A repository for Marcospinelli's comments and essays published at other websites.

Gulf Oil Spill And Energy Bill: Does Proposed Legislation Go Far Enough In Reducing Oil Dependence

Thursday, June 24, 2010


There's the law, and then there's politics.



==The Federal government is allowed to temporarily prohibit any activity that causes a "threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), to property, to any mineral deposits... or to the marine, coastal, or human environment." (OCSLA s. 1334(a)(1)). A decision to suspend activity under this act can only be set aside if the decision is "arbitrary, capricious, an abuse of discretion, or not otherwise in accordance with law." (5 U.S.C. s.706(2)(a)).



The Supreme Court has found that a decision is "arbitrary and capricious" if it relied on factors not contemplated by Congress, ignored an important part of the problem at hand, ignored evidence to the contrary or came up with a decision that is so implausible it could not be attributed to a difference of opinion within the agency (State Farm, 463 U.S. 43).==



http://www.huffingtonpost.com/emma-rubysachs/courts-decision-to-overtu_b_622457.html



With regard to your belief that "compromising might result in SOMEthing being done", we would all get a lot done if we caved to conservatives' demands, ended all government services, handed the Pentagon a blank check to wage whatever wars it wanted both foreign and domestic.
About Gulf Oil Spill
Read the Article at HuffingtonPost

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