5000 barrels a day of oil (210,000 gallons) leak off the coast of Louisiana

[DiscoBiscuit]

OK:

Under the Federal Rules of Civil Procedure
Rule 60. Relief from Judgment or Order
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

http://en.wikipedia.org/wiki/Motion_to_set_aside_judgment

Nice pastie. The hard part is explaining it in regard to your argument. Oil wells aren't flipped on or off with a switch. Nobody's gonna drill with an appeal in the works whether you give the go-ahead or not.

Eric Smith, associate director of the Tulane Energy Institute, said that rigs are unlikely to go back to work while court battles are pending because drilling is too expensive for random stops and starts. "People are not going to reverse those decisions until they get a clearer picture of what the injunction says," Smith said. "You've created uncertainty."

http://www.nola.com/news/gulf-oil-spill/index.ssf/2010/06/deepwater_drilling_moratorium_2.html

See, W-r, you've created certainty ("out on it's ass".) Like I said, a better understanding always helps.

 

[White-rhino]

Nice pastie. The hard part is explaining it in regard to your argument. Oil wells aren't flipped on or off with a switch. Nobody's gonna drill with an appeal in the works whether you give the go-ahead or not.

OH, so now you go from claiming that the moratorium is still in place, to "no one will drill" because of a six month moratorium that was thrown out on its ass.

I pasted the rules for vacating the judgement. I don't see the governments case applying to any of those rules.

Put it this way - how many criminals remain free pending appeal? Almost none. You go to jail because of the judgement, and you appeal while serving the sentence, UNLESS there is a slim chance you can convince the higher court in advance that you will win the appeal. Quite rare. An appeal doesn't automatically vacate the judgement. See rules pasted above.

 

[Justin_Credible]

OH, so now you go from claiming that the moratorium is still in place, to "no one will drill" because of a six month moratorium that was thrown out on its ass.

I pasted the rules for vacating the judgement. I don't see the governments case applying to any of those rules.

Put it this way - how many criminals remain free pending appeal? None. You go to jail because of the judgement, and you appeal while serving the sentence. An appeal doesn't automatically vacate the judgement.

I just heard on the radio that a federal judge lifted it and it is gone. They are now back to work. They said some congressmen were pleading for it to be put back in effect with such a way to not impact the economy..but they were unheard cries. That is just what I heard on the way home.

 

[Amithia]

I'm not too sure about this because maybe explosives down an underwater well act differently then in open underwater situations, but the concussion, the shock waves, are detrimental to underwater creatures in a large radius in all directions. Its not like setting off a bomb in the forest, the waves go through the water differently.

Hate to say it and some1 else may have but those fish and other life are dead anyways with the amount of oil floating freely!

 

[Justin_Credible]

Hate to say it and some1 else may have but those fish and other life are dead anyways with the amount of oil floating freely!

that whole eco system is toast for at least the next decade. so sad...

 

[White-rhino]

I just heard on the radio that a federal judge lifted it and it is gone. They are now back to work. They said some congressmen were pleading for it to be put back in effect with such a way to not impact the economy..but they were unheard cries. That is just what I heard on the way home.

If that is true, it is hilarious. Someone should call the nimrod at Tulane and inform him that as he was pontificating that no would would go back to work, workers were headed back out to the rigs.

 

[DiscoBiscuit]

Put it this way - how many criminals remain free pending appeal? None. You go to jail because of the judgement, and you appeal while serving the sentence, UNLESS there is a slim chance you can convince the higher court in advance that you will win the appeal. Quite rare. An appeal doesn't automatically vacate the judgement.

This isn't criminal, yet. I just gave you a legal opinion the references "uncertainty" with the ruling. You've got the right to disagree but whether it translates into pre-appeal drilling is another story.

This is more to do with your "out on it's ass" interpretation. It's a process that's anything but certain, unless you allow ideology to trump law. "Uncertainty" suggests existing law isn't necessarily clear in this case.

 

[Justin_Credible]

If that is true, it is hilarious. Someone should call the nimrod at Tulane and inform him that as he was pontificating that no would would go back to work, workers were headed back out to the rigs.

I do not have any reason myself to lie to you or anyone else in here. I heard that on the radio on the way home. It was breaking news and they played an audio clip of the judge and what he said about it being unfair to the people...etc.etc. Nothing humorous at all about this situation..almost makes me cry.

 

[DiscoBiscuit]

I do not have any reason myself to lie to you or anyone else in here. I heard that on the radio on the way home. It was breaking news and they played an audio clip of the judge and what he said about it being unfair to the people...etc.etc. Nothing humorous at all about this situation..almost makes me cry.

Did you hear about the good judge owning stock in 7 or 8 oil services companies? Seems like a conflict of interest to me.

 

[DiscoBiscuit]

If that is true, it is hilarious. Someone should call the nimrod at Tulane and inform him that as he was pontificating that no would would go back to work, workers were headed back out to the rigs.

There are lots of workers that don't drill for a living.

 

[Flux451]

BIO-FUEL BIO DIESEL -

High oil content algaes can be over 90% oil, and grows expotentially faster then and land plant, say bamboo.

I do not know if it is just impractical on smaller scales but I do believe the reason I do not know about that, and why the larger plans never fruited... is that innovation, like oil and diamonds and information is held in asymmetrical restraints.

Inventors are bought out and killed, and intellectual property is locked away, like shutting down all the beautiful parks, it is just not a bright idea.... F-ING-PIGMAN

 

[Justin_Credible]

This isn't criminal, yet. I just gave you a legal opinion the references "uncertainty" with the ruling. You've got the right to disagree but whether it translates into pre-appeal drilling is another story.

This is more to do with your "out on it's ass" interpretation. It's a process that's anything but certain, unless you allow ideology to trump law. "Uncertainty" suggests existing law isn't necessarily clear in this case.

Hey DB,
I have heard you talking about justice being served since this started. I thought to myself you were correct, but I think that was just impulse passion. It took 26 yrs to find some justice from the Bhopal incident.

http://articles.latimes.com/2010/jun/07/world/la-fg-bhopal-verdict-20100608

No people died in this instance, yes the 11 from the rig. If this was due to negligence on behalf of BP then let justice be served. However, you and I both agree that these companies regulate themselves. I was shocked when I heard that! I always assumed it was like any other big business...epa regs over here are different then that over in China...in other words...I did not expect this to ever happen off the coast of America. Lesson learned..never assume..ass-u-me

 

[White-rhino]

There are lots of workers that don't drill for a living.

I know. 20,000 he directly put out of work. 300,000 indirectly fired over his misguided assault on the economy.

Gotta love that fascism. Its all fun and games till a judge puts a boot to your neck.

 

[DiscoBiscuit]

What's your plan when the next blowout runs alongside the one we have atm?

 

[White-rhino]

What's your plan when the next blowout runs alongside the one we have atm?

Shove the president down into the hole.

 

[Azeotrope]

The closest we've ever been to Fascism was the last potus. Obama believes in the majority of people not monopoly of/by corporations.

No he didn't put 20,000 out of work. The oil companies did by failing to be responsible which left no other choice than the moratorium(SP?) on deep water drilling. The last attempt at trickle down economics (corporate rule) put the economy where it is/has been. It never trickels down.

 

[JackTheGrower]

BP admits it actually 100,000 barrels a day

BP admits it actually 100,000 barrels a day

BP admits it's actually 100,000 barrels a day.

I watched Democracy Now news and it's Official.. As I posted before the amount of oil spewing is 100,000 barrels a day or from 210000 gallons (5000 barrels) per day to up to 2.52 million gallons ... Gulf of Mexico at the rate of 100000 barrels (4.2 million gallons) per day, ...

We can see how BP has lied to us all and even our own wanted to accept the lies as truth.

 

[Danks2005]

BP admits it's actually 100,000 barrels a day.

I watched Democracy Now news and it's Official.. As I posted before the amount of oil spewing is 100,000 barrels a day or from 210000 gallons (5000 barrels) per day to up to 2.52 million gallons ... Gulf of Mexico at the rate of 100000 barrels (4.2 million gallons) per day, ...

We can see how BP has lied to us all and even our own wanted to accept the lies as truth.

Sure sounds like the truth to me, but can you cite the article?

 

[White-rhino]

The closest we've ever been to Fascism was the last potus. Obama believes in the majority of people not monopoly of/by corporations.

No he didn't put 20,000 out of work. The oil companies did by failing to be responsible which left no other choice than the moratorium(SP?) on deep water drilling. The last attempt at trickle down economics (corporate rule) put the economy where it is/has been. It never trickels down.

Yeah, it was him alone that put 20,000 out of work. The judge was pretty clear in that. And it wasn't actually 20,000, but 300,000. I should stop using that inaccurate low number. My apologies.

For example - When a jetliner crashes, and you shut down the entire region (after waiting about 50 days) , throwing everyone in that region out of work, it wasn't the pilot that threw them out of work, it was the guy that shut down the industry.

And I don't recall Bush taking over 60% of the US economy like this fascist has in 18 short months. So while dip shits accused Bush of fascism for enforcing Iraq's signed surrender agreement. The real fascist is in office right now.

You also seem to have a little trouble on the definition of monopoly. Its not "large company".

 

[DiscoBiscuit]

Yeah, it was him alone that put 20,000 out of work.

Yep, he paid off all those regulators real good. And when cash wasn't enough, he rounded up all the coke and meth it took for big oil executives to (literally and figuratively) fuck the regulators already hooked on dope. One big happy party.