Off shore drilling in the Gulf will continue…sort of

Late this afternoon the United States Circuit Court of Appeals for the Fifth Circuit dealt the Obama administration another blow. Obama’s drilling moratorium in the Gulf which had been declared “illegal” by United States District Court Judge Martin Feldman has now been declared to be “illegal” by the Fifth Circuit.

This, of course, is good news for all who make their livelihood in that industry…from the people who work on the rigs to the people who work in the refineries, to the people who earn their living from those who work on the rigs and who work in the refineries.

Actually, it’s also good news for the American taxpayer.  6% of our nation’s annual GDP comes from Gulf oil production, as does 30% of the oil consumed in this country, not to mention the millions of dollars each year that is paid to the government in the form of royalties from those businesses that drill oil in the Gulf.

But, most rigs have not returned to the Gulf to resume drilling even though Judge Feldman initially lifted the moratorium over two weeks ago, and, they may not now.  Why?

After Feldman overturned the moratorium in June, [Secretary of the Interior] Salazar announced he would issue a new, refined moratorium that reflects offshore conditions. [And, after today’s ruling]Gray, the [Department of] Justice lawyer, said Salazar was still considering crafting a new moratorium.

As Jim would say, that’s certainly stepping on the oxygen hose. 

Well, what the hey, who needs millions in annual royalties, one third of our annual oil consumption and, 6% of our annual GDP anyway.

The BP oil disaster is just that, a disaster.  But, we don’t ban all automobiles because a multi-car pile up on the interstate kills many, or ban all airplanes because a plane crash kills all.  Common sense must govern our decisions.

Somewhere along the line it appears to me, at least, that this administration has forgotten common sense.

Posted in

SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

25 Comments

  1. winnie888 on July 9, 2010 at 2:11 am

    SOS….common sense, obama & his administration…they just do NOT go together!  How's he doin' with coal mining while we're on the subject?  Can we also put a moratorium on terrorists who serve in our military (a la Fort Hood) while we're at it?  How about a moratorium on illegal immigrants sneaking (or outright WALKING) thru our borders?  A moratorium on fed gov suing states who are just trying to enforce federal immigration laws?  AND how about a moratorium on peeps in the DOJ who do NOT read documents? hahahahaha….well, actually it isn't funny.  It's disgusting.



  2. sammy22 on July 9, 2010 at 3:39 am

    If, and pray it does not happen, another disaster hits, this blog will pile onto whichever administration is in charge, common sense or not.



    • Dimsdale on July 9, 2010 at 7:40 am

      Only if they are as tepid in their response and the Øbama administration has been.  Nothing is perfect, and other spill will no doubt happen, but if one is ready and able to contain them, the damage will be minimal.  Otherwise, you can wait 3 months, point fingers, refuse foreign expertise and stymie local solutions.  In other words, the Øbama method.

       

      Consider also, that Venezuela, China, Russia and others will not be restrained from drilling here.  Are their methods better than ours?  Do they have secret expertise that we do not?  An oil spill is an oil spill.



  3. sammy22 on July 9, 2010 at 8:06 am

    Since we don't know what another admin would have done/do (they are not here to do it), it's easy to point fingers at the current one. No doubt BP is relishing all the bad press and anger directed to BP. I wonder who let them drill there w/o the "proper" safeguards/oversee if something went wrong? You're right: an oil spill IS an oil spill. Like Rummy used to say:"Things happen".



    • winnie888 on July 9, 2010 at 11:55 pm

      Sammy22, Obama CONSTANTLY reminds us that he is responsible, that he's "the president"…Whom else are we to hold responsible for getting things moving and to begin paring back the scale of this disaster?  Where does the buck stop in this administration?  With the previous administration?

      I think the very simple fix to prevent this from happening in the future is as follows:  if you have the technology to drill 5,000+ feet underwater, you have to have the technology in place to STOP drilling in 5,000+ feet of water when an accident/emergency occurs.

      I love having the option of turning the water in my house on AND off!!!!  But I also love having HOT water and would be really peeved if it was even more expensive to heat my home this winter than it was last winter.  I'm not usually a conspiracy theorist, but this whole darned thing and Obama's response(?) from the beginning have me actively scratching my head wondering just what he's up to and what will be at the end of this hallway….



    • Dimsdale on July 10, 2010 at 5:09 pm

      SOS nicely addresses the "who inspected what?" question below.    We KNOW how a different administration was treated after Katrina.  We know who was really responsible.  We know that a few days of delayed response by a Republican is almost equal to three months of delayed response by a Democrat.

       

      We can point a finger because the debacle is unfolding before our very eyes, assuming you can dig under the extensive Lindsay Lohan coverage to find it!

       

      "Things" (prefer "stuff") will always happen.  Nothing is perfect, and the liberal goal of a risk free society is so much wishful thinking.  The trick is to have a rapid response, quick triage, and an effective response, mitigating the damage.  That did not happen here, and still isn't.

       

      I am waiting for that magical moment when Øbama realizes that "the buck stops here".



  4. chris-os on July 10, 2010 at 12:52 am

    If common sense is the topic here-and job losses…the Pubs were more than OK with the losses of close to 2 million jobs lost when GM was going bankrupt.

    This is a moratorium, not a permanent ban. The rigs should all be inspected before continuing-period.

    If another rig blows, Jindahl, who is opposing the moratorium, should be held responsible for every bit of oil that defiles his beaches.



    • SoundOffSister on July 10, 2010 at 9:08 am

      All active rigs were reinspected by the federal government immediately after the Deepwater Horizon explosion.  Two rigs were found to have minor violations, and they were corrected.  The rest all passed the reinspection



    • Dimsdale on July 10, 2010 at 5:21 pm

      That is a specious argument.  Nobody is "okay with the losses of close to 2 million jobs".  And didn't GM go bankrupt anyway?  I know a lot of preferred stock holders lost their shirts when Øbama declared their contractual agreements null and void (a real Constitutional scholar, that one).

       

      A moratorium means that these floating rigs will be floated to areas outside of the U.S. rather than sit idle.  It will take considerably more time than six months to get them back, if ever.  In the meantime, every other country that can will be drilling in the Gulf, with all that implies.

       

      The bottom line is that Øbama isn't putting a halt to drilling in the Gulf; he is only putting a halt to drilling by U.S. companies and anyone in U.S. waters.  As the spread of oil by currents, both actual and projected, tell, oil will travel wherever it can.  This is a knee jerk response rather than a thoughtful one, as the courts keep telling him.  And it isn't like he hasn't had time to think it through.



    • Dimsdale on July 10, 2010 at 5:22 pm

      As for holding Jindal responsible for future oil on "his beaches", who is responsible for that oil now?  Obfuscation by the Coast Guard under the guise of "environmental concerns" is missing the forest for the trees.



  5. sammy22 on July 10, 2010 at 4:17 am

    Just my opinion: BP is responsible for the disaster. As to the water faucet analogy, winnie888: cute, but with a difference, I'd say. Faucets have been turned on and off BILLIONS of times. An exploded oil rig with a well 5000 feet below water is a FIRST time occurrence.



    • winnie888 on July 10, 2010 at 12:29 pm

      Sammy, what I was suggesting is that when messing with turning something on, you damned well better make sure that you can turn it off….using some foresight and common sense may have prevented this from being the on-going disaster it is.  And let's face it, Obama sat on his a** for way too long when he should have been attacking this problem head-on immediately.  It doesn't matter whose fault it is…80+ days later.  Has Obama found an a** to kick yet?  Maybe he should be kicking his own for being so glib about this in the beginning.



    • Dimsdale on July 10, 2010 at 5:27 pm

      Hey!  He didn't sit on his ass the whole time!  He played golf too!  (if the president can say it, so can I)  😉



  6. Law-AbidingCitizen on July 10, 2010 at 5:29 am

     

    At least obama doesn't have the courts, or at least some of them, in his pocket, yet. He has both chambers of Congress doing his bidding, but seems to have trouble with the courts!? (He's working on it getting this liberal, socialist Hhhaaaa-vvvaaaddd law school administrator on the Bench — she has NO business being appointed to the Supreme Court, NONE! But, while she is no lawyer, she's organized and, can artfully dodge answering even the most straight-forward questions and raise no controversy!)

    obama is out to destroy this country. I just couldn't get my mind around that concept at first but now see that he is doing EVERYTHING possible to thwart this country moving forward, being a leader in the world community and showing other countries how a responsible Republic takes care of business.

    obama hasn't a clue. I wonder if his daughter is still asking her father, "Did you plug the hole in the Gulf yet?" everyday, hopefully twice or more a day. He hasn't, won't and doesn't care. Talk about a limousine liberal; obama is a true limousine liberal. He loves it; he loves the attention! He has the power and won't use it, share it or let others benefit from it, i.e., Gulf residents dependent on the waters for their livelihoods. But, remember, he wants to confiscate your wealth and give it to those who haven't worked for it. He is easily the WORSE president this country has EVER had.

    At just what point can obama be impeached? But, them we would have v.p. "bite me" as our president. Who knows, he just might be a better leader instead of a pretender?

    obama wants us to be importing all of our oil from his Muslim brothers and his fellow Socialists.

    What I do not understand is while he is foing everything to make this country into a third world nation, he luxuriates in the power. Power suits, power speeches, power presentations, power, power and more power. One would be able to see that he is eroding his own power. Is his destructive, vindictive attitude toward the United States so all encompassing that he would sacrifice himself. That's truly sick!

    obama wants the question of just when the drilling can continue to be an unanswered one; the DOJ will keep flinging suits at every court that will take one of their "cases." As long as that is allowed to be the norm, the rigs will sit idle and will eventually have to be moved to fertile and friendly waters by their owners. Simple economics. I would love to listen-in on the Oval office discussions obama, et al, has with his co-conspirators.

    This is the worst of times, brought to you by the president of the United States, . . . as we are coming up to seventy days since the BP tragedy . . . the White House is still thwarting any and all attempts to resolve the crisis.

    AMERICA HELD HOSTAGE . . . day number ______ (Fill in the blank).

     

     

     



  7. rickyrock on July 10, 2010 at 9:19 am

    First of all let's analyze the situation:1.BP lied about the initial amount of oil leaking into the Gulf …their estimates went from 1000 barrels a day to what we now know to be over 100,000 – 200,000 barrels a day …..huh??2.There was a fifth class action lawsuit filed by Zwerling Schachter ,Zwerling alleging that BP knew of the cementing issues,leaks in the blowout preventer and gas kicks……..this is gross negligence.3.Corexit the dispersant that BP is using is 4 times more toxic than oil  and not approved by the EPA yet they use it anyway …?? ………5.BP needs to be stopped…these lying ,money grubbing pigs are killing off part of this planet.Obama needs to lead and corral these jerks.Sadly I don't think that will happen as BP fed both the Dems and Republicans.

    In conclusion I believe it is prudent and more than reasonable to stop off shore drilling until adequate safe guards are in effect..oil from this leak will be around for many many years to come.Contrary to what your hero Rush said about Alaska's Prince William Sound which was the recipient of the Exxon Valdez oil spill 21 years ago.Rush said "the place is pristine now" ….more bs..According to Exxon Valdez oil spill council "oil persists in the environment and in places is nearly as toxic as it was the first few weeks after the spill"…Sad ………but true ……bs won't make it go away…..Saying that " the ocean will take of this on its own if it was left alone and was left out there.It's natural". More bs…..

    We need responsible safeguards so these jerks don't ruin what little of GOD'S WORLD WE HAVE LEFT.
    http://www.sfgate.com/cgi-bin/blogs/ybenjamin/dethttp://www.politifact.com/truth-o-meter/statement



    • Anne-EH on July 10, 2010 at 2:39 pm

      Do you want your WHINE with your cheese?



    • Dimsdale on July 10, 2010 at 5:34 pm

      I don't recall anyone saying that BP was not responsible for the oil spill.  We are just asking why the U.S. has to be doubly punished by a president guided more by politics than good advice or common sense.

       

      Maybe the former head of the federal Minerals Management Service resigned because they dropped the ball on the Zwerling issue.

       

      Does this mean we will get more nukes now?



  8. weregettinghosed on July 10, 2010 at 11:24 am

    Good Grief! The writing is on the wall. SOS spells it out, clearly we can read what is happening. For those that think another administration would have done the same thing or better yet – what you all want to say is …. well what would Bush have done … well, get over is already! We are sick of your whining. Today is today, it is Obama's turn, he is suppose to be in control and he is NOT. There are experts that have given good advise and all are turned down, the tankers have to be left docked up somewhere in case there is an oil spill – Hello – there is a huge one so where are the tankers? Good Grief! And what are the chances of having more than one? Not likely.

    This guy has an agenda to bring down America to the level of a third world nation so he can have complete control over the people – READ THE WRITING ON THE WALL. He is using the Constitution in the rest rooms at the White House. We had better all get on the same page or buy some flame retardant clothing because the ovens are being warmed up. I am not going there – like many of you I will fight until we win back America.

    The Courts need to know We the People are behind them and any judge that stands up for the Constitution and the people it protects is indeed an Honorable man and we will support him. Stop Obama's agenda. He has stonewalled everything about this Gulf incident, including the inspections – his minions allowed everything – so if it were a faulty valve that a good inspector would have said NO to, then the blame is clearly in the lap of who inspected it, who hired or picked that inspector.

     



  9. sammy22 on July 11, 2010 at 4:41 am

    WOW!! All the foresight and especially common sense is helping a lot in solving a difficult technical problem. I cannot believe that BP is not making use of its own and anybody else resources the best way it knows how.



    • Dimsdale on July 11, 2010 at 4:18 pm

      I thought it was.  It is the Øbama administration that is flailing.  Telling BP to "work faster: is not helping.

       

      The exodus of oil drilling rigs has begun.  Pure genius.



  10. gillie28 on July 11, 2010 at 8:38 pm

    Common sense says that instead of waiting months for an oil company to make another cap for a leaking well, they should, from now on, be required to have spare ones ready to go, anticipating an emergency.

    It is so tragic what has happened – I can hardly bear to look at the news reports because of all the death and destruction it has caused.  I just weep for all the wildlife that has been lost.  Mankind was supposed to be caretakers of this planet and instead we've wound up ruining it.



  11. rickyrock on July 12, 2010 at 2:51 pm

    Yes Obama should have acted decisively and immediately to this disaster…….he did not .

    BP should be held accountable to the highest degree possible ……….they will not.

    This spill should be cleaned up .and the Gulf should be made whole …..it will not.

    This is the worst possible scenario….an administration frozen to the point of inaction,no emergency planning,Democrats and Republicans flush with oil money:(Obama got over 71,000 from BP companies(Mccain got 36,000) in the election cycle of 2006 energy and gas companies contributed 19 million to political campaigns ..82% went to Republicans 18 % went to Democrats.Since 1990 Republicans have received 188.3 million from oil and gas and democrats have received 61.4 million"In 2005 documents revealed that the Bush administration(sorry) had consulted Exxon regarding its stance on the Kyoto protocol.(this relates to the GHG (green house gas emission reduction)."Oil companies also participated with Cheney's task force in a discussion of Iraqi oil fields, refineries and other energy infrastructure,and two charts detailing Iraqi oil and gas projects,and Foreign Suitors for Iraqi Oilfield Contracts".The documents are dated two years before the invasion of Iraq".

    We will never be able to take back our country when those in power are buying our politicians.Oligarchical insanity….Obama's not stealing your country it's already been bought and paid for…….
    http://www.factcheck.org/2010/05/sunday-replay-5/
     



    • Dimsdale on July 13, 2010 at 3:04 am

      While I agree with most of your premise, I think the most telling was the BP contributions in 2008, inasmuch as BP seems to be the center of all of our attention.  It is also the company with the most egregious safety violation record (what was it, something like 7-800 violations to a handful for other oil companies?).

       

      We have to ask: why did BP bet so heavily on Øbama, given the oil companies track record of favoring Republicans?



    • rickyrock on July 13, 2010 at 1:06 pm

      Bp bet heavily on Obama ??? 71,051 ??? as opposed to 36,649 for McCain Palin.Doesn't sound like a big bet to me.The oil industry gave a total of 2.4 million to McCain Palin in contrast to 900,000 given to Obama for the 2008 election ..Facts don't lie, numbers don't lie.The Republicans are up the oil industry's bottom……..
      http://www.politifact.com/truth-o-meter/article/2



    • Dimsdale on July 13, 2010 at 5:33 pm

      But your premise is that the oil companies only support Republicans, or at least send significantly more to the Republicans.  We aren't talking about the oil industry as a whole, which, when compared to BP, has a shining record of safety (and should not be subject to a moratorium, by the way).  The company with the worst record, the one most likely to have an accident like this one, was BP, and they were behind Øbama.

       

      Those are the facts and numbers as supplied by you.  Now you need to tell us why BP bucked the "traditional" preferential funding of Republicans.

       

      I ask you yet again: what did they see in him, what were they promised, what did they think they could get?



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