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View Diary: Reagan Era judges kill Obama offshore drilling moratorium (34 comments)

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  •  It definitely won't be the last word (7+ / 0-)


    After Feldman overturned the moratorium on June 22, Salazar announced he would issued a new, refined moratorium that reflects offshore conditions. Justice Department lawyer Michael Gray told the judges that he didn’t know when Salazar would issue the new moratorium.

    "The secretary is looking at a new decision based on new information," Gray said. "It is not tied to this court’s decision."

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    It'll probably all come down to the battle over the above-mentioned new moratorium that is to be issued by Salazar.

    I do, however, find it mind-boggling that federal judges would impede the common sense approach of a temporary moratorium on offshore drilling while we are facing this horrific environmental catastrophe.

    •  They don't care (6+ / 0-)

      about the 'little people' or environment ONLY about the Corporate interest they serve.

      Please vote Democratic in November. If the GOP wins we will all be forced backward another decade, who wants that?

      by Wary on Fri Jul 09, 2010 at 05:45:35 AM PDT

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    •  Federal judges, judges in general, are often poor (2+ / 0-)
      Recommended by:
      Lawrence, skywriter

      judges of technical matters. I too find it a bit weird the judges so far are blind as a similar case might be a lawsuit to force the government to withdraw an airworthiness grounding when a structural or procedural flaw in aircraft operation is brought by aircrew, mechanics, food service vendors or others impacted by a grounding.

      With some of the technically obtuse judgments we have seen related to everything form research matters to internet and communications service I tend to lean toward the need for special courts, similar to admiralty courts, to hear technical cases. Few law students have enough scientific/technical education to prepare them to deal in those matters so they have to rely on "experts" that are too often not truly independent and unbiased.

      By the way, in searching for a specific case of tail structural flaws recently that I alluded to in another comment I found there is nothing new about the efforts of business to brand reasonable safety precautions as "punitive" with an echo of today:

      Croil Hunter, president of Northwest Airlines, promptly called at the Department of Commerce. Considering Northwest's record as prima facie evidence of careful operation, observers regarded the suspension of Northwest's passenger license — not only for its Lockheed 14Hs but for all its ships—as punitive. They guessed that the Department of Commerce, up to its ears in criticism for having approved the fatal ship, would quickly restore Northwest's license, look for another goat. Said Senator Copeland, accident-conscious chairman of the Senate Commerce Committee: "Whether or not the structure of the plane was properly planned is the question and the embarrassing thing is that the plane was approved by the Department."

      This was TIME, Tail Trouble"Monday, Feb. 14, 1938 article and the specific reference above is to a fifteen day suspension of the airlines passenger license after an accident resulting from a major structural failure.

      There is a classic pattern of mercenary, greed driven dismissal by some of even the most reasonable precautions that hurt their pocketbook. They often make the argument they are protecting others' jobs. The syndrome is so common it becomes stock footage in stories such as Jaws.

      I often think a partial cure would be to require those making such claims to put their asses where their mouths are. Mayor, swim each day near sunrise and dusk, prime hunting time if you feel the beach should remain open. Judge, from now on you will hold court on a deepwater rig with safety questions you have cleared to operate over unanswered technical questions.

      The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. [Elbert Hubbard]

      by pelagicray on Fri Jul 09, 2010 at 08:35:34 AM PDT

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