Obama Administration 'Edict' Halting Deepwater Drilling Enjoined by Federal Court

The introductory paragraph of this 22 page opinion by Judge Feldman presented the matter succinctly:  "This case asks whether the federal government's imposition of a general moratorium on deepwater drilling for oil in the Gulf of Mexico was imposed contrary to law."  Even a cursory reading of this strong opinion leaves little doubt; the Federal Court believes that it was. US Government is enjoined from halting offshore drilling. 

NEW ORLEANS, LA (Catholic Online) - As an Attorney who has practiced for thirty years, I know how difficult it is to obtain what the law calls "injunctive relief". In fact, Motions for Preliminary Injunctions are called "extraordinary relief" for good reason. They are very rarely granted. They are based upon a pleading, filed prior to a full hearing, which claims that if the Court does not intervene, serious and irreparable injury and harm will result to the party who seeks the remedy. 

When the Court does intervene, the party who sought the remedy from the Court has shown "a substantial likelihood of prevailing on the merits" as well as a "substantial threat of irreparable injury" without such a drastic judicial action by the Court. So, when I heard the news reports on the Judge's ruling in this Federal Court Case in Louisiana concerning the Moratorium on deep water drilling, I was amazed at the holding. I thought the Court would deny the motion, opting instead for a full hearing on the claims and expedited the matter. What I read in the early press reports cast this judicial ruling in terms of "sides". The charged banter from some of those appearing in the media - with their early "expert" reactions - went so far as to question the impartiality of the Judge.

My "antennae went up", as they say, both as one who reports on the news, and as a lawyer. I began to wonder whether this entire matter was being properly reported in these early press reports.

After all, every American is deeply anguished and angered over this horrid environmental catastrophe which threatens our neighbors in the Gulf. However, the issue was whether the Court had ruled properly, in accordance with the law, in granting this injunction. Sadly, this tragedy has also become one of the most politically divisive issues in the Nation. I knew I could not just read the reports; I needed to read the Judges actual words and the legal analysis set forth in his opinion. So, I obtained a copy of the 22 page Decision in Case 2:10-cv-01633-MLCF-JCW, Civil Action No. 10-1663. The matter is styled Hornbeck Offshore Services, LLC et al. v. Kenneth Lee "Ken" Salazar, et al.  I read it several times, as a lawyer reads such judicial opinions. Then, I read more of the news reports on the opinion. I reached a conclusion; most of those reporting on the matter have not read the Order and opinion. This is a very well written, carefully researched and strongly worded judicial opinion written by United States District Judge Martin L.C. Feldman for the Eastern District of Louisiana. It reflects solid legal scholarship and a thorough revew of the record as presented by the parties, including the US Government. 

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Judge Feldman found that " the defendants (the Federal Government) have failed to cogently reflect the decision to issue a blanket, generic, indeed punitive, moratorium with the facts developed during the thirty day review. The Plaintiffs have established a likelihood of successfully showing that the Administration acted arbitrarily and capriciously in issuing the moratorium."  He stated emphatically, "the Plaintiffs assert that they have suffered and will continue to suffer irreparable harm as a result of the moratorium. The Court agrees." In the final sentence before the granting of the Injunction, Judge Feldman wrote ".the Court has found the plaintiffs would likely succeed in showing that the agency's decision was arbitrary and capricious."
 
He continued "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." In the early part of the opinion the Court noted that "The Government edict was in reaction to the Deepwater Horizon drilling platform explosion." I thought it was an odd use of the term, EDICT? That was until I read the rest of the opinion. It is clear that the Court found little basis for the Administration's actions in declaring this moratorium. Press Secretary Robert Gibbs indicated almost immediately that the Administration intends to appeal the decision of the Court. From this lawyer's perspective, they will have a very difficult time changing the result. In the introductory paragraph to his 22 page opinion Judge Feldman presented the matter succinctly:  "This case asks whether the federal government's imposition of a general moratorium on deepwater drilling for oil in the Gulf of Mexico was imposed contrary to law."  

Even a cursory reading of this strong opinion leaves little doubt; the Federal Court believes that it was.

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