Judge Rules Against Obama’s Offshore Drilling Moratorium

Thus Obama’s “annus horribilis maximus” got just a tad worse while giving an unexpected break in favor of an ailing economy in the Gulf:

A federal judge in New Orleans has blocked a six-month moratorium on new deepwater drilling projects that was imposed in response to the massive Gulf oil spill.  Several companies that ferry people and supplies and provide other services to offshore drilling rigs had asked U.S. District Judge Martin Feldman in New Orleans to overturn the moratorium.

President Barack Obama’s administration has halted the approval of any new permits for deepwater drilling and suspended drilling at 33 exploratory wells in the Gulf.

Feldman says in his ruling that the Interior Department failed to provide adequate reasoning for the moratorium. He says it seems to assume that because one rig failed, all companies and rigs doing deepwater drilling pose an imminent danger.

The 22-page ruling is online though I haven’t had the chance to read through the whole thing yet.  I can tell you that you don’t have to go further than page 3, however, to find the Court calling out the “misrepresentations” in the Executive Summary issued by Secretary Salazar’s office:

In the Executive Summary to the Report,the Secretary recommends “a six-month moratorium on permits for new wells being drilled using floating rigs.” He also recommends “an immediate halt to drilling operations on the 33 permitted wells, not including relief wells currently being drilled by BP, that are currently being drilled using floating rigs in the Gulf of Mexico.” Much to the government’s discomfort and this Court’s uneasiness, the Summary also states that “the recommendations contained in this report have been peer-reviewed by seven experts identified by the National Academy of Engineering.” As the plaintiffs, and the experts themselves, pointedly observe, this statement was misleading. The experts charge it was a “misrepresentation.” It was factually incorrect. Although the experts agreed with the safety recommendations contained in the body of the main Report, five of the National Academy experts and three of the other experts have publicly stated that they “do not agree with the six month blanket moratorium” on floating drilling. They envisioned a more limited kind of moratorium, but a blanket moratorium was added after their final review, they complain, and was never agreed to by them. A factor that might cause some apprehension about the probity of the process that led to the Report.

In other words the fact the executive summary played fast and loose with the facts there was little proof the recommendations of the report had any merit.  Michelle Malkin also notes the Court’s attention to the obvious duplicity in the report and adds:

Takeaway from decision: “After reviewing the Secretary’s Report, the Moratorium Memorandum, and the Notice to Lessees, the Court is unable to divine or fathom a relationship between the findings and the immense scope of the moratorium.

More to come I am sure.  Administration vows to appeal, what a surprise.
H/T: Memeorandum

Cross posted at Ruby Slippers