US DEEPWATER DRILL BAN OPPONENTS SEEK ENFORCEMENT OF INJUNCTION
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Jamie [2011-05-20]
Offshore supply companies Wednesday asked the US district court judge who
lifted a moratorium on new deepwater drilling to enforce his injunction, which
the companies say the federal government is defying.
The companies say that the federal government is in "direct defiance" of
US District Court Judge Martin Feldman's June 22 order lifting the moratorium.
The companies, including Hornbeck Offshore and BeeMar, said in fresh filings
made in federal court in Eastern District of Louisiana Wednesday that
statements from Ken Salazar, secretary of the Department of Interior, are a
"de facto" continuance of the moratorium.
Feldman had ruled that the federal Government was "arbitrary and
capricious" in ordering a six-month ban on drilling activity in the Gulf of
Mexico following the April 20 explosion on the Deepwater Horizon.
"Nevertheless, Defendants have chosen to ignore and disobey [Feldman's
injunction]. Secretary Salazar's comments have the obvious effect of chilling
the resumption of OCS activities, which is precisely the wrong this Court
sought to redress through its Preliminary Injunction Order. Simply put,
Defendants' disregard of this Court's Preliminary Injunction Order effectively
negates its purpose by deterring those it protects from engaging in activity
that is lawful under it," the companies complained.
The companies, who are the plaintiffs that brought this case against the
injunction, pointed to statements by Salazar, including a press release from
Tuesday as well as Senate testimony earlier Wednesday that he will reinforce
his moratorium. "Based on this ever-growing evidence, I will issue a new order
in the coming days that eliminates any doubt that a moratorium is needed,
appropriate, and within our authorities," Salazar said in his Tuesday
statement following the injunction.
Also, Salazar Wednesday said the new deepwater moratorium he will order
in the coming days will contain specific criteria for circumstances under
which the ban might be lifted.