Appeals court rejects effort by US government to keep offshore drilling moratorium in place

By Michael Kunzelman, AP
Thursday, July 8, 2010

Court rejects US bid to keep drilling moratorium

NEW ORLEANS — A federal appeals court has rejected the U.S. government’s effort to keep a six-month deepwater drilling moratorium in place.

A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled soon after a Thursday afternoon hearing in a lawsuit filed by companies that oppose the drilling ban.

The Interior Department said the moratorium was necessary while it studied deepwater drilling risks in the wake of the BP oil spill.

The moratorium was previously struck down by a lower court on June 22.

The appeals court ruling found that the Interior Department failed to show the federal government would suffer “irreparable injury” if the ban isn’t restored while it appeals the lower court’s decision.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

NEW ORLEANS (AP) — A federal appeals court says it will rule by early next week on a Justice Department bid to delay a lower-court decision overturning a six-month deepwater drilling moratorium.

A three-judge panel of the 5th U.S. Circuit Court of Appeals didn’t rule Thursday after hearing from lawyers on both sides of a lawsuit filed by companies that oppose the drilling ban.

The Interior Department said the moratorium was necessary while it studied deepwater drilling risks in the wake of the BP oil spill.

The judges seemed to disagree about who should be shown more deference: District Judge Martin Feldman, who struck down the moratorium, or the authority of Interior Secretary Ken Salazar, who proclaimed it.

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