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Louisiana Federal Judge Blocks Drilling Moratorium

eldavojohn writes "In the ongoing BP debacle, the Obama administration imposed a six-month moratorium on offshore drilling and a halt to 33 exploratory wells going into the Gulf of Mexico. Now a federal judge (in New Orleans, no less) is unsatisfied with the reasons for this and stated, '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.' The state's governor agrees on the grounds that blocking drilling will cost the state thousands of lucrative jobs." The government quickly vowed to appeal, pointing out that a moratorium on 33 wells is unlikely to have a devastating impact in a region hosting 3,600 active wells. And reader thomst adds this insight on the judge involved in the case: "Yahoo's Newsroom is reporting that the judge who overturned the drilling moratorium holds stock in drilling companies. You can view his financial disclosure forms listing his stock holdings online at Judicial Watch (PDF)."

58 of 691 comments (clear)

  1. So? by gyrogeerloose · · Score: 4, Funny

    Yahoo's Newsroom is reporting that the judge who overturned the drilling moratorium holds stock in drilling companies.

    No conflict of interest here, no sir...

    --
    This ain't rocket surgery.
    1. Re:So? by Anonymusing · · Score: 5, Insightful

      The idea was to hit the "pause" button on 33 new wells while we figure out why the new-well drilling at Deepwater went so wrong.

      There are still 3300+ wells operating in the Gulf which were unaffected by the moratorium.

      Do you think that six months of wait on 1/100th of the Gulf wells will destroy the economy?

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    2. Re:So? by Talderas · · Score: 4, Informative

      Another article at http://www.bloomberg.com/news/2010-06-22/u-s-deepwater-oil-drilling-ban-lifted-today-by-new-orleans-federal-judge.html provides a little more insight.

      They also said regulators failed to tell Obama that all active deepwater rigs passed an immediate re-inspection after the Deepwater Horizon exploded and sank, with only two rigs reporting minor violations and the rest getting approval to continue operations.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    3. Re:So? by CraftyJack · · Score: 5, Insightful

      I have no problem with this ruling, seeing as the agency concerned has no evidence to show that what happened with the problematic rig is likely to happen, with any sort of likelihood, on any other rig.

      This is the opposite of insightful.
      The event on the problematic rig was highly unlikely to happen, but when it did happen there was no way to recover. It's still leaking now - two months later. Claiming that lightning won't strike twice is not an intelligent response.

    4. Re:So? by interkin3tic · · Score: 4, Insightful

      We're so used to being shamed into believing that just because personal inclinations exist we have to throw out all logic and reason.

      We're dealing with big oil. Conflicts of interest over oil companies are something we'd be idiots not to take seriously. Remember Joe Barton, on the House Energy and Commerce Committee? Actually apologized to BP a few days ago for them having to pay for the damage they caused? Should we assume that guy had public interest at heart?

    5. Re:So? by the_other_one · · Score: 3, Insightful

      They should all be compensated by BP.

      --
      134340: I am not a number. I am a free planet!
    6. Re:So? by sehryan · · Score: 5, Insightful

      Were these the same regulators that were "inspecting" Deepwater Horizon?

      --
      The world moves for love. It kneels before it in awe.
    7. Re:So? by twoallbeefpatties · · Score: 3, Interesting

      They also said regulators failed to tell Obama that all active deepwater rigs passed an immediate re-inspection after the Deepwater Horizon exploded and sank, with only two rigs reporting minor violations and the rest getting approval to continue operations.

      Would those inspections be conducted by the MMS whose head was recently kicked out when it was discovered just how much they were in bed with the industry?

      --
      Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
    8. Re:So? by Volante3192 · · Score: 4, Insightful

      Go ask Gulf fishermen.

    9. Re:So? by TooMuchToDo · · Score: 5, Insightful

      Is this before or after the largest environmental disaster in that geographic region, caused by my industry? Because frankly, I'm not *that* much of an asshole to think my job is above tens of thousands of square miles of ecosystem.

    10. Re:So? by rm999 · · Score: 3, Insightful

      Deepwater Horizon was a series of mistakes with known causes, not a tail-end probabilistic event. Future deep-water drilling will likely be more carefully regulated.
       

    11. Re:So? by Low+Ranked+Craig · · Score: 4, Insightful

      I'm really getting sick of this little bit of misinformation.

      Joe Barton, on the House Energy and Commerce Committee? Actually apologized to BP a few days ago for them having to pay for the damage they caused?

      That is NOT what happened. I don't think anyone, including Joe Barton, thinks that BP should not pay for the mess thy have made. The apology was for the methods used by the administration to basically force BP to set up a $20B fund, completely bypassing due process. To be clear, I believe that BP should pay for everything but I question I question the viability of forcing BP to liquidate assets and set aside $20B - even big evil oil companies need operating revenue. Don't forget that a log of British citizens stand to lose a large chunk of their retirement if BP goes belly up.

      If the preceding makes no sense to you take a basic finance class.

      --
      I still cannot find the droids I am looking for...
    12. Re:So? by Stradivarius · · Score: 3, Insightful

      Actually it's the folks on the Gulf coast who are most concerned about the moratorium, because they're the folks who make their living supplying the rigs that were put under the moratorium. A moratorium could put them, their friends, and their neighbors out of work.

      All at a time when lots of people (fishermen etc) are already out of work from the spill, and when the unemployment rate before the spill was already high.

      This isn't a case of people who don't care. They do, because it's their homeland getting polluted with oil. But they're worried about supporting their families too.

    13. Re:So? by Darinbob · · Score: 4, Insightful

      We may walk around in fields, and the odds of being bitten by a snake are rare. But if there are known to be poisonous snakes there, it makes sense to bring a snake bite kit with you, even if you never use it. If someone was bitten out in the field, then maybe we should postpone our picnic.

      BP has essentially proven that at least some oil companies don't know what to do if there is a problem. A moratorium is just saying "get your act together". Except companies are desperately trying to point to BP as an anomaly, the shoddy worker in a collection of saints. So the moratorium is also saying "ok, let's check if you guys really are that saintly after all." After a massive catastrophe like this, it makes no logical sense to go full steam ahead as if nothing happened.

    14. Re:So? by MBCook · · Score: 4, Insightful

      He was right that the government basically telling BP "Start coughing up without a being found guilty because we said so or we'll might start fining you/killing your licenses" should be illegal. Due process exists, and it should be followed. That's extortion.

      He was an idiot for phrasing it as an apology to BP.

      The idea that the government is setting a precedent that it can interfere with a business like that worries me. The BP case is really clear cut. Even if it was the contractor that messed up, BP was supposed to keep tabs on them and owned the well. But what happens when some large company gets accused of something else (say the Vioxx lawsuits) and the government starts pressuring them to pay out before any legal decision? What happens if it turns out, like power line cancer and thimerosol autism, that the company isn't at fault? How do they get all that money back?

      I understand getting people money faster instead of the 20 year Exxon-Valdeeze thing, but this seemed so close to coercion.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    15. Re:So? by Altus · · Score: 3, Insightful

      He didn't give it to people, he put it in escrow. You can argue that this is still wrong, but at least accuse him of what he actually did. He didn't just hand out a bunch of money to whomever he wanted.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    16. Re:So? by TooMuchToDo · · Score: 5, Insightful

      Also true. The number of fishing/shrimping/tourism/etc. jobs that rely on the Gulf *far* outweigh the number of oil/gas jobs in the area.

    17. Re:So? by frank_adrian314159 · · Score: 4, Insightful

      I am sure that there was no issue of "due process" here. BP did not have to do as the President requested. It was just the President asking BP to step up and do what they should do out of moral decency. Of course, they could have turned down the President. Of course, in that case they probably would have been sued by the Federal government into even greater oblivion for the damages they have caused. They also could have had their regulatory ass handed to them for the next how ever many years this administration was in power over every little infraction. I think BP just made a reasonable business accommodation. And for those of you whining about how unfair to BP this is... it's our local ecosystem. They can always go home and screw up their own if they don't like the way the game is played here.

      --
      That is all.
    18. Re:So? by hondo77 · · Score: 3, Insightful

      Nice try. If I'm walking in a field and I know that if I'm struck by lightning it will affect millions of people in the area, I better make damn sure I have my portable lightning deflector (work with me here) handy or I am being monumentally irresponsible.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    19. Re:So? by UnknowingFool · · Score: 5, Insightful

      To be clear, I believe that BP should pay for everything but I question I question the viability of forcing BP to liquidate assets and set aside $20B

      They way you make it sound, BP was forced to go down to the local pawn shop and sell all the family heirlooms the next day. The Obama administration got a promise from BP that they would set aside a $20 billion account. The details have not been worked out but one detail that I did hear was that it was $5 billion a year for 4 years. Considering that BP made $16 billion in profits last year, I would think they could figure out a method to do so without disrupting the company financially.

      - even big evil oil companies need operating revenue.

      As a company, BP's revenue of $246 billion in 2009. Asking for less about 2% of revenue to be funded over the course of a year isn't a major strain on their revenue.

      Don't forget that a log of British citizens stand to lose a large chunk of their retirement if BP goes belly up.

      Did anyone say anything about bankrupting BP? No. BP made profits of $16, $22, $21, and $22 billion the last 4 years. At most, they will be losing out on profits for one of their last 4 years or 25% of the profits for the last 4 years.

      One main reason that the administration was insistent about a fund is that though the Exxon Valdez incident happened over 20 years ago, some litigants in Alaska still haven't been paid yet. Could you wait 20 years for money that was owed to you?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    20. Re:So? by hierofalcon · · Score: 4, Informative

      This concern isn't about producing wells. It is about drilling rigs.

      It was recently reported in various news channels that Anadarko was trying to break a contract with a drilling operator in the gulf because Anadarko couldn't use their contracted drilling equipment due to the moratorium. The owner of the equipment replied they could use it elsewhere. The drilling costs IIRC were on the order of $400,000/day. Other deep water drilling day rates I've seen go up to $800,000/day.

      If the moratorium continues, the drilling rigs will move where they can be utilized, and they'll stay there while there is work. Most won't just sit around and wait the moratorium out and hope it isn't extended. There are limited numbers of deep water drilling rigs, they take time to build, and nobody wants to build replacement rigs to meet a spot shortage because they've all moved to other areas due to this. So there could be a longer term impact even if the moratorium does end in 6 months.

      Likewise, the exploration companies are going to pick places to explore for oil based on the likelihood of being able to produce from them, and the moratorium also puts that at risk. There are many variables in that equation that are continually reviewed, but politics in all its forms factors in heavily.

      Take a nominal production rate from the Deepwater Horizon experience (as it'll be replaced ASAP), multiply it by 365 and then by 33+. That's a lot of barrels of oil and cubic feet of gas produced locally each year that we don't have to depend on less stable countries for. Regardless of your opinions on alternative forms of energy for cars, we're going to be dependent on oil for many years to come. Why shut off a good source?

      Everybody learned something from this disaster, including the major oil companies. Nobody wants to repeat it, although at some point one probably will. If the government doesn't like the consequences, maybe they should open up more shallow water tracts in other areas of the country where problems can be fixed more easily when things go wrong.

    21. Re:So? by BlueStrat · · Score: 4, Interesting

      Yahoo's Newsroom is reporting that the judge who overturned the drilling moratorium holds stock in drilling companies.

      No conflict of interest here, no sir...

      Just like there's no conflict of interest in the fact that the US government just loaned the Brazilian state-run oil company Petrobras 2 billion dollars for offshore drilling in depths far exceeding the moratorium.

      Funny coincidence also that George Soros, (who, through the Center For American Progress & John Podesta, who also headed Obama's transition team and chose who filled most of the top positions in the administration) invested a huge amount in Petrobras only days before the government's decision to invest. George Soros stands to make a killing from the drilling moratorium.

      Why is the administration crippling US oil companies while investing heavily in a foreign oil company?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    22. Re:So? by hawguy · · Score: 5, Insightful

      If the moratorium continues, the drilling rigs will move where they can be utilized, and they'll stay there while there is work. Most won't just sit around and wait the moratorium out and hope it isn't extended. There are limited numbers of deep water drilling rigs, they take time to build, and nobody wants to build replacement rigs to meet a spot shortage because they've all moved to other areas due to this. So there could be a longer term impact even if the moratorium does end in 6 months.

      So they are saying "if you don't let me play I'm going to take my toys and go home"?

      Either there's oil (money) to be found in the gulf or there's not. If there is, then there will be companies ready to drill when the moratorium is lifted. Maybe it will take them 6 months to relocate equipment there, but they'll definitely be back.

      Delaying a few dozen exploratory wells for a year while they investigate this accident and have a better idea of the cause *and* have time to enact new rules to prevent the same scenario from recurring doesn't seem like a bad course of action.

    23. Re:So? by Attila+Dimedici · · Score: 3, Insightful

      So, we had a environmental catastrophe drilling for oil in deep water, obviously the answer is to leave all future drilling in deep water to those who have a proven record on the environment, like the Chinese.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    24. Re:So? by Barrinmw · · Score: 4, Insightful

      What I don't understand is, when I worked in the navy in a nuclear power plant, all the fail safes were designed around the worst imaginable thing going wrong and preventing that from causing core damage. Why the hell are any deep sea oil rigs being allowed to continue operating when we now know for a fact that they have no way to reliably stop their worst case scenario? It just seems illogical to me that they would risk what just happened again or even worse?

    25. Re:So? by Javagator · · Score: 3, Insightful

      The local people who work for the oil companies are only a small fraction of the people who work in the tourist industry and fishing industry that are being destroyed by this oil spill. Not to mention the environmental damage and loss in quality of life.

    26. Re:So? by cpt+kangarooski · · Score: 3, Insightful

      Actually it's the folks on the Gulf coast who are most concerned about the moratorium, because they're the folks who make their living supplying the rigs that were put under the moratorium.

      Oh, I don't know. I'm from the Gulf Coast originally, and everyone I know there is spitting mad about the spill, and would be perfectly happy to see the rigs gone, lest this get worse, or happen again, and the various malefactors severely punished. I don't know anyone opposed to the moratorium. And if oil rig workers would lose their jobs as a result, why not let them get jobs cleaning up the spill, just like the fishermen are having to do.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    27. Re:So? by hierofalcon · · Score: 3, Insightful

      Not at all. They're saying these toys are costing a bunch of money every day setting on the shelf when they could be drilling producing wells in my field over here, so let's go. Home moves and drilling holes to completion takes a finite amount of time.

      There is money to be made in the gulf, but it isn't the only place to play. There is money to be made all over. I agree they'll definitely return assuming the political climate doesn't disintegrate. At this point that is an open question that nobody knows the answer to because nobody can make an accurate guess as to when the rupture will be completely sealed and what the total damage will be.

      I think most of the drillers understand best practices. BP appears to have cut corners and they won't be the last to do so, regardless of the rules in place. Rules are fine. Oversight gets iffy with the small number of qualified people that the government is likely to employ. I don't really think additional delay will make things magically fail safe.

    28. Re:So? by LordLimecat · · Score: 4, Insightful

      would be perfectly happy to see the rigs gone, lest this get worse, or happen again

      Honest question: Why do people seem to accept this argument as valid for oil rigs, but using Chernobyl as a reason against nuclear is (generally, and rightfully) rejected as irrelevant and a piss poor argument?

    29. Re:So? by Anonymous Coward · · Score: 4, Insightful

      Because after Chernobyl the design of still operating RBMK reactors (and in fact all reactors) was improved to the point that a repeat disaster should be near-impossible.

      But looking at the oil spill, we had the same problems in 1979 off the Gulf of Mexico. Since then the capability to respond to this type of problem hasn't improved. The pre-revised BP document shows they knew this. Same story in Alaska - oil pipelines are not being well maintained. That's a repeat of 1979 too.

      Nuclear industry has learned their lesson and moved on. Oil industry is still crossing their fingers that risk/reward will fall in their favor.

    30. Re:So? by BlueParrot · · Score: 3, Insightful

      Honest question: Why do people seem to accept this argument as valid for oil rigs, but using Chernobyl as a reason against nuclear is (generally, and rightfully) rejected as irrelevant and a piss poor argument?

      If western nuclear plants were built the same way Chernobyl was built then I WOULD be up in arms about it, and I'm one of the strongest Nuclear supporters you would find.

      Likewise, if all the other oil rigs had relief wells drilled in advance, then I'd have no problem with them continuing operating.

      The difference between the two situations is that with Chernobyl we have made damn sure all nuclear plants we build have the safety features needed to prevent a similar disaster. With the oil rigs, the same is not true. Many of them still lack safety features (pre-drilled relief wells ) that are considered standard in many parts of the world.

    31. Re:So? by Chris+Burke · · Score: 3, Insightful

      Because many years after Chernobyl, it is clear that it was a uniquely horrible reactor and beyond idiotic test procedure that lead to the accident, and that technology has developed to the point where none of its failings are in any way relevant.

      In contrast, every rig in the gulf is using the same safety technology that failed at Deepwater Horizon, and many were certified by the same corrupt regulators who gave Deepwater Horizon a clean bill of health despite failing and deliberately disabled safety equipment. There is absolutely no reason to believe that this rig is unique or exceptional, other than that it is the one where the chickens came home to roost.

      Chernobyl was an outstanding argument to stop construction of Chernobyl-style reactors (obviously), and to reconsider regulation of reactors (particularly in Russia) to make sure nothing as stupid as the disaster-causing test would be allowed.

      Similarly, if in twenty years it's clear that the Deepwater rig was unique, and technology has moved beyond the current state of the art to a regime of "inherent safety" like nuclear, then Deepwater will no longer be a good argument to stop drilling.

      In short, the difference is context.

      --

      The enemies of Democracy are
  2. That's just smart thinking. by Helpadingoatemybaby · · Score: 3, Funny

    Now when the same problems cause a second leak we can 100% confirm those problems are the cause!

    How else will we address the third leak?

    --

    The baby's fine -- please stop sending business cards.

  3. Re:Crying in your oil... by dunezone · · Score: 3, Informative

    From what I read Obama didn't take contributions from BP, but he did take contributions from employees of BP.

  4. As always, units matter by Itchyeyes · · Score: 5, Informative

    pointing out that a moratorium on 33 wells is unlikely to have a devastating impact in a region hosting 3,600 active wells

    The above quote should read "a moratorium on 33 drilling wells". Drilling wells are a rate (ie 33 wells per month), active wells are a stock. The distinction is important. The vast majority of oil and gas jobs are involved in the drilling and completion process. Operating a well after it has been completed requires very little resources. For example, a typical onshore well may cost $2-3 million to drill and complete in a 14-30 day time period, but only cost around $2,000/month to operate after completion.

    Please note that I'm not saying a drilling moratorium should not be passed. Just that the moratorium will likely have significant impact on the Gulf economy, and that the state of Louisiana's concerns are quite valid, and that the Federal government's dismissal of them here is misleading and likely inaccurate.

    1. Re:As always, units matter by Hatta · · Score: 5, Insightful

      The proper solution is not to stop drilling, but to require a relief drill to be dug at every site. That way if this happens again, we don't have to wait 4 months. This way we can be safe, collect oil, AND double employment on drilling platforms.

      --
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    2. Re:As always, units matter by Bill_the_Engineer · · Score: 3, Insightful

      Not to say that a moratorium is not an appropriate response. Just that there may be long-term consequences of that decision that do not appear to have considered.

      The long term consequences are of the petroleum industry's own fault. BP (and others) should have weighed the risks of something really bad happening against cutting corners during drilling. Consequences include the swift reactive and punitive response of federal and local governments.

      Where's the incentive for industries to regulate themselves (which they should do in addition to the government) if they are quickly relieved of the consequences?

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    3. Re:As always, units matter by shutdown+-p+now · · Score: 4, Insightful

      How many other industries have consequences of the same magnitude when they fuck up?

  5. Biased article much? by iceperson · · Score: 4, Informative

    No mention in the link about the "experts" that the administration consulted coming out and saying they don't support the ban and that the administration misrepresented their position. http://www.washingtontimes.com/news/2010/jun/22/judge-halts-obamas-oil-drilling-ban/

  6. not a problem by SoupGuru · · Score: 5, Insightful

    I honestly don't think this will be much of an issue. You've seen what happened to BP. If you're a deep water drilling company and you don't have all your ducks in a row after that, you're an idiot. So Obama's reasoning for the moratorium, until the safety measures can be re-evaluated, is redundant because these companies had better be at the forefront of responsibility without further external incentives.

    Kind of like how Ford, GM, and Honda were probably double and triple checking their acceleration systems after Toyota's little stint in the headlines recently.

    --
    What doesn't kill you only delays the inevitable
    1. Re:not a problem by geekoid · · Score: 4, Insightful

      Fallacy. You assume there is just a single point of failure. There was not.

      Something is wrong with the current way of doing business.

      Something is wrong with current drilling methods in US shores.

      Something is wrong with disaster recovery.

      Going about business as usual without identifying what is wrong ion all those process is fool hardy.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  7. TL;DR: The Key Sentence in the ruling by Alaska+Jack · · Score: 3, Interesting

    From page 20:

    The Court cannot substitute its judgment for that of the agency, but the agency must "cogently explain why it has exercised its discretion in a given manner" (State Farm, 463 U.S. at 48). It has not done so.

        - AJ

  8. My answer - nuke em by Anonymous Coward · · Score: 5, Interesting

    Having worked in nuclear power for 25+ years I know something about how accidents happen and how to prevent them. This event was a total institutional failure. BP failed, the MMS failed, the other oil companies and supporting companies failed. This is epic failure like we haven't seen since Chernobyl, worse in my view because the reactor (in this case, the well) is still critical, still on fire, and a mile under water. The blow out preventers have been shown to not work, the emergency plan has been shown to be a fraud (walruses anyone - dead people phone numbers anyone, buhler?) the technology to respond to blowouts and 10-100,000 barrel a day leaks simply does not exist, and the regulator might have well been saboteurs for all the good they did. A 6 month moratorium is not even close to enough time to fix these problems. But I would put the ball back in the industry's court, my solution would be to make 10CFR50 App B (nuclear power regulation for quality) apply to deep well drilling and tell the industry they can start drilling as soon as their CEO states under oath or affirmation (i.e. lie and its a crime) that their rigs comply. Safely handling high hazards ain't new, many industries do a fine job - BP has proven it can't and by the above revelations we have no assurance that Exxon, Shell, Halliburton or anyone else can either. Shutting down a few wells will hurt the economy of Louisiana and I say tough shit until you fix your problem. But on the other hand I never saw so many people working at a nuke like the ones that have been shut down for safety problems. Once the oil companies see what they have to do to get their practices fixed there will be many many many jobs for the people that will be doing the fixing.

  9. Re:Yeah - but does the reasoning make sense? by Xiver · · Score: 3, Insightful

    You have no idea what you are talking about. They are preventing any drilling in the GOM for 6 months and each rig costs about $1,000,000 a day to be on site. The rigs will be moved out of the gulf if they are not active. Scheduling a new rig can take as long as 3 years and there are plenty of areas overseas that would love to have them ASAP, so they won't be sitting around doing nothing. Its realatively cheap to run existing wells. The vast majority of work comes from drilling new wells. If that is on hold for 6 months the oil industry in the United States will be devestated, but that seems to be what everyone wants.

    --
    10: PRINT "Everything old is new again."
    20: GOTO 10
  10. Pissed about this whole process by jollyreaper · · Score: 4, Insightful

    Oil industry apologists are saying we're all being whining, ungrateful children because we reap the benefits of cheap energy but bash the poor, hard-working people who put the gas in our cars. But what they don't mention is the fantastic amount of money spent buying this oil-dependent reality in the first place. From buying politicians to clouding the issues in the public forum to preventing research in clean alternatives. It's a sick, terrible system. And it's impossible to use the tools of democracy to fix it because even when we try to vote for change it's bait and switch.

    The thing that gets me is how the writing can be plain on the wall and people who don't know better take their cue from people who do know better but whose financial best interests depend on pretending they don't. "Global warming is just a theory! It's still debatable!" Yeah, about as debatable as the theory that tobacco is a carcinogen. Hell, we can even get Republican presidents to mouth the words "oil addiction" and "we need to kick the habit." We just can't get anyone -- reps or dems -- to do a fucking thing about it. They're both beholden to the special interests.

    I can't even begin to fathom that latest talking point, Obama's being mean to BP. Chicago-style takedown! What the fuck?! And I bet you're still upset about those fucking Eskimos beating up on poor ol' Exxon for all those decades trying to get the money they've been promised. $20 billion is going to be a drop in the bucket for all the damages wracked up and there will never be a full accounting. Most victims will never be made whole.

    From the bleating on the right, you'd think that Obama had nationalized BP, crucified their board of directors on a line of crosses on a tarred beach, and signed an executive order to go to 100% renewables before 2012. If only! I'm actually pissed at how anemic his response has been. No, he can't snap his fingers and make the well go shut, he can't stand on the heads of the engineers and make them work faster but he could at least help unsnarl the clusterfuck that is the disaster response. He could take BP's management out of the loop on disaster mitigation. He could put the environmental experts in the control room so they can get the unfiltered information from the well head minus the BP spin. At the very least he could prevent the BP contractors from burning the sea turtles.

    Yeah, yeah, mod me down. Go and confirm exactly what I'm saying.

    --
    Kwisatz Haderach
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    1. Re:Pissed about this whole process by Rockoon · · Score: 4, Insightful

      Oil industry apologists are saying we're all being whining, ungrateful children because we reap the benefits of cheap energy but bash the poor, hard-working people who put the gas in our cars. But what they don't mention is the fantastic amount of money spent buying this oil-dependent reality in the first place.

      You know, its common for people to say how corporations, and especially oil companies, throw around lots of money to protect their interests and enact legislation and all that...

      ...but I just dont see it being true in the case of the oil industry. I see an industry that was forced to drill many miles off the coast in 5000 feet of water when they could have (and very much would have) drilled closer to shore in shallower water, where it was easier, cheaper, and knowledge was greater.

      Apparently you would have us believe that the awesome power of oil money was used for everything but cutting costs.

      Every few years Congress goes up-in-arms over the oil industry even when no disaster happens, such as the recent cry for a 'windfall tax' on them, even though their profit per revenue was significantly less than the governments share of the pie, and also significantly less than most other industries.

      The oil industry has been the bitch of the government for decades. If you have evidence that this is not the case, please present it. I am thinking that, no, you don't... you are just blowing wind.

      --
      "His name was James Damore."
    2. Re:Pissed about this whole process by Uberbah · · Score: 3, Insightful

      Seriously, in your second to last paragraph you start out by saying the right is stupid for criticizing Obama, and then go on to criticize him yourself.

      Because those on the right are fucking idiots, that's why. Those on the left are pissed that Obama has left BP in charge of the response effort, that Obama is continuing Bush's wars, that Obama is continuing Bush's abuses of executive power, and pissed that his policies consistently place a higher priority on Wall Street profits than the well being of the working class.

      Whereas the right whines about concentration camps, socialism/communism, and started off Obama's presidency by protesting taxes right after Obama actually made good on one of his campaign promises and pushed for a tax cut on the middle class. And then spent the next few months parading around with signs like "keep your government hands off my medicare".

  11. Ruled by Law, not by men... by cfulmer · · Score: 4, Interesting

    We can argue day and night about whether more drilling is a good idea. But that's not the question -- the real question is:

    Does the law give the President the power to impose a moratorium in this situation?

    If not, then it doesn't matter whether it was a good idea or not. The President is not a King or an Emperor. He does not have the authority to decree how things should be, no matter how mad he is or how great of an idea his decree is.

    1. Re:Ruled by Law, not by men... by vcgodinich · · Score: 4, Insightful
      The Interior Department didn't impose the moratorium, the president did it "for" them, with no justification or action since.

      Have there been stricter demands made on offshore drilling? no. Has there been a mandatory safety review/inspection legislated? no. The problem is that nothing is happening. If Obama had put some requirment in place that the oil companies could start to comply with, that would be one thing, but as it is, no one is doing anything. The oil companies and a significant part of the jobs on the gulf are sitting idle by presidential decree, and the president is sitting idle by choice, as it pertains to the ban.

  12. Re:You don't know what you're talking about. by ChefInnocent · · Score: 5, Informative
    You mean Rep. Barton didn't apologize for the "White House Shakedown"? Or, are you saying that his apology later that day actually magically rescinds the original statement?

    I apologize, I do not want to live in a country where anytime a citizen or a corporation does something that is legitimately wrong is subject to some sort of political pressure that is again in my words amounts to a shakedown. So I apologize.

    For the record, even Fox News has his statement. Many of his fellow Republicans were ashamed of his original statement. They even continued to be ashamed of his spoken statement and he later sent out a written statement in an attempt to appease members of his own party. Rep. Barton's statements were completely self serving considering he is on the House Energy and Commerce Committee as well as a very large recipient of big oil and BP's campaign donations. Even more so, if you take his statement for face value, he is saying that nobody should ever be punished for their misdeeds.

  13. Re:Yeah - but does the reasoning make sense? by Bemopolis · · Score: 5, Insightful

    Oh, and why wasn't there a ban on coal mining after the explosions in West Virginia?

    Maybe because it hasn't been exploding every day for three months and promising to do so for at least another four, affecting the fishing and tourism industries of four states?

    But really, I don't think you want to hitch your rhetorical wagon to Massey Mining. They have more safety violations than BP, and their CEO should be in goddam jail.

    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
  14. Hope that judge gets disbarred by mmalove · · Score: 4, Interesting

    First, a disclaimer.

    I happen to live on planet Earth. I am, therefore, somewhat biased to protect it. This bias may affect my perception of decisions, such as drilling oil wells that could have "immeasurable effects" on the ecology of the drilling site if done wrong.

    Now, this article summary, and the statement from the judge, shows clearly in my opinion why we should never use the word immeasurable as a way to justify one action or another. It seems the opposition quite quickly was able to measure the impact, and the impact is about 1%. The first oil company willing to pledge enough cash to completely recover from a second disaster like the BP one, I'd say happy drilling. Until then, we need to suspend drilling holes at depths where we aren't technologically far enough along to fix things if they go wrong.

    It does surprise me, that we've found the technology to destroy this planet hundreds of times over with nuclear energy, but we can't plug a hole a mile underwater. Kinda leads you to which way this planet's headed.

    --
    You can get 15 minutes of fame, but you can go down in history for infamy.
  15. Re:Yeah - but does the reasoning make sense? by sgt+scrub · · Score: 4, Insightful

    I've been waiting for someone to bring up this argument. It is completely flawed. If someone doesn't drill a well the oil doesn't magically disappear. If someone doesn't know how to drill a well without flooding the gulf with it they need to get the fuck out of the business. Another rig will be right behind them. If not, the oil isn't going anywhere.

    --
    Having to work for a living is the root of all evil.
  16. LOL @ What? Millions Share His Belief. by weston · · Score: 5, Insightful

    LOL, tool.

    Exactly what are you laughing at? A year ago, the common wisdom -- particularly on towards the right side of the political spectrum -- was that environmental concerns are just handwringing by whacko liberal moonbats, that increased offshore drilling is a necessary part of a comprehensive energy plan, that it would help reduce our dependency on foreign oil (somehow, magically, despite the fact that in free market system it all goes on the global market anyway), and that The Industry can be trusted to self-regulate.

    Hell, if you read this thread, you'll *still* see people saying the industry can be trusted to self-regulate... it'll all take care of itself, don't you worry now.

    You know what's behind this? You know that meme that probably more than half of slashdot FIRMLY believes -- that the private sector is always more competent than the public? That the public sector can't do anything right, can't regulate correctly, can't do anything other than act as a net negative drag on the private sector?

    Yeah. Obama the radical socialist that he is? He partially believed that too. He believe what he was told by the executive apparatus and the oil companies -- that the oil companies had top expertise, that they knew exactly what they were doing, that they had safety dialed in and had right incentives to behave without further regulation. And, of course, that there wasn't massive regulatory capture during a presidential administration headed up by two guys who've been Oil guys for a long time.

    What would be funny if it weren't so utterly pathetic and gravely consequential for the future of our society is that even though Obama has apparently learned his lessons, there's millions who won't.

    Funny how it's playing out that way in financial regulation, too. We're all going to be asked to believe that cosmetic choices that won't cause any real pain for Wall Street are the best way to go -- and after all, the bankers and finance guys are the industry experts, so who better to advise us? We certainly wouldn't want meddling outsider officeholders drafting legislation about an industry they know little about without heavily consulting the industry about the best path, right? We wouldn't want heavy government involvement, anyway. That's a drag on The Market at best... and Socialism at worst.

    You're going to hear this stuff. Again. And Again. Lots of times between now and the election. Some of you with fiscal conservative tendencies are going to fall for it. Some of you with libertarian tendencies are going to fall for it hook, line, and sinker. If enough of you fall for it, we're going to be here again in 5-10 years, same people saying loudly that the real problem was government meddling, socialism, we should have just let the private sector work. And the same actors in the private system will be racing their yachts and walking away with billions while socialized environmental and financial cleanup costs mount, one way or another.

    Well, that's what you'll hear from some commentators. From others, you'll hear "LOL, tool."

  17. Re:The Economist's opinion by Chris+Burke · · Score: 4, Insightful

    The magazine frowns upon all these things and it makes some sense. If, as The Economist suggests, BP's value has already dropped by $89 billion and that's "far in excess of all but the most dire forecasts of the ultimate costs of the spill," what is to be gained by all this backlash against the oil industry but a bunch of political posturing?

    If a reduction in market capitalization was an actual expense for BP, this would be a moderately reasonable point.

    Since that's absolutely not the case, then the point of the backlash is to ensure that BP actually pays the price for the spill, with the result that they and other companies are actually driven to improve their safety procedures and more importantly follow those procedures that they already should have been.

    All that $89 billion means for BP is that they're a somewhat easier target for a stock buyout. It means that the fraction of their own stock that they own is less valuable, so if they were planning on any acquisitions using stock it's going to be more costly as long as the stock price is low. It means anyone who plans on cashing out their holdings in BP right now will make less money. It's not insignificant from a larger corporate strategy perspective, but it's actual impact to BP is nothing like what an actual $89 billion actually suggests.

    Shame on The Freaking Economist for suggesting otherwise.

    News flash: The United States is still inexorably reliant on its oil industry. If the Obama administration wants to do something about future oil disasters, maybe it should think more seriously about that and what can be done about it.

    Like developing alternative energy sources from solar to nuclear, and encouraging the development and adoption of fuel efficient and preferably electric vehicles? Yeah, that's being done. I'm sure more can be done. I'm all for it. I hope you are too.

    Also, had government done a better job of regulating the oil industry in the first place, BP's shoddy practices might not have gone unchecked and this disaster might never have happened.

    Yes, that's very true. Who would have thought that doing everything possible to deregulate, and the underlying philosophy that regulation is unnecessary, would result in insufficient regulatory action?

    Unfortunately firing the new MMS head for not cleaning up the cesspool of corruption and deliberate inefficacy that she inherited was only just the beginning of a long, long road to fixing this.

    --

    The enemies of Democracy are
  18. Re:What is the opposite of insightful? by commodore64_love · · Score: 4, Informative

    >>>Consider this week the news is full of European countries enacting substantial budget cuts. We know that's the wrong thing to do.

    "We" do? Not all of us agree. I'd estimate about 1/3rd of economists say cutting spending & taxes is the Correct thing to do, because it frees excess money to the private sector who can use it to invest in new factories and jobs and personal goods. In fact that's why the Depression of 1921 only lasted a year - the government cut spending/taxes and it freed-up money to be invested (at the corporate level) and spent (at the consumer level).

    The EU states are doing precisely the right thing according to the Hayek, Friedman, and Austrian economic models.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  19. Re:What is the opposite of insightful? by WhiplashII · · Score: 4, Informative

    Yes, Keynesian economic policies were recently practically killed by - believe it or not - a group of Harvard economists. Here is a link to the paper. It turns out that if you measure the economic effect of government spending, that effect is net lower employment, net lower commerce, and net lower investment.

    Essentially, no one in their right mind competes with someone supported by the government.

    --
    while (sig==sig) sig=!sig;
  20. I believe you just described a shakedown by Quila · · Score: 3, Insightful

    Give us the money now or things could get hard for you later.