Showing posts with label Ken Salazar. Show all posts
Showing posts with label Ken Salazar. Show all posts

Tuesday, June 29, 2010

Confusion, chaos reign with $20 billion BP shakedown fund--what could go wrong?

In a CNN interview on Monday, the administrator of the Obama regime's $20 billion shakedown/slush fund announced that, by Jove, his purview will indeed also include settling claims for individuals and businesses affected by the deepwater drilling moratorium.  That would be the moratorium that a Federal Judge has set aside and is technically no longer in effect.

But here's the kicker--Ken Feinberg didn't know his jurisdiction would include moratorium claims until the weekend:


"Yes, I now have discovered -- I didn't realize this until yesterday -- that the moratorium claims will fall under my jurisdiction," Feinberg said in an interview Monday on CNN.
"That's a huge development, and we didn't know that before?" replied the CNN reporter.
"I didn't either," Feinberg said.


Just last Thursday, Feinberg was telling reporters that idled workers couldn't submit claims against the $20 billion escrow account BP established following a June 16 meeting at the White House.  Instead, workers were expected to be compensated by a separate $100 million slush fund that was also agreed to at the June 16 meeting.

So, between last Thursday and his interview with CNN yesterday, who told Feinberg that his fund's jurisdiction would cover workers idled by the moratorium?  More interestingly, why is he being told to cover workers idled by a moratorium that cannot be enforced due to a court order?  

It's easy to understand the confusion that reigns over how these funds are to be administered.  If a formal agreement exists, no documentation of it has been made public.  First it was a $20 billion fund that was to be neither a guaranteed minimum nor a guaranteed maximum, nor was the establishment of the fund to mitigate BP's liability from the coming onslaught of civil lawsuits.  That fund was supposed to compensate individuals and businesses who were hurt by the spill's effects on tourism, fishing and other economic activities shut down by the spill.  Then, we learned about a separate $100 million fund that would serve workers idled by moratoria and other regime interference in the oil and gas sector.  Now, apparently, those two funds are to be conflated, co-mingled and completely confused with one another.  Gee, do you think there might be an opportunity for waste, fraud and abuse here, sports fans?

We already have fantastic evidence of how well managed these types of slush funds are.  Remember how well TARP and Porkulus funds were accounted for.  Why, every red cent went right where it was supposed to, didn't it? Remember also that this is the Gulf Coast, and the epicenter of this disaster is Louisiana.  In the five years since Katrina and Rita hit the state in a hurricane double-whammy, the a special task force at the Department of Justice is still indicting, prosecuting and convicting people of defrauding the government with bogus claims.

There's a $20 billion slush fund and its own administrator doesn't know what it covers.  There's supposedly a separate $100 million fund that's supposed to cover workers idled by the moratorium--the moratorium tossed out of court last week. Does Feinberg administer that fund as well, or is someone else in charge of it?  There's absolutely no documentation of the agreements between BP and the federal government, so we don't really know who's in charge of what fund and who can file claims against this one, that one or some other one.  And, there's a state with a legendary history of graft and corruption. 

Gee... What could go wrong?

Gimme some feedback in the comments.

Monday, June 28, 2010

Secretariat Salazarovich: I will give you stealth ban, peasants!

Two items in the media stream today bear some attention and point to what is quickly becoming an economic disaster as bad or worse than the Deepwater Horizon spill currently spewing oil into the Gulf of Mexico.  Secretariat Salazarovich isn't granting permits to drill anywhere--shallow or deep water.

The first is an opinion piece in Roll Call from Louisiana Representative Bill Cassidy. Cassidy writes, in part:

An offshore moratorium is also a job killer, not for executives at multinational energy corporations but for welders, pipefitters, roustabouts and the range of service and support industries connected to them. And these blue-collar workers won’t be able to make their mortgage payments or buy groceries for their families with unemployment checks and food stamps.

Job losses spurred by ending offshore production would extend far beyond the industry itself. The average multiplier effect for a job in energy production is 5.5. In other words, every job created in energy production leads to the creation of almost six more. The reverse is also true. Job losses would be most acute in areas most affected by the Deepwater Horizon spill, such as coastal Louisiana.

Even a temporary moratorium has significant economic consequences. The deep-water drilling rigs, upon which many of these jobs depend, can rent for $500,000 per day. During a moratorium, these rigs will be towed to Africa or Brazil to begin multiyear projects. Jobs directly and indirectly associated with these rigs will go to Africa and Brazil with them. This isn’t hypothetical; it’s already happening. Anadarko Petroleum Corp. already announced that it is moving rigs from the Gulf to other countries, and officials at Port Fourchon, La., have said that some of their tenants are weighing layoffs.

Instead of a knee-jerk overreaction, the president and Congress should pursue rational policy. There is a middle ground. Do a real-time analysis of what went wrong and implement corrective measures successively based on what we have learned.

Cassidy is absolutely correct.  Any stoppage of drilling in the Gulf of Mexico causes significant economic harm, not just to Louisiana, but to the Gulf Coast communities from Houston to Mobile.  It also causes significant economic harm to the nation by restricting supply and driving up energy prices at a time when the economy badly needs high-paying blue collar jobs like those in and supporting the offshore oil and gas industry.

But a second item in today's news shows that the Obama regime isn't the least bit concerned about jobs, the Gulf, or the energy needs of our economy.  CNN.com has a story about a "stealth ban," imposed by regulatory officials who have stopped granting permits on already leased tracts:

But drillers in shallow water say they haven't been issued permits since the April 20 explosion. The delay has already forced hundreds of layoffs, and many more could be on the way.

"I'm almost out of business over here," said Paul Butler, president of Spartan Offshore, a small drilling company in Metairie, La.

Butler said that only one of his four drill rigs are operating; all four were drilling before the spill. Spartan has six contracts that would put his entire fleet back to work, but he can't get going until the permits come through, he added.

The week before last, Butler said he had to lay off 72 employees. Come Tuesday he'll have to let another 140 go.

"That's 140 families, is how I look at it," Butler said.

Same is true at Hercules Offshore, the largest shallow water driller in the Gulf.

"The Department of Interior isn't issuing permits," said Jim Noe, a Hercules executive. "By mid July all of our rigs will be on the beach, and the workers without a job."

That could be a lot of jobs.

  Judge Martin Feldman imposed an injunction on the deepwater drilling moratorium last week, and the ban on shallow water drilling was lifted June 8, a full three weeks ago. Could the regime be in contempt of court?  Or, could it be arbitrarily and capriciously exercising regulatory power, causing undue economic hardship?

Interior officials quoted in the CNN.com story told reporters that new safety requirements were issued along with the lifting of the shallow water moratorium, and that none of the permits have complied. Representatives from both Spartan Drilling and Hercules Offshore, along with representatives from a local oilfield services company, have told me that this is not true.  Revised permit requests meeting or exceeding the NTL linked above were submitted within a week of the June 8 issuance date, and pointed out to me that the NTL specifically requires all such paperwork to be submitted no later than June 17, and specifically outlines the additional data required:

Operators must submit the following information by 5:00 pm EDT June 17, 2010, to the address set forth below:

  1. BOP and well control system configuration. This includes the piping diagram of the stack and control system, including the BOP stations and accumulator system.
  2. BOP and well control system test results, including any anomalies in testing or operation of critical BOP components. Submit test results (charts, digital pressure data, forms, etc.) and information on any initial failed test attempts and remedy to obtain a successful test.
  3. BOP and loss of well control events. Document any loss of well control event, even if temporary, and the cause of the event. The operator does not have to include kicks that were controlled but should include the release of fluids through a diverter.
  4. BOP and well control system downtime. Submit downtime related to BOP and well control system failures (failure to test properly).

All of the paperwork is in, yet MMS hasn't granted a permit in more than two weeks. 


Furthermore, very few of the shallow water wells from Texas to the Alabama-Florida state line are producing oil.  The vast majority are producing natural gas, in very shallow water, in areas where the geology is much better known.  Since the MMS began managing offshore drilling in 1982, not a single spill of significance has occurred in the shallow water zone of the Gulf of Mexico.  Not one.

The refusal of the Obama regime to grant permits that meet the regulatory guidance constitutes a dereliction of duty.  There is no legitimate reason to deny these companies the ability to drill and produce in shallow water.  The safety record is flawless, and the new safety requirements have been met.  If the regime doesn't begin issuing permits within a reasonable time, these companies should haul Secretariat Salazarovich before a Judge in the Eastern District Federal Court, and force him to do his job.

Gimme some feedback in the comments.

Thursday, June 24, 2010

Law.com: Judge Martin Feldman is "fair, terrifying."

 Judge Martin Feldman, the judge who schooled the Obama regime on the rule of law and handed down a harsh, scathing ruling on Tuesday is profiled today on Law.com.  The profile describes a jurist who is stern, uncontroversial, fair and at times...  "terrifying."

The judge who blocked the Obama administration's moratorium on deep-water oil drilling has a reputation as a stern jurist, but until now he has sparked little controversy during his 27-year judicial career.

With a reversal record since 2000 that is the second-lowest among the judges of the U.S. District Court for the Eastern District of Louisiana, Martin Feldman has navigated his position without much drama. Within the New Orleans legal community, the 1983 Reagan appointee has a reputation for demanding exactness and little tolerance for missteps from the attorneys who appear in his court.

"He can be terrifying," said a New Orleans attorney who didn't want to be identified because the judge has presided over some of his cases.

Since 2000, the 5th U.S. Circuit Court of Appeals has reversed Feldman 10 times, affirmed 107 out of 159 of his decisions and dismissed 24 appeals.

According to one of the attorneys quoted in the article, you don't go into his courtroom unprepared, which is almost certainly what Eric Holder's DOJ lawyers did earlier this week.

The Obama regime--from the head man down to the least litigator in the DOJ--is a bunch that is swimming in a sea of their own arrogance.  They don't believe there are any checks on their power, and they clearly underestimated the 27-year veteran jurist.

Earlier today, Judge Feldman dealt the regime another blow--denying their petition to stay his injunction pending appeal.  This clears the way for Andarko, Noble, Shell and others to re-mobilize their equipment and resume drilling.  No one has yet announced plans to do so, but with the Government now facing a less than likely chance that Feldman's decision will be overturned, they're probably warming up the engines, stocking the galley with provisions, and putting the crews on standby.

Drill baby, drill!

UPDATE: Judge Feldman is now receiving death threats, and, according to the Bayou Buzz, the attacks on his impartiality are entirely baseless slander:

If Feldman held financial interests in any of companies involved in the lawsuit or the Deepwater Horizon rig, he would not have been allowed the take the case. The 5th District Court uses a sophisticated computer system to check whether judges have a conflict of interest in any legal proceeding. This system automatically determines whether a judge needs to be recused from a particular case. In this lawsuit, Feldman was allowed to take the case because he did not own any stock related to the parties involved.

It's been a real tough day for the Büro des Zentralkomitee.

Wednesday, June 23, 2010

Companies accuse Obama regime of violating court order

Several companies accuse the Obama regime of violating Judge Feldman's order barring enforcement of the drilling moratorium.

Several companies say the Obama administration is ignoring a judge's decision to strike down a six-month ban on deepwater drilling.

Attorneys for the oilfield service companies said in court papers Wednesday that Salazar's comments have had a chilling effect on the resumption of drilling.

It's not yet clear whether DOI or USCG have prevented the movement of any vessels or ordered rigs to return to port.

UPDATE: Reuters has more:


"Secretary Salazar's comments have the obvious effect of chilling the resumption of OCS (Outer Continental Shelf) activities, which is precisely the wrong this court sought to redress through its preliminary injunction order," the companies said in their request to Feldman filed on Wednesday.

Obama administration officials "have chosen to ignore and disobey it," they said.

They asked Feldman to order the administration to "refrain and cease and desist from any additional effort to continue their enforcement of the moratorium."

The companies asked the judge to hold an emergency hearing as soon as possible

I'm leaving the headline as is--being accused of "ignoring and disobeying" a court order is the same as being accused of violating it.

But it's also likely that no on-the-ground officials have given verbal or written instructions stopping the plaintiffs from resuming pre-moratorium activities. Also, given the uncertainty associated with the appeals process, it's not likely that Andarko, Noble, Shell and others are mobilizing their deepwater assets back to their prospect holes yet.  The plaintiffs--oilfield services companies--essentially want Judge Feldman to issue a gag order to Secretariat Salazarovich.  He's running around Senate Committee rooms talking about a moratorium that's "in place," and such language, according to the plaintiffs, is keeping their clients in port and keeping their boats in port by extension.

Should be an interesting day tomorrow.

Gimme some feedback in the comments.

Secretariat Salazarovich: I will give you Deepwater Moratorium 2.0, peasants!

As early as Sunday, the Obama regime is expected to hand down Deepwater Drilling Moratorium 2.0.  In a statement issued late yesterday afternoon,секретариат Salazarovich angrily exclaimed to the Gulf Coast's oil and gas industry: "We will bury you!"

This of course, comes after US Federal Judge Martin Feldman scolded the regime for its heavyhanded and overbearing Deepwater Drilling Moratorium 1.0 and granted a request for an injunction barring enforcement of a sweeping six-month ban on offshore drilling. Feldman beat the Department and Secretariat Salazarovich about the head, neck and shoulders area using the tried and true bludgeon you and I know as the "Rule of Law."

But this regime, this Büro des Zentralkomitee, is possessed of an arrogance that is as breathtaking as it is alarming.  Salazarovich's statement, and Press Secretariat Robert Gibbsochev's comments yesterday to the media TASS show that they didn't seem to get Judge Feldman's point:

Salazar pointed to indications of inadequate safety precautions by industry on deepwater wells. "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."

White House spokesman Robert Gibbs said President Obama believes that until investigations can determine why the spill happened, continued deepwater drilling exposes workers and the environment to "a danger that the president does not believe we can afford."

Did they even bother to read Judge Feldman's ruling?  Oh, wait...

We already know why the spill happened.  BP made a series of risky decisions to cut corners down hole and the Obama regime's Department of Interior rubber stamped it.  Boom.  We also know why they can't get the spill under control.  BP's spill response plan was crap and no one in the Obama regime has the balls to take executive command of the situation.  Slosh. 

What we don't know is why the Politburo in Washington thinks that Judge Feldman isn't likely to issue a subpoena sua sponte and have Salazarovich appear before the Court and in a hearing to show cause why he should not be held in contempt. 

Extra Point:  Appeals courts almost never substitute their analysis of a case's facts for the analysis of the trial judge, just as the trial judge is not to substitute his judgement for that of the agency.  Feldman found no link between the evidence produced by the agency and the punitively broad nature of the moratorium. The appeals court is not going to reverse the decision based on analysis.  They will only overturn his decision as a matter of law, not of fact.

Gimme some feedback in the comments.

Wednesday, June 9, 2010

Shocker: BP's Response Plan Flawed!

Via NOLA.com:


Professor Peter Lutz is listed in BP's 2009 response plan for a Gulf of Mexico oil spill as a national wildlife expert. He died in 2005.

Under the heading "sensitive biological resources," the plan lists marine mammals including walruses, sea otters, sea lions and seals. None lives anywhere near the Gulf
....

BP PLC's 582-page regional spill plan for the Gulf, and its 52-page, site-specific plan for the Deepwater Horizon rig are riddled with omissions and glaring errors, according to an Associated Press analysis that details how BP officials have pretty much been making it up as they go along.

The AP analysis of the response plans is scathing and damning. Go read the story at the link, if you've the stomach for it.

Given the tragically comic collection of "engineering" solutions the company has attempted over the last seven weeks, including top hats, top kills, junk shots and such, the fact that BP's planning documents were fatally flawed is no great surprise at all. No, the real shocker is that the government approved these documents last year.

Expert dead for four years?  No problem.  No adverse impacts to marine life such as turtles, birds and mammals?  No problem.  What's that?  Those critters don't even live in this part of the world?  No problemo, dude!  Pass the joint and party on!


Extra Point: Both BP and MMS mouthpieces said something to the effect that these issues are being "investigated." What's the likelihood that, when Mr. Holder announces the results of a criminal probe, BP executives are indicted, while MMS employees walk?

Louisiana company sues Dept of Interior over deepwater moratorium

Hornbeck Offshore Services has filed a lawsuit against the Dept of Interior over the six-month moratorium on deepwater drilling in the Gulf of Mexico.  Hornbeck Offshore Services operates a fleet of service vessels that  haul men, materials and equipment to offshore drilling rigs including some of the 33 deepwater rigs idled by the moratorium. The company filed its complaint in US Federal Court in New Orleans.

Late last week, we learned that the impact of the moratorium would likely affect thousands of jobs and cost hundreds of millions in lost revenue, and that the effects of a "temporary" halt to drilling would have lasting and dire consequences.

The moratorium is typical, knee-jerk reactionary management.  It clearly indicates that the Obama regime does not think through the consequences of its actions. Immediately following its realization that the Deepwater Horizon spill was going to be a major environmental event, Obama ordered Ken Salazar to complete an inspection of all 33 deepwater rigs in the Gulf.  That inspection was completed and a report published May 12:


[The President] Ordered immediate inspections of all deepwater operations in the Gulf of Mexico. The inspections of deepwater drilling rigs found Incidents of Non-Compliance (INC) on two rigs. Those violations were corrected and no other violations were found. To view the inspection report, click here. Inspections of deepwater production platforms is ongoing.


Hornbeck's complaint claims that Salazar recommended the six-month moratorium to President Barack Obama without any legal justification. It's hard to argue with Hornbeck here. Interior inspected the rigs, declared the problems found to be minor, and essentially declared them safe. So issuance of the moratorium appears arbitrary, if not capricious. I have no legal training whatsoever, but it sounds like Hornbeck stands a good chance of having its request for an injunction granted.

Tuesday, May 11, 2010

A Culture of Substance Abuse and Promiscuity

The Obama regime plans to split up the Minerals Management Service, creating two agencies. The plan has yet to be fully developed, but regime officials familiar with the policy change told the AP that one agency would be responsible for safety and regulatory inspections and enforcement, while the other would be responsible for managing leases and collecting the billions in lease royalties.



Currently, the Minerals Management Service, an arm of the Interior Department, is responsible for collecting more than $10 billion a year from oil and gas drilling and with enforcing laws and regulations that apply to drilling operations.

Some critics have said the two roles are in conflict and are one reason the agency has long been accused of being too cozy with the oil and natural gas industry.

An internal investigation in 2008 described a "culture of substance abuse and promiscuity" by workers at the agency. The investigation by Interior's inspector general found workers at the MMS royalty collection office in Denver partied, had sex with and used drugs with energy company representatives. Workers also accepted gifts, ski trips and golf outings, the report by Inspector General Earl E. Devaney said.

The Associated Press: APNewsBreak: Salazar urges splitting energy agency



Extra Point: No one is saying which agency gets the drugs and which one gets the promiscuity.