Federal Judge Overturns 6-month Drilling Moratorium - Government vows quick response
By Mark Fahrenkrug and Lafcadio Darling
On June 2, 2010, U.S. District Judge Martin Feldman ruled that the Federal government had acted in an arbitrary and capricious manner when deciding to impose a deep water drilling moratorium in the Gulf of Mexico, and concluding it therefore could not stand. This ruling was the result of a legal challenge to the moratorium mounted by several parties who work in the oil extraction industry in the Gulf.
In his ruling, Judge Feldman took particular note of disagreement by some members of the panel advising the “National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling,” as to the scientific support for the hazards posed by deep drilling. Based on this finding, the Judge enjoined the moratorium; not surprisingly, the government plans an emergency appeal, which will no doubt ask the 5th Circuit Court of Appeals to enter an injunction until a full appeal can be entertained.
In a statement issued on the same day, U.S. Secretary of the Interior Ken Salazar defended the moratorium, vowing to issue a further moratorium order that addresses the District Court's concerns.
This case not only involves one of the largest environmental and economic disasters in United States history, but also implicates other issues such as separation of powers and the proper role of regulators of activity on public land after permits have been issued but in the face of changing circumstances.
Stay tuned, as this story is bound to quickly develop in interesting ways.
The text of the District Court's ruling can be found here.
