tag:blogger.com,1999:blog-4664957094233317169.post4527180128218357404..comments2023-12-26T05:33:56.740-05:00Comments on John Hanger's Facts of The Day: NY AG Sues About DRBC Drilling: Law Professors HuddleJohn Hangerhttp://www.blogger.com/profile/06565915866938789295noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-4664957094233317169.post-40542288159707803822011-09-12T05:36:59.421-04:002011-09-12T05:36:59.421-04:00uh.. isn't in fact true that the Army Corps of...uh.. isn't in fact true that the Army Corps of Engineers are the ones who denied Schneiderman's request for an EIS? Therefore, why would he sue the DRBC themselves? Deluca, the Rep for the Army Corp of Engineers said he was denying his request for an EIS based on Federal Law. So Schneiderman is correct in suing the Army Corp of Engineers. Am I wrong?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4664957094233317169.post-7492204940142998622011-06-04T12:51:06.669-04:002011-06-04T12:51:06.669-04:00Andy:
Thank you for the helpful comments. The fai...Andy:<br /><br />Thank you for the helpful comments. The failure to name the DRBC is telling. Sorry for the belated response.John Hangerhttps://www.blogger.com/profile/06565915866938789295noreply@blogger.comtag:blogger.com,1999:blog-4664957094233317169.post-13860971960562308792011-06-01T22:31:59.748-04:002011-06-01T22:31:59.748-04:00Rule 11 of the Federal Rules of Civil Procedure is...Rule 11 of the Federal Rules of Civil Procedure is not something with which to mess.<br /><br />Politicians fooling people is nothing new. Federal Judges can react badly to lawyers waisting their time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4664957094233317169.post-26526803436263421252011-06-01T21:51:51.285-04:002011-06-01T21:51:51.285-04:00Yes -- to borrow a favorite phrase from the anti-d...Yes -- to borrow a favorite phrase from the anti-drilling rhetoricians -- this suit is "fatally flawed."<br /><br />Schneiderman's people know this. <br /><br />They're just fulfilling his need to posture politically, since he made such a federal case out of it, while campaigning.Andy Leahyhttps://www.blogger.com/profile/16550560528949162611noreply@blogger.comtag:blogger.com,1999:blog-4664957094233317169.post-73110192704526678762011-06-01T19:42:58.213-04:002011-06-01T19:42:58.213-04:00Since DRBC was not named as a defendant, does that...Since DRBC was not named as a defendant, does that mean in your view the suit cannot stop DRBC from acting on its proposed drilling rules?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4664957094233317169.post-83784722374605055282011-06-01T19:00:31.279-04:002011-06-01T19:00:31.279-04:00John,
The most revealing thing about this filing ...John,<br /><br />The most revealing thing about this filing is that NY AG Schneiderman didn't directly sue the DRBC.<br /><br />Instead, he named the Army Corps, Fish and Wildlife, the Park Service, the Interior Dept., and the EPA. Four out of five of these federal agencies have no role whatsoever in the DRBC, and the fifth -- the Army Corps -- holds one of five voting seats, the rest being states, including New York.<br /><br />So what's all this about?<br /><br />This is about Schneiderman flinching in recognition that -- despite all his campaign promises -- he's not allowed under the canons of his profession to do anything which ranks as essentially suing his own client, the State of New York.Andy Leahyhttps://www.blogger.com/profile/16550560528949162611noreply@blogger.com