On May 14, following the worst, and most relentless
oil disaster in US history, the Obama administration
announced it would impose a 6-month moratorium
on new permits for deep water drilling in order to
give a presidential commission time to study
safety concerns. Its lawyers told US District
Judge Martin Feldman that April’s sinking of the
Deepwater Horizon rig off the Louisiana coast
was a “game changer” that exposed the risks of
offshore oil exploration.
But, for a group of Louisiana offshore oil
service and supply companies, such risks
were not enough to justify a halt to deepwater
drilling. So, Hornbeck Offshore Services Inc.,
along with more than a dozen other oil services
companies, sued US regulators to lift the ban in
a New Orleans federal court, arguing that if oil
drilling were not allowed to continue, the state of
Louisiana would lose thousands of jobs, and that
the region would be economically devastated.
While the moratorium imposes only a
temporary pause on deepwater drilling (in waters
deeper than 500 feet), Judge Martin Feldman,
appointed by Ronald Reagan in 1983, agreed
with the plaintiffs, finding that the Obama
administration had failed to justify the need
for such “a blanket, generic, indeed punitive,
moratorium on deep-water oil and gas drilling.”
The Obama administration immediately requested
that the moratorium be allowed to continue while the
issue was being litigated. The request was denied
within hours after the Justice Department’s request
In his opinion, Feldman repeated his criticism of the
Obama administration’s moratorium, saying that it was
“indeed punitive” because it was too broad, arbitrary
industry workers and on local communities.
The administration responded by requesting
another stay from the Fifth Circuit Court of Appeals
-- the same court where the initial ruling on the
moratorium was appealed.
Subsequent revelations that Judge Feldman held
substantial investments in the oil and gas industries
(including stocks in Exxon, Halliburton, KBR and
Transocean Ltd., owner of the Deepwater Horizon
drilling rig), have done little to sway opponents of the
ban; nor were they swayed by a statement released
in June through Feldman’s own chambers revealing
that the judge instructed his broker to sell his Exxon
stocks and a subsidiary as soon as the market opened
on June 22 -- one day after the hearing.
Big Oil caches in on fiscal fear
The UK Guardian and other financial news sources
reported this summer that shares in oil services
companies including Halliburton, Diamond Offshore,
Baker Hughes, Schlumberger and other oil-related
industries are in the tank, so it is hardly surprising that
the moratorium would enrage the industry.