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Economy
Appeals court rejects U.S. request to restore drilling moratorium
2010-07-09
The 5th U.S. Circuit Court of Appeals swiftly denied the U.S. government's request to restore the ban on deepwater drilling while the case is on appeal in a 2-to-1 decision shortly after oral arguments Thursday afternoon.
Nothing say "bitchslap" quite like a federal appeals court ruling on the same day it heard oral argument.
The ruling came as a surprise, because at the conclusion of the hourlong hearing Thursday afternoon, Judge W. Eugene Davis of Lafayette, who was appointed by President Ronald Reagan in 1983,
and a damn fine appointment it was
said the three-judge panel would rule by early next week.
"Fooled you, suckas."
"The secretary has failed to demonstrate a likelihood of irreparable injury if the stay is not granted; he has made no showing that there is any likelihood that drilling activities will be resumed pending appeal," the decision reads.

The ruling, however, did say that the Interior Department can apply for "emergency relief" if it can show that drilling has begun or is about to begin.
In legal terminology, this is known as a "double-dog dare."
The court also announced that although the Interior Department has not asked for the case to be heard on an expedited basis -- something that has been interpreted to mean that the federal government sought to maintain a de facto moratorium by extending the legal limbo of the appeal for as long as possible -- it will hear the full appeal of the merits of the case on an accelerated basis the week of Aug. 30.
"So bring your toothbrush."
Posted by:Matt

#2  I noticed that none of the major oil company's opposed the moratorium. I think it is a very well established legal precedent that the government can not sell oil leases and then impose a moratorium which prevents the oil company's from drilling the leases.

Rather than fight a presidential moratorium the oil company's simply turn around and sue the Interior Department for expenses and lost potential profits and then laugh all the way to the bank. The oil company's have their profits and don't even have to set up a rig.
Thousands of people are put out of work and the states lose billions of dollars in oil revenue.
The oil company's don't care where they drill. They go where ever they can make the most profit.
Posted by: junkirony   2010-07-09 11:46  

#1  The practical effect of this is minimal, since there is a de facto drilling moratorium until this is finally settled in the courts three or four years from now.
Posted by: Anguper Hupomosing9418   2010-07-09 11:35  

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