NU Online News Service, June 23, 1:35 p.m. EDT
In the latest chapter of the British Petroleum oil spill, a federal judge has ruled that a six-month moratorium on deepwater oil drilling by the federal government was imposed "contrary to law" and agreed to lift an injunction.
The civil action to stop the moratorium was taken by Hornbeck Offshore Services, LLC, which owns and operates a fleet of vessels supporting deepwater and ultra-deepwater exploration in the Gulf of Mexico. Hornbeck challenged the six-month moratorium issued by the Department of the Interior and the Minerals Management Service, according to case documents.
The court document said that the thrust of the plaintiffs' argument is that Kenneth Salazar, secretary of the U.S. Department of the Interior, based his moratorium decision on a finding that new deepwater wells "pose an unacceptable risk of serious and irreparable harm to life and property, and a finding that the installation of additional safety or environmental protection equipment is necessary to prevent injury or loss of life and damage to property and the environment."
But U.S. District Judge Martin L.C. Feldman ruled, "This court is persuaded that the public interest weighs in favor of granting a preliminary injunction. While a suspension of activities directed after a rational interpretation of the evidence could outweigh the impact on the plaintiffs and the public, here the court has found the plaintiffs would likely succeed in showing that the agency's decision was arbitrary and capricious."
He continued that the "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 Associated Press, citing financial disclosure reports, has reported that Judge Feldman holds "extensive investments in the oil and gas industry."
Meanwhile, attorneys general concerned about the oil's repercussions on wildlife announced they are suing BP.
Connecticut Attorney General Richard Blumenthal joined attorneys general from 10 other Atlantic Coast states, sending letters to BP and its affiliated companies as a first step to protect states' interests from the potential effects of the oil spill.
Participating states include Maryland, Delaware, Georgia, Maine, Massachusetts, New Hampshire, New York, North Carolina, Rhode Island and South Carolina.
Mr. Blumenthal said that even if it is unlikely that oil will actually reach the Connecticut shoreline, there remains a threat that wildlife--including injured or sick migratory birds that spend part of their life in Gulf area waters before heading north--could be severely impacted.
"We must protect Connecticut taxpayers from bearing any of BP's burden resulting from this outrageous oil spill," he said.
On June 22, BP announced it will donate the net revenue it receives from the sale of oil recovered from the spill to the National Fish and Wildlife Foundation (NFWF).
NFWF, whose mission is to preserve and restore America's native wildlife species and habitats, will direct this money to projects that bring the greatest benefit to the wildlife of the affected Gulf Coast States, BP said.
BP noted it will provide $5 million to NFWF immediately, to ensure that their work can begin, even as initial oil collections from the spill enter the refining process.
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