|
Appeals court rejects U.S. request to restore drilling moratorium
The 5th U.S. Circuit Court of Appeals swiftly denied the U.S. government's request to restore the ban on deepwater drilling while the case is on appeal in a 2-to-1 decision shortly after oral arguments Thursday afternoon.Nothing say "bitchslap" quite like a federal appeals court ruling on the same day it heard oral argument. The ruling came as a surprise, because at the conclusion of the hourlong hearing Thursday afternoon, Judge W. Eugene Davis of Lafayette, who was appointed by President Ronald Reagan in 1983, and a damn fine appointment it was said the three-judge panel would rule by early next week. "Fooled you, suckas." "The secretary has failed to demonstrate a likelihood of irreparable injury if the stay is not granted; he has made no showing that there is any likelihood that drilling activities will be resumed pending appeal," the decision reads. The ruling, however, did say that the Interior Department can apply for "emergency relief" if it can show that drilling has begun or is about to begin. In legal terminology, this is known as a "double-dog dare." The court also announced that although the Interior Department has not asked for the case to be heard on an expedited basis -- something that has been interpreted to mean that the federal government sought to maintain a de facto moratorium by extending the legal limbo of the appeal for as long as possible -- it will hear the full appeal of the merits of the case on an accelerated basis the week of Aug. 30. "So bring your toothbrush." Posted by: Matt 2010-07-09 |
| http://www.rantburg.com/poparticle.php?ID=300663 |