Free Markets, Free People

Judge Martin Feldman


Common sense prevails in judge’s decision to overturn drilling moratorium

The common sense is found in the decision of Judge Martin Feldman. In his opinion, all the pertinent and sensible questions that should have been a part of the Obama administration’s decision making process are asked – and, to most, the answers are obvious.

If some drilling equipment parts are flawed, is it rational to say all are? Are all airplanes a danger because one was? All oil tankers like Exxon Valdez? All trains? All mines? That sort of thinking seems heavy handed, and rather overbearing.

Over-reaction is one way those that are risk averse and not used to dealing with a crisis handle situations like this.

Throwing common sense out the window, the administration acted like the potential for another Deepwater Horizon was imminent and only shutting everything down would ensure such an occurrence wouldn’t happen. Yet for thousands of square miles, rig after rig has been producing for years without any sort of comparable problem. In fact, Deepwater Horizon is the outlier in deepwater drilling.

It was also an emotional and political response, instead of fact-based one of which our cool, calm and deliberative President is supposed to be famous. Again the judge sticks it to the administration:

Nonetheless, the Secretary’s determination that a six-month moratorium on issuance of new permits and on drilling by the thirty-three rigs is necessary does not seem to be fact-specific and refuses to take into measure the safety records of those others in the Gulf. There is no evidence presented indicating that the Secretary balanced the concern for environmental safety with the policy of making leases available for development. There is no suggestion that the Secretary considered any alternatives…

Of course he’s talking about Secretary Ken Salazar, but it is understood that this decision to declare a 6 month moratorium on drilling came from the top. Judge Feldman notes the administration’s decision was an arbitrary decision, not one that carefully weighed the facts and safety history of the industry and then made a deliberate decision based in fact. Apparently, as the judge notes, no other alternatives were considered.

Lastly, Judge Feldman chastises the administration about their poorly thought-out decision and the impact it has on those that live in the region:

An invalid agency decision to suspend drilling of wells in depths of over 500 feet simply cannot justify the immeasurable effect on the plaintiffs, the local economy, the Gulf region, and the critical present-day aspect of the availability of domestic energy in this country.

Thankfully the judiciary is looking after the “small people” and their livelihoods even if the administration isn’t. Of course, the administration will appeal this common sense decision.

No surprise there.

~McQ

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