THE OIL STATES
Eastern District of Louisiana
Middle District of Louisiana
Western District of Louisiana
Northern District of Mississippi
Southern District of Mississippi
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas
...Two of the 5th Circuit judges seemed to disagree about who should be shown more deference: Feldman or Interior Secretary Ken Salazar, who imposed the moratorium.
"We give deference, as you should, to what that court has done," Judge Jerry E. Smith said of Feldman's ruling.
Judge James L. Dennis said Interior Secretary Ken Salazar "is entitled to a lot of deference" when the court evaluates whether the moratorium should be allowed to stand. Dennis partially dissented in the ruling, saying that he would have let the moratorium remain in place.
"Why are we in a position to second-guess the secretary on whether or not there's a threat of irreparable harm?" the judge asked at the hearing.
Dennis said he was satisfied that Salazar's decision wasn't arbitrary or irrational, but he wanted to hear more from the Interior Department about why a six-month moratorium was needed....
...The administration is fighting to preserve the ban on two tracks. (click title to entry - thank you) As the government defends the moratorium in federal court, Interior Secretary Ken Salazar is planning to issue a revised ban - this time written with more justification and enough nuance that it could survive a legal challenge....
