of the United States of America has declared war on the states of Arizona and Louisiana.

His arbitrary actions, so blatantly inimical to our interests, and so devoid of any common American sense, are un-American to their core.

His term must end.

cane_loader on June 22, 2010 at 11:29 PM

I need to go to bed now. Because I need to get up for my job as an extern for a federal judge tomorrow morning.

G’night.

crr6 on June 22, 2010 at 11:26 PM

Just another one of your lies.

doriangrey on June 22, 2010 at 11:30 PM

He didn’t find any rational basis…or more accurately, he didn’t find that the administration had supported the order with enough facts.

for someone who claims to have read the opinion you dont seem to understand what the judge said. he found the “facts” supporting the order weren’t factual!

chasdal on June 22, 2010 at 11:36 PM

WhoU4 on June 22, 2010 at 11:25 PM

I think we know that there are no guarantees. The fact that he fudged the expert findings says it all for me.

Cindy Munford on June 22, 2010 at 11:44 PM

I need to go to bed now. Because I need to get up for my job as an extern for a federal judge tomorrow morning.
G’night.
crr6 on June 22, 2010 at 11:26 PM

Make sure you give him/her an hj/bj/lj as circumstances warrant for all ur HA fans.

arnold ziffel on June 22, 2010 at 11:49 PM

Jesus Christ man.
crr6 on June 22, 2010 at 11:05 PM

I’m sorry you’re upset with your life right now. But there’s no need to take out your frustrations on others.

crr6 on June 22, 2010 at 11:19 PM

Saith the pot to the keddle.

BTW: If you interpret Judge’s opinions as well as you did the question that generated your JC comment then you shouldn’t be in law school. While I admit I was only a lowly science major in undergraduate work and a project engineering major in Grad school even I understood the question to be how do you know the Administration has additional information that will sway the Judge?

chemman on June 22, 2010 at 11:54 PM

The oil industry has an easy counter for this. They jump through thousands of government hoops before they can drill. All of those forms signed by MMS approving oil drilling operations, and clean bill of health from various government inspections or safety tests, will be a major obstacle for Administration efforts to keep the drilling stopped.

If the WH was smart, they’d realize that having oil rigs stopping and starting operations is bad news. Unsealing and sealing wells are dangerous parts of the operation. A wise President finds some honest inspectors, sends them out to the oil rigs, and lets operations continue. Appoint a couple of IGs to go through MMS records and take a closer look at any rigs that seem to be running fast and loose. But don’t just shut ‘em all down.

hawksruleva on June 22, 2010 at 11:55 PM

hawksruleva on June 22, 2010 at 11:55 PM

If the WH was smart we wouldn’t be in this mess in the first place.

chemman on June 23, 2010 at 12:03 AM

hawksruleva on June 22, 2010 at 11:55 PM

That makes sense, so of course it will never happen.

Mini-14 on June 23, 2010 at 12:12 AM

Hey Rahm: It’s not just at home that you are called an idiot….and much worse.

Mallard T. Drake on June 23, 2010 at 12:16 AM

If the WH was smart we wouldn’t be in this mess in the first place.

chemman on June 23, 2010 at 12:03 AM

Oh please don’t deceive yourself, the people doing this aren’t just smart, they are brilliant. The problem isnt that they aren’t smart, it’s that the vast majority of Americans absolutely refuse to accept what this Administrations goals are.

Their goal, is to 1) make America a Marxist/socialist nation and 2) remove America’s predominate position in the world.

doriangrey on June 23, 2010 at 12:20 AM

I’m reminded of one of history’s responses to Obamaniacal efforts at tyranny. It begins: “When in the course of human events…..”

viking01 on June 23, 2010 at 12:33 AM

When are the Libtards that voted for this A$$hole going to admit they made a mistake

MCW on June 22, 2010

Ummm, never. That would mean they were wrong. That they aren’t super intelligent and insightful. That they aren’t superior to others. That they would have to face reality.
Denial of reality and narcissism are major characteristcs of liberals.

Hard Right on June 23, 2010 at 12:49 AM

“Gird your loins”, as that famous intellect once said.

hillbillyjim on June 22, 2010 at 9:51 PM

I prefer ‘fill your hands you son of a b!tch!’

Fighton03 on June 23, 2010 at 12:50 AM

Ummm, never. That would mean they were wrong. That they aren’t super intelligent and insightful. That they aren’t superior to others. That they would have to face reality.
Denial of reality and narcissism are major characteristcs of liberals.

Hard Right on June 23, 2010 at 12:49 AM

Exactly what we are dealing with are the same people who in spite of the evidence of 60 some failed communist regimes insist that communism will work if the right people implement it correctly.

doriangrey on June 23, 2010 at 1:06 AM

crr6 on June 22, 2010 at 11:05 PM

In other words, “We’re right; we just haven’t told you why yet.”

Ok. I got it.

Dickford Jr.

hillbillyjim on June 23, 2010 at 1:20 AM

Oh! Ye of little faith. We will have more than enough clean energy emanating from the divine-aura of “The One” to run everyones air conditioners and cars.

Remember, the seas will subside and the planet will start to heal…

Thrill up your leg…

shorebird on June 23, 2010 at 1:21 AM

well Petrobras will take those eevil rigs off Obamas hands. (FD-I own a couple shares of Petrobras)Glenn Beck was railing about Brail stealing our oil production today.

LA will lose thousands of jobs and the economy that runs on oil will stutter and grind to a halt. Gas will be 5-6.00 within 2 years. Obama will reap it in time for his reelection.

they are killing the economy in every conceivable way.

ginaswo on June 23, 2010 at 1:38 AM

This moratorium is to destroy the gas- and oil-based ecomony of the state of Louisiana, for political reasons.

Full stop.

The president has declared war upon my homeland.

cane_loader on June 22, 2010 at 11:20 PM

I think you’re right. I presume you mean the nation and not just Louisiana. How do we bring up legal charges against the President that will stick?

Our political propaganda needs to say he is raising taxes on the middle class and poor by forcing energy prices up, which raises the cost of everything else.

scotash on June 23, 2010 at 1:50 AM

When are the Libtards that voted for this A$$hole going to admit they made a mistake

MCW on June 22, 2010 at 10:33 PM

Ummmm, never? The way the government is running is exactly what they envisioned. They see nothing wrong. And whatever negative things they can see, it’s all Bush’s fault and Obama hasn’t been given enough time to fix it.

Never underestimate the power of stupidity.

ButterflyDragon on June 23, 2010 at 1:55 AM

An odd mix of Marxist/hate America ideology and thievery.

We shouldn’t be so upset-they’ve been working to set up this pile of despotic Socialist dung for longer than I’ve been around, but few paid any attention and many don’t even to this day.

Dr. ZhivBlago on June 23, 2010 at 2:05 AM

I find it fascinating that Obama and his cohorts don’t seem to comprehend exactly what “severe economic damage” means. Unfortunately, if they’re paying attention, they’ll get quite the demonstration in 2011.

Severe Economic Damage means government entitlements spinning out of control (moreso than they already are) as thousands (possibly millions) more are forced onto public services by prolonged unemployment. It means ghost towns and cities, increased crime, and many people going hungry. Worst of all, it means a snowball effect, as all middle-class disposable income dries up and non-essentials become unaffordable, sending entire industries out of business. In the true sense, the one that no one will admit to until some time late next year, most likely, severe economic damage means depression, because a prolonged drilling moratorium will be our Smoot-Hawley.

Of course, that won’t bother our kobe-beef-and-arugula-eating overlords in Washington, will it? No, as long as it swells the ranks of Democrat voters, widespread misery doesn’t matter. Let them eat cake.

(Sorry, I’m overly dramatic tonight.)

Animator Girl on June 23, 2010 at 2:43 AM

The good news is, that there are federal judges with a clue.

Slowburn on June 23, 2010 at 5:07 AM

we can see this happen again with the arizona law or with the healthcare lawsuits coming down the pike…

I won…period, end of story, deal with it…

cmsinaz on June 23, 2010 at 5:49 AM

The good news is, that there are federal judges with a clue.

Slowburn on June 23, 2010 at 5:07 AM

I hope they will endure. The thing is, when the internet kill switch gets used, how is anybody going to know what the facts are about anything? FBI raids? Arrests? Court rulings?

Just look at what they are doing during the day. Imagine what they will do when it is night.

JellyToast on June 23, 2010 at 6:36 AM

One of the major points brought up in the court decision as a basis for this is from citing prior SCOTUS decisions in this realm (p. 13):

Indeed, because the Court’s concern is with the rationality of the agency’s decision making, “post hoc explanations . . . are simply an inadequate basis for the exercise of substantive review of an administrative decision.” United States v. Garner, 767 F.2d 104, 117 (5th Cir. 1985). Those principles will set the parameters of merits-resolution.

This is part of a ‘whole record’ examination of all the facts behind an action taken by an agency. The entire record of regulations for a given area, plus substantive overview and oversight done by the agency, and then what those prior findings were before issuance of any order under the regulation must be performed to get a judicial finding.
The court has done that in this case as seen a couple of pages before that section (in pp. 2-3):

A thirty-day examination was conducted in consultation with respected experts from state and federal governments, academic institutions, and industry and advocacy organizations. On May 27, 2010 the Secretary issued a Report, which reviews all aspects of drilling operations and recommends immediate and long term reforms to improve drilling safety. In the Executive Summary to the Report, the Secretary recommends “a six-month moratorium on permits for new wells being drilled using floating rigs.” He also recommends “an immediate halt to drilling operations on the 33 permitted wells, not including relief wells currently being drilled by BP, that are currently being drilled using floating rigs in the Gulf of Mexico.” Much to the government’s discomfort and this Court’s uneasiness, the Summary also states that “the recommendations contained in this report have been peer-reviewed by seven experts identified by the National Academy of Engineering.” As the plaintiffs, and the experts themselves, pointedly observe, this statement was misleading. The experts charge it was “misrepresentation.” It was factually incorrect. Although the experts agreed with the safety recommendations contained in the body of the main Report, five of the National Academy experts and three of the other experts have publicly stated that they “do not agree with the six month blanket moratorium” on floating drilling. They envisioned a more limited kind of moratorium, but a blanket moratorium was added after their final review, they complain, and was never agreed to by them. A factor that might cause some apprehension about the probity of the process that led to the Report.

The draft reviewed by the experts, for example, recommended a six-month moratorium on exploratory wells deeper than 1000 feet (not 500 feet) to allow for implementation of suggested safety measures.

The Report makes no effort to explicitly justify the
moratorium: it does not discuss any irreparable harm that would warrant a suspension of operations, it does not explain how long it would take to implement the recommended safety measures. The Report does generalize that “[w]hile technological progress has enabled the pursuit of deeper oil and gas deposits in deeper water, the risks associated with operating in water depths in excess of 1,000 feet are significantly more complex than in shallow water.”

Given this review of the facts as background (and that is only one section of the review) the government cannot justify a 500 foot blanket ban across the entire industry. It could put a ban on BP, for example, and justify that. It might put a safety review into place with a temporary moratorium on 1,000 foot wells to ensure compliance with safety regulations. But the form of blanket ban being proposed does not meet up to the rational connection standard between facts and action, which the court specifically cites in prior case law.

That rational connection standard is far different than arbitrary, capricious, an abuse of discretion or not otherwise in accordance with the law standard. It falls into line with the “whether the decision was based
on a consideration of the relevant factors and whether there has been a clear error of judgment.” Although such reviews are narrow they “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.’”

It is the line of documentation, regulations, and prior work done by the agency involved that then brings into question the post hoc review and its being factually incorrect. The court examined that review and characterized the number of times of being factually incorrect as a ‘pattern’. When such a document used as justification has a pattern of being factually incorrect, then the government will find it difficult, if not impossible, to base its position on that document and must find other basis for the action taken prior to its being taken.

Ken Salazar may be able to get a report put together, but if it falls along the exact, same lines as the factually incorrect one, then he is liable to stumble into the capricious standard of wanting to take an action that has not been justified and is seeking any rationale to justify it. That can also be seen as arbitary and an abuse of discretion to not narrowly craft decisions based on the facts of a problem and solutions presented. The narrow crafted review is what the experts signed off on: 1,000 foot moratorium to review safety standards. The 500 foot moratorium is unjustified. Indeed one hopes that BP has had a moratorium on its drilling operations put in place, and if that simple injunction hasn’t been done, then Salazar will have problems putting forward ANY remedy that is blanket as he refuses to take the narrow crafted approach of having actions in accord with facts.

ajacksonian on June 23, 2010 at 7:00 AM

Salazar (the hat) is an idiot!!!!

yoda on June 23, 2010 at 7:19 AM

“….President Barack Obama believes that until investigations can determine why the spill happened, continued deepwater drilling exposes workers and the environment to “a danger that the president does not believe we can afford.”

We can’t afford anything he wants to do. Why in hell does he NOW have concern about what we can afford??

TugboatPhil on June 23, 2010 at 7:22 AM

I prefer ‘fill your hands you son of a b!tch!’

Fighton03 on June 23, 2010 at 12:50 AM

Absolutely one of the best movie lines of all time (True Grit). Poor Duke, can you imagine how he’s spinning in his grave over the deterioration of his once great country?

Tim Zank on June 23, 2010 at 7:23 AM

Interior Secretary Ken Salazar says he will issue a new order imposing a moratorium on deepwater drilling after a federal judge struck down the existing one.

And I hope the judge strikes down the new moratorium. And the next one after that! And the next one! And the next one! Until Salazar says screw this and becomes the next cabinet member to tender his resignation.

pilamaye on June 23, 2010 at 7:39 AM

I know this because I read the f*cking opinion. Jesus Christ man.

crr6 on June 22, 2010 at 11:05 PM

You seem upset.

crr6 on June 22, 2010 at 11:15 PM

But there’s no need to take out your frustrations on others.

crr6 on June 22, 2010 at 11:19 PM

Irony is lost on this little one.

fossten on June 23, 2010 at 7:41 AM

Awww… poor widdle Barry was told “No” by another branch of government. About time one of the other branches stood up to this dictator wanna-be.

CC

CapedConservative on June 23, 2010 at 8:09 AM

I need to go to bed now. Because I need to get up for my job as an extern for a federal judge tomorrow morning.
G’night.
crr6 on June 22, 2010 at 11:26 PM

What time do you have to have the coffee ready? I hope you’re better at that than what you write here.

gitarfan on June 23, 2010 at 8:14 AM

Wow, what a thread. Looks like crr6 is doing his/her usual.

But there’s one thing it looks like everyone has missed.

What is it, you ask?

Glad you asked.

It’s that lil’ spot o’ drillin’ that CHINA is doing in the Keys, just over the line in Cuban waters.

Yanno, about 45 miles south of the Florida Keys.

Drilling over which Obambi (and by extension, the Left) has NO control.

NONE.

So what will they do, once Obambi kills off oil drilling by US companies in the Gulf, when that CHINESE OIL RIG has a blowout and coats the entire frickin’ Florida Keys in tarry, goopy, icky oil???

C’mon, crr6, let me have it. Will Obambi sue the Cubans and Chinese???

Hmmmm…

Wanderlust on June 23, 2010 at 8:46 AM

How many states has Obuma declared war on in their best interests? Only just a matter of time before the needless killing of American citizens and troops begins caused by his total incompetence.

volsense on June 23, 2010 at 8:48 AM

Wow, what a thread. Looks like crr6 is doing his/her usual.
But there’s one thing it looks like everyone has missed.
What is it, you ask?
Glad you asked.
It’s that lil’ spot o’ drillin’ that CHINA is doing in the Keys, just over the line in Cuban waters.
Yanno, about 45 miles south of the Florida Keys.
Drilling over which Obambi (and by extension, the Left) has NO control.
NONE.
So what will they do, once Obambi kills off oil drilling by US companies in the Gulf, when that CHINESE OIL RIG has a blowout and coats the entire frickin’ Florida Keys in tarry, goopy, icky oil???
C’mon, crr6, let me have it. Will Obambi sue the Cubans and Chinese???
Hmmmm…
Wanderlust on June 23, 2010 at 8:46 AM

No

he will send another couple of bil to petrobras to drill deeper

I hope this ass in chief breaks his neck on the wh stairs

Sonosam on June 23, 2010 at 9:21 AM

Isn’t doing an end run around the judge’s decision rather than through the appellate process contempt of court?

Tyranny, thy name is Obama.

riverrat10k on June 23, 2010 at 9:42 AM

An odd mix of Marxist/hate America ideology and thievery.

We shouldn’t be so upset-they’ve been working to set up this pile of despotic Socialist dung for longer than I’ve been around, but few paid any attention and many don’t even to this day.

Dr. ZhivBlago on June 23, 2010 at 2:05 AM

It’s kind of a pseudo-random mix of Marxism, cultural rebelliousness, personal irresponsibility, group identity, and general corruption, all patched together with the assumption that somehow it all works.

Count to 10 on June 23, 2010 at 9:44 AM

The most infuriating thing about Rahm is not what he says, but the way he says it — as if taking away the livelihood of millions of people, while further impoverishing middle-class America with a hike in energy rates is no bigger deal than getting bubblegum off your shoe.

He’s the epitome of what’s wrong in DC.

Nichevo on June 23, 2010 at 9:44 AM

Quick! Pour some gasoline on that fire oil rig disaster to put it out!

bitsy on June 23, 2010 at 9:49 AM

Unexpectedly, the Obama administration is behaving foolishly.

riverrat10k on June 23, 2010 at 9:50 AM

Doubling down or all in? Mixed gambling metaphors, AP.

trapeze on June 23, 2010 at 10:21 AM

The events of
April 12, 1861 led to the sad circumstance of brother against brother in a bloodbath like this nation has never seen since, I truly hope to not see a repeat of that, but I become less convinced we will avoid doing so with each day.

God help us all.

Archimedes on June 22, 2010 at 10:29 PM

They had YouTube in 1861? Maybe something like FDR’s speeches on TV in 1929, a la Joe Biden?

Steve Z on June 23, 2010 at 10:27 AM

Add my brother and I to the list of relationships that has been hurt by Obama. Obama makes people into drones. It is truly a cult.

Ampersand on June 22, 2010 at 10:53 PM

Give them a break, it is embarassment.

barnone on June 23, 2010 at 10:47 AM

I hope this ass in chief breaks his neck on the wh stairs

Sonosam on June 23, 2010 at 9:21 AM

As I have said in the past. The line of Presidential sucession is Biden, Pelosi, Byrd, Clinton then Geitner.
Long live President Obama.

barnone on June 23, 2010 at 10:50 AM

I’ll take Biden anyday

Sonosam on June 23, 2010 at 10:57 AM

The judge was basically asking for it. He wanted more substance to support the moratorium and the administration will give it to him.

crr6 on June 22, 2010 at 10:13 PM

The Administration basically lied about the experts opinions on a moratorium, and the judge called them out on that. So if they had to lie as a basis for their decisions, we’ll just have to wait and see what they come up with, for an excuse a second time around.

Either way, you are obviously, a die hard Obama supporter, and thus….your brain cells are incapable of letting you have an intelligent, or independent thought. Why waste your time here? Do you really think you accomplish anything?

Oh, and you really should stop salivating at the thought of hundreds of thousands losing jobs over this. The drool is really unbecoming.

capejasmine on June 23, 2010 at 11:24 AM

Did anyone else notice that crr6 pointedly ignored this reply?

crr6 on June 22, 2010 at 10:29 PM

You mean like this, Skippette?

“Much to the government’s discomfort and this Court’s uneasiness, the summary also states that ‘the recommendations contained in this report have been peer-reviewed by seven experts identified by the National Academy of Engineering.’ As the plaintiffs, and the experts themselves, pointedly observe, this statement was misleading,” Judge Feldman said in his 22-page ruling.

kingsjester on June 22, 2010 at 10:32 PM

Probably because it suggests that His Lordship’s new executive order will be as bogus as the last one.

Spiny Norman on June 23, 2010 at 2:38 PM

Oh, and you really should stop salivating at the thought of hundreds of thousands losing jobs over this. The drool is really unbecoming.
capejasmine on June 23, 2010 at 11:24 AM

the same pos lefties who would of wooped it up if their fifth column activities helped turn Iraq into a bloody civil war with radicals left in charge and innocent Iraqis paying the highest price

oh how they would have loved that just so they could simply add to the narrative that GWB was wrong

well hecwas right and as a result we have been able to identify the cancers in our culture

eff the lbs who are either devious or dumb with the latter providing the bulk

they can all drop effin dead with their fake piousness as their epitath

certain miscreants aren’t happy with their own miserable lives unless they force the same on others

eff obama and the scum that made this modern day monster

Sonosam on June 23, 2010 at 5:36 PM

All along I have been thinking this has to be sheer stupidity but there was always something that bothered me about the whole thing until I saw Glenn Beck the other day talking about George Soros, BP, John and Tony Podesta and Petrobras. I did some home work added it to a post I just read. It isn’t ineptitude, it’s cunning in ineptitude clothing. Have a look:

http://powip.com/2010/06/big-oil-maneuvering-and-vestiture/

http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/the-bp-lobbyist-whose-brother-has-obamas-ear-96299254.html

http://dailycaller.com/2010/06/22/what-people-pay-tony-podesta-1000-an-hour-to-do/

LarryG on June 23, 2010 at 11:45 PM

Of course it’s a George Soros play to enrich Petrobras. I really don’t get Soros other than he’s another anti-Christ. The SOB is what, 79 years old? Georgie baby, you’re an old fart on borrowed time. Give it rest, you’ve destroyed enough lives already……

adamsmith on June 24, 2010 at 6:44 AM

Of course it’s a George Soros play to enrich Petrobras. I really don’t get Soros other than he’s another anti-Christ. The SOB is what, 79 years old? Georgie baby, you’re an old fart on borrowed time. Give it rest, you’ve destroyed enough lives already……

adamsmith on June 24, 2010 at 6:44 AM

x100! Amen brother! What his end game!

JeffVader on June 24, 2010 at 11:10 AM

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