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United States News
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Title: The LAW REQUIRES that the Federal Government and Obama take responsibility for this spill
Source: [None]
URL Source: http://www.huffingtonpost.com/2010/ ... -oil-spill-obama_n_608462.html
Published: Jun 13, 2010
Author: huffingtonpost.com
Post Date: 2010-06-13 12:37:13 by no gnu taxes
Keywords: None
Views: 467
Comments: 40

Obama is simply derelict in his duties:

Clean Water Act

§311(c)(1) The President shall institute means for the removal of an oil discharge and mitigation or prevention of the threat of a discharge (1) into the navigable water of the U.S. or adjoining shorelines; (2) into or on the waters of the exclusive economic zone; or (3) that may affect natural resources of the U.S. In doing so the President has the authority to make any arrangements for removal or prevention, direct removal actions, and remove or destroy a vessel releasing or that has the threat of releasing.

§311(c)(2) The President shall direct all Federal, State, and private actions to remove a discharge or mitigate or prevent the threat of a discharge from onshore or offshore facilities which is determined to be a substantial threat to the public health or welfare of the United States.

§311(j)(1)(A) The President is required to establish methods and procedures for removal of discharged oil and hazardous substances as part of the National Response System.

§311(j)(1)(C) The President is authorized to issue regulations establishing procedures, methods, equipment, and other requirements to prevent discharges of oil from vessels and facilities.

§311(j)(4) The President is authorized to establish Area Committees. These committees will prepare Area Contingency Plans that detail methods and procedures for responding to a worst case discharge, including the division of responsibilities among various authorities in a response. Each Area Committee will submit this plan to the President for approval.

§311(j)(5) The President is required to establish regulations for facility and vessel response plans.

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Begin Trace Mode for Comment # 18.

#1. To: no gnu taxes (#0)

You need to learn the legal differences between Shall, May and Must.

war  posted on  2010-06-13   12:41:08 ET  Reply   Untrace   Trace   Private Reply  


#2. To: war (#1)

I know them better than you as it is my job to know them.

no gnu taxes  posted on  2010-06-13   12:42:01 ET  Reply   Untrace   Trace   Private Reply  


#3. To: no gnu taxes (#2)

Bullshit.

war  posted on  2010-06-13   12:47:44 ET  Reply   Untrace   Trace   Private Reply  


#4. To: war (#3)

BS yourself:

Use of “shall,” “will,” and “may.” “Shall” is used to express a provision that is binding.

Federal Standardization Program definition.

Your messiah is derelict in his duties. You can't spin it away.

no gnu taxes  posted on  2010-06-13   12:52:43 ET  Reply   Untrace   Trace   Private Reply  


#5. To: no gnu taxes (#4) (Edited)

The general statutory definition of "shall" in US Code is not the same as in the 10 commandments, boy.

One is a direction and the other is a command.

The statute that you cite has a provision which explicitly uses the word "required" thus delegating the use of "shall" to a subordinate, non compelling definition.

I spent 16 years negotiating highly specialized contracts, boy. I know what i am talking about.

war  posted on  2010-06-13   12:58:45 ET  Reply   Untrace   Trace   Private Reply  


#6. To: war (#5)

The general statutory definition of "shall" in US Code is not the same as in the 10 commandments, boy.

It means the direction is not discretionary.

Since I deal with environmental rules on a daily basis, I, unlike you, know what I am talking about.

If some entity is directed to perform some action under the use of shall, that is not a negotiable requirement. The only difference is if a private company ignores these requirements, they are subject to strict civil and even criminal penalties. The kenyan feels like he can get away with whatever he wants, though.

Your messiah is in dereliction of his duty. Deal with it.

no gnu taxes  posted on  2010-06-13   13:10:01 ET  Reply   Untrace   Trace   Private Reply  


#8. To: no gnu taxes (#6) (Edited)

Since I deal with environmental rules on a daily basis, I, unlike you, know what I am talking about.

Whatever it is that you do in life it's a sure bet that you do not do it well.

The fact is, you have a statute which uses the word "required" which compels action. You also have the word SHALL which, as any 1L could tell you, that absent any specific language further compelling that act, it most CERTAINLY makes it discretionary.

You lose again, boy. Feel free to post a Lexis.Nexus to the contrary. You certainly are not a compelling authority.

[snicker]

war  posted on  2010-06-13   14:08:31 ET  Reply   Untrace   Trace   Private Reply  


#9. To: war (#8)

You are arguing semantics that don't even apply here and spinning like a top. The fact is the term "shall" in a Federal rule is a non-negotiable requirement. That's it. You're wrong. And my knowledge of the Rules has to stand up in Court.

The Feds clearly state that the Rules now put the responsibility with the President.

The OPA (Oil Pollution Act) amended §311 to mandate the President to take action to ensure “effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance.

no gnu taxes  posted on  2010-06-13   14:16:35 ET  Reply   Untrace   Trace   Private Reply  


#10. To: no gnu taxes (#9)

It bestows a power. it does not compel action. Buck up the case law, boy. You're not arguing with Boofer.

war  posted on  2010-06-13   14:20:44 ET  Reply   Untrace   Trace   Private Reply  


#11. To: war (#10)

Except as provided in paragraph (c) of this section, each owner or operator of a kiln or clinker cooler that is subject to the provisions of this subpart shall install, calibrate, maintain, and operate in accordance with §60.13 a continuous opacity monitoring system to measure the opacity of emissions discharged into the atmosphere from any kiln or clinker cooler.

So exactly what "power" is being bestowed in this use of shall, for example.

Terminology is used consistently in federal Rules language. As I pointed out, the Federal BLM indicates in this document that the President is responsible for oil spills.

http://www.blm.gov/nstc/WaterLaws/pdf/Chapter8.pdf

The OPA amended §311 to mandate the President to take action to ensure “effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance.

no gnu taxes  posted on  2010-06-13   14:37:04 ET  Reply   Untrace   Trace   Private Reply  


#12. To: no gnu taxes (#11)

As stated in (j)(1)(a).

You've got nothing.

There is nothing in that law that federalizes the total of the response to this accident.

war  posted on  2010-06-13   14:52:42 ET  Reply   Untrace   Trace   Private Reply  


#14. To: war (#12)

As stated in (j)(1)(a).

Even if what you were saying were true (and it's not), your messiah is not doing what he's "required" to under that provision either.

Your messiah id derelict in his duties.

no gnu taxes  posted on  2010-06-13   16:13:03 ET  Reply   Untrace   Trace   Private Reply  


#15. To: no gnu taxes (#14)

Your messiah id derelict in his duties.

Specifically what would you do if you were the messiah in this instance?

Id? Was that some kind of Freudian slip on your part?

Definition: ...the id is the personality component made up of unconscious psychic energy that works to satisfy basic urges, needs, and desires. The id operates based on the pleasure principle, which demands immediate gratification of needs.

lucysmom  posted on  2010-06-13   17:38:37 ET  Reply   Untrace   Trace   Private Reply  


#16. To: lucysmom (#15)

The President shall institute means for the removal of an oil discharge and mitigation or prevention of the threat of a discharge (1) into the navigable water of the U.S. or adjoining shorelines; (2) into or on the waters of the exclusive economic zone; or (3) that may affect natural resources of the U.S. In doing so the President has the authority to make any arrangements for removal or prevention, direct removal actions, and remove or destroy a vessel releasing or that has the threat of releasing.

The President shall direct all Federal, State, and private actions to remove a discharge or mitigate or prevent the threat of a discharge from onshore or offshore facilities which is determined to be a substantial threat to the public health or welfare of the United States.

What would I do?

What would you say the President is doing to fulfill his lawfully obligated responsibilities?

no gnu taxes  posted on  2010-06-13   17:50:48 ET  Reply   Untrace   Trace   Private Reply  


#17. To: no gnu taxes (#16)

What would I do?

Yes; what would you do?

lucysmom  posted on  2010-06-13   17:53:39 ET  Reply   Untrace   Trace   Private Reply  


#18. To: lucysmom (#17)

I don't have lawfully mandated responsibilities on the matter as the Kenyan, so I'm not even going to address that.

no gnu taxes  posted on  2010-06-13   18:45:00 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 18.

#19. To: no gnu taxes (#18) (Edited)

As Bush did during Katrina, waive the Jone act and allow other nations to help.

Canada, Netherlands, Sweden, France, Germany, Norway, The UK, ROK all have advanced oil skimming technology.

WhiteSands  posted on  2010-06-13 18:47:11 ET  Reply   Untrace   Trace   Private Reply  


#20. To: no gnu taxes (#18)

I'm not even going to address that.

I guess that's why he's the messiah and you're not.

lucysmom  posted on  2010-06-13 18:54:11 ET  Reply   Untrace   Trace   Private Reply  


#22. To: no gnu taxes (#18)

This is the crux of you corruption, boy.

war  posted on  2010-06-13 21:47:34 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 18.

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