Judge Denies Obama Administration's Request For Stay On Deepwater Drilling Moratorium, Another Attempt Coming

If Obama tried to stop offshore drilling, he would be blocked--even the moratorium was overturned by the courts.

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One judge, with apparently a serious conflict of interest, ruled incorrectly. The law seems clear on this:



==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).==



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