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Judge bars gas drilling in roadless areas
The Daily Sentinel ^ | December 01, 2006 | BOBBY MAGILL

Posted on 12/01/2006 8:41:40 AM PST by george76

The federal judge who overturned the Bush administration’s Roadless Rule declared Wednesday that energy companies can’t set up their drill rigs on any undeveloped oil and gas lease issued since 2001 within a roadless area.

U.S. Magistrate Judge Elizabeth D. LaPorte ruled in September that President Bill Clinton’s 2001 Roadless Rule be reinstated, protecting 4.4 million acres of roadless areas in Colorado national forests and more than 58 million acres nationwide.

Her ruling Wednesday prevents the U.S. Forest Service from approving or allowing any surface disturbance of a mineral lease issued after Jan. 12, 2001, on which drilling or development has not already begun.

In Colorado, Utah and North Dakota, about 327 leases could be affected by the judgment, LaPorte ruled. Permits to drill have not yet been issued for those leases.

After LaPorte in September sidelined Bush’s 2005 rule requiring states to petition the U.S. Department of Agriculture regarding national forest lands suitable for protection as roadless areas, the plaintiffs in the case asked her to take the ruling a step further.

The plaintiffs — four Western states and a slate of environmental groups — asked for an injunction against a number of energy leases in various stages of government approval that hadn’t yet seen any on-the-ground drilling activity.

LaPorte ruled that, although the government argued it and the lease owners would suffer economically if the leases are enjoined, “economic loss is not irreparable.”

“My reaction is: Whoopee!” said Sloan Shoemaker, executive director of the Carbondale-based Wilderness Workshop, calling the ruling a second step in LaPorte’s September judgment.

(Excerpt) Read more at gjsentinel.com ...


TOPICS: Extended News; Government; US: Colorado; US: North Dakota; US: Utah
KEYWORDS: blm; bush; doa; energy; environment; forestservice; gas; govwatch; judgelaporte; judiciary; laporte; naturalgas; roadless; roadlessrule; us; usforestservice; usfs; wilderness; wildernessworkshop
the nitwit judge who banned the Navy from using its new sonar system?

ht Diddle E. Squat

1 posted on 12/01/2006 8:41:41 AM PST by george76
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To: Diddle E. Squat; Grampa Dave; SierraWasp; Carry_Okie; BIGLOOK

" the nitwit judge who banned the Navy from using its new sonar system? "

ht : Diddle E. Squat


2 posted on 12/01/2006 8:42:58 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Who needs a President when we have judges running the country???


3 posted on 12/01/2006 8:43:31 AM PST by Always Right
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To: Always Right; NormsRevenge

4 posted on 12/01/2006 8:49:34 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
and you know she complains about the price of gas...
5 posted on 12/01/2006 8:53:06 AM PST by Youngman442002
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To: george76

I guess there will never be an explaination of the legal rationale that a judge can make such a ruling? Does Bush not have the authority to overturn an Executive Order of a prior President? How is an ex-President's EO above the current President?


6 posted on 12/01/2006 8:54:56 AM PST by Always Right
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To: george76

Judges cannot legally 'overturn' laws or reinstate statues.

If a question arises as to it's constitutionality, they can only refer it back to Congress to be redressed.

This judge, and many like others, are trying to make law from the bench.


7 posted on 12/01/2006 8:56:43 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: george76

Not sure about this ruling, but I do have one concern about drilling in a roadless area and that is accidents. A forest fire occurs, and the well and rig explode. How other than through the air do rescuers respond to a big crude oil fire?

This is probably not the reason behind the rule, but safety should dictate that there should be a reasonable way for emergency evacuation and emergency response to a site drilling a flammable and toxic material.


8 posted on 12/01/2006 8:58:19 AM PST by dogbyte12
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To: Youngman442002

" and you know she complains about the price of gas..."

and she probably blames Bush !



9 posted on 12/01/2006 9:00:39 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
An executive order issued by a Democrat President is almost on a par with constitutional law and therefore obviously should overrule any subsequent executive order issued by a Republican President. If we have another Democrat President then naturally their new executive orders will automatically be allowed to remove any prior Republican rulings. The job of a Democrat Judge is to guarantee that the Democrat party rules and as such their is no need for a judge's rulings to have any rational basis in law.
10 posted on 12/01/2006 9:02:12 AM PST by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Always Right

" Who needs a President when we have judges running the country??? "

...or a congress.


11 posted on 12/01/2006 9:02:36 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: dogbyte12
Not sure about this ruling, but I do have one concern about drilling in a roadless area and that is accidents. A forest fire occurs, and the well and rig explode. How other than through the air do rescuers respond to a big crude oil fire?

A few points:


12 posted on 12/01/2006 9:02:49 AM PST by TChris (We scoff at honor and are shocked to find traitors among us. - C.S. Lewis)
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To: george76
Robe wearing moonbat al-qaeda sympathizing activist liberal Judge.

Could this idiot get all that on a business card ??
13 posted on 12/01/2006 9:04:43 AM PST by IrishMike (Democrats .... Stuck on Stupid, RINO's ...the most vicious judas goats)
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To: dogbyte12

Whoopee!” said Sloan Shoemaker, executive director of the Carbondale-based Wilderness Workshop, calling the ruling a second step in LaPorte’s September judgment.

“The Clinton Roadless Rule said you can get the natural gas out, lease these areas, but you can’t disturb the surface of them,” he said. “We’ve always said the same thing.”



These liberals like to see the forests burn...really.


14 posted on 12/01/2006 9:07:52 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: jdsteel

" Let's hope for this to be quickly overturned."

The next step...



by jdsteel


15 posted on 12/01/2006 9:10:09 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: IrishMike; TigersEye

" Apparently she supports the position that public lands belong to the state not the people.

How Stalinistic of her."


ht TigersEye


16 posted on 12/01/2006 9:11:40 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: TChris

"This is about gas drilling, not oil."

Huh?


17 posted on 12/01/2006 9:12:17 AM PST by Rte66
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To: Rte66
> "This is about gas drilling, not oil."

Huh?

It was in response to his question: How other than through the air do rescuers respond to a big crude oil fire?

18 posted on 12/01/2006 9:14:45 AM PST by TChris (We scoff at honor and are shocked to find traitors among us. - C.S. Lewis)
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To: TChris

How do you know these are just natural gas leases? It says "minerals leases."


19 posted on 12/01/2006 9:16:00 AM PST by Rte66
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To: george76
U.S. Magistrate Judge Elizabeth D. LaPorte - She evidently has never read the Constitution. But then what does it matter for a anti-Aemrican left-wing Democrat.
20 posted on 12/01/2006 9:17:36 AM PST by YOUGOTIT
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To: YOUGOTIT

These Judges also defer to the UN, France...make up stuff...


21 posted on 12/01/2006 9:19:25 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Rte66
How do you know these are just natural gas leases? It says "minerals leases."

Sheesh! I was just pointing out that the title of the article refers to "gas drilling". I'm making the rash assumption that the author had some reason to specify "gas drilling." Give me a break!

22 posted on 12/01/2006 9:19:54 AM PST by TChris (We scoff at honor and are shocked to find traitors among us. - C.S. Lewis)
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To: Always Right
Does Bush not have the authority to overturn an Executive Order of a prior President?

Absolutely. Of course the next President can re-instate it.

Personally I think EO's should expire with the President's Term. If they want to make them continue, have the next President review each one and issue re-orders.

23 posted on 12/01/2006 9:25:20 AM PST by Centurion2000 (If the Romans had nukes, Carthage would still be glowing.)
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To: george76

a federal judge who earns 200k per year. Federal Pension.
Lifetime job security with no mandatory retirement.

She does not live in the same world as the rest of society.


Perhaps it should be a requirement for citizenship that you have to kill, clean and eat something and that is your only source of survival.

These are the morons who think anwar is somthing worth saving.


24 posted on 12/01/2006 9:26:21 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: TChris

OK ... " ... “The Clinton Roadless Rule said you can get the natural gas out, lease these areas, but you can’t disturb the surface of them,” he said. “We’ve always said the same thing.” ..."

I didn't know this Roadless Rule only applied to natural gas wells. IOW, they can drill all the oil wells they want, but they'll have vent the gas or something, I guess. And they'll have to drill them directionally from a distance outside the area, I suppose.

I love that "you can get the natural gas out" but you can't drill for it. Just bust open someone's existing pipeline! From your helicopter.

Doesn't make any sense at all.


25 posted on 12/01/2006 9:32:33 AM PST by Rte66
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To: george76

The irony of it all.

Resource rich, we sit as the ugly step sister at the dinner table of OPEC.


26 posted on 12/01/2006 9:37:32 AM PST by NormsRevenge (Semper Fi ...... Kyl / Cornyn in '08)
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To: dogbyte12
Not sure about this ruling, but I do have one concern about drilling in a roadless area and that is accidents. A forest fire occurs, and the well and rig explode. How other than through the air do rescuers respond to a big crude oil fire? This is probably not the reason behind the rule, but safety should dictate that there should be a reasonable way for emergency evacuation and emergency response to a site drilling a flammable and toxic material.

These plans exist already I'm sure, as the oil companies don't want to lose any rigs either. And you can bet they have safety plans galore. Most of this area is sage brush badlands anyway.

The USFS doesn't give a rip about big fires, as they refuse to allow harvesting of millions of acres of beetle-killed and/or blown-down timber. They and the environmentalists don't care if the whole forest goes up in a blaze, just as long as no one is allowed to make any money from oil and gas leases, or timber.

27 posted on 12/01/2006 10:15:12 AM PST by Red Boots
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To: TChris; Rte66

THey are gas leases. I know 'cause I live here.


28 posted on 12/01/2006 10:16:58 AM PST by Red Boots
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To: george76

So what physical entity would actually stop them? I say do it anyway while citing Bush's order and state they do not recognize any law-making powers of the judge.


29 posted on 12/01/2006 10:25:23 AM PST by Niteranger68 (Big winners of election 2006: Democrats, terrorists, MSM, Hollywood, anti-war protestors, etc.)
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To: NormsRevenge

" Resource rich, we sit as the ugly step sister at the dinner table of OPEC."

Sad .


30 posted on 12/01/2006 10:32:43 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: longtermmemmory

" She does not live in the same world as the rest of society. "

yup


31 posted on 12/01/2006 10:33:54 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: dogbyte12
Not sure about this ruling, but I do have one concern about drilling in a roadless area and that is accidents. A forest fire occurs, and the well and rig explode. How other than through the air do rescuers respond to a big crude oil fire?

That stated "concern" is pure bullship. How in the hell dig the oil rig get there in the first place? Transmorification? Get real.

Besides, a fire would destroy the rig and all those evil oil men and that's a good thing.

32 posted on 12/01/2006 10:36:38 AM PST by USS Alaska (Nuke the terrorist savages - In Honor of Standing Wolf)
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To: RacerF150

BLM or the forest service could sit on the new gas drilling lease offerings.

There are many liberals inside of BLM, etc. who would love to do nothing.

They can delay Bush's orders for years ?


33 posted on 12/01/2006 10:36:52 AM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Red Boots

" ... 4.4 million acres of roadless areas in Colorado national forests and more than 58 million acres nationwide. ..."

I didn't think this was just about the Rocky Mtn region - it seemed to apply to the Mid-Continent and everywhere else. It still doesn't make sense to outlaw new drilling of natural gas wells and not oil wells - not that I want that to happen, for sure.


34 posted on 12/01/2006 11:26:09 AM PST by Rte66
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To: Rte66
You're right. I saw that it was from our local newspaper, and was just thinking about the local fight around here, which mostly involves gas leases, but also probably includes oil shale and even narcolite.

Then I re-read the article more carefully....so I stand corrected.

HOw are you doing , BTW ?

35 posted on 12/01/2006 11:33:25 AM PST by Red Boots
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To: Red Boots

Good today, thanks. Haven't faced the frigid air yet, though - will be doing that shortly.

It hasn't bothered me, asthma-wise in the over 2 years I've had it, BUT I'm sicker now - and cold air is *supposed* to be the main trigger for other people. We'll see!

How bout you? Do you have snow on the ground?


36 posted on 12/01/2006 11:42:26 AM PST by Rte66
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To: Rte66

Yes- we do have snow, about 3 inches, that's melting slowly. It's pretty, and cold -like 7 degrees yesterday morning. It doesn't stay too cold for long around here.

I didn't know that cold air triggered asthma- I hope it won't for you, and that it will warm up quickly, too.


37 posted on 12/01/2006 12:21:40 PM PST by Red Boots
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To: george76

Some of these judges think they are gods now.


38 posted on 12/01/2006 1:51:55 PM PST by Diddle E. Squat
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To: george76
Oh yeah, on her sonar ruling:

Federal Judge Agrees: LFA May Pose "Irreparable Harm" to Marine Life

39 posted on 12/01/2006 1:56:36 PM PST by Diddle E. Squat
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To: Diddle E. Squat

These judges should be removed.

I wish that the processes would start.

If a few were removed, many of the others would cool it.


40 posted on 12/01/2006 2:56:00 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Diddle E. Squat

Thanks and good find.

She should not be a judge !


41 posted on 12/01/2006 2:57:05 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: dogbyte12

How other than through the air do rescuers respond to a big crude oil fire?



The same way they do now, let it burn, and bill the company. As others have stated the USFS, BLM, etc don't give a rat's *$$ about forest fires, or forest health. If they did, the policies would have been squashed long before they were implemented.


42 posted on 12/01/2006 3:06:01 PM PST by SFC Chromey (We are at war with Islamofascists, now ACT LIKE IT!)
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To: Red Boots

Didn't bother me today - but then, it was around 55-56 degrees, lol - not frigid, which I had expected. I haven't had the heat on yet - 33 last night but I've had the windows open! Take care.


43 posted on 12/01/2006 3:09:50 PM PST by Rte66
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To: george76
One of the most lingering disappointments I have had concerning this administration is the review of the Executive Orders issued by the Clinton White House and frankly I can not recall any or at least any significant ones being reversed or revoked. The two that bother me most are the roadless initiative, with the groundwater arsenic level a very close second. The Utah coal nation park one was a bad one also IMO.
The dropping of the allowable arsenic in drinking water is going to cost millions of dollars maybe hundreds of millions. Please show me some one who died of arsenic poisoning from drinking a glass of tap water in the last 50 years, hell I'm easy let's go 75 years.
44 posted on 12/01/2006 3:20:01 PM PST by thinkthenpost
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To: dogbyte12

We have a little independent oil company and any time you go into an area to develop there are no roads. You build the roads as you develop. That is stupid, no roads! You go into farm fields of corn, river bottoms, brush, wherever the geologist acertains a possible oil formation may be discovered. One place near me drilled below a lake......no road there. They drilled diagonal under the water and produced a whopper. Whew!


45 posted on 12/01/2006 3:38:42 PM PST by GrannyK
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To: thinkthenpost

The new roadless areas often have existing historical roads that the feds are closing and trying to close even more existing roads.

They also close existing hiking trails to hikers...

The "PC" spin is no new roads, but the reality is that they are removing existing roads.

They are denying access to public lands by the public. We can not hike, have lunch, etc. after these areas are closed.

The feds also propose rules to stop camping by families. One proposal was one person camping per mile. So a family of four had to carry in four tents and place each tent one a mile apart !


46 posted on 12/01/2006 4:47:48 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Time for bed, I thought it said Gas GRILLING banned, LOL!


47 posted on 12/01/2006 10:07:13 PM PST by skepsel
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To: george76
"No energy independence for you!" - Land Use Nazi

Regime change in the courts. Impeach activist judges!

48 posted on 12/01/2006 10:16:08 PM PST by TigersEye (Ego chatters on endlessly. Mind speaks in great silence.)
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