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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: 500
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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#1. To: no gnu taxes (#0)

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

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

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


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

Bullshit.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-13   12:47:44 ET  Reply   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   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.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

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


#7. To: no gnu taxes (#6)

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

Why don't you deal with it.... get your own congressperson to start the impeachment. Hire Karl Rove and the Stalin head look alike Chertoff to get the ball rolling.

Making the world safe for United Fruit.

mininggold  posted on  2010-06-13   14:02:05 ET  Reply   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]

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-13   14:08:31 ET  Reply   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   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.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-13   14:20:44 ET  Reply   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   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.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

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


#13. To: war, no gnu taxes (#12)

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

Did you read the BLM Water laws?

He didn't and will not.

As illustrated by the mod here , war just makes stuff up.

i.e. war is a liar

-----------------------------------------------------------
Toss: ADL,CAIR and the Vatican into the pit they belong in.

WhiteSands  posted on  2010-06-13   15:13:33 ET  Reply   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   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   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   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   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   Trace   Private Reply  


#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.

-----------------------------------------------------------
Toss: ADL,CAIR and the Vatican into the pit they belong in.

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


#21. To: war, no gnu taxes (#1) (Edited)

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

IOW, according to war 0bama has legal standing in being negligent, incompetent, and stupid.

HA! A Leftist Apologist at work!

Liberator  posted on  2010-06-13   20:25:11 ET  Reply   Trace   Private Reply  


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

This is the crux of you corruption, boy.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

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


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

id

Freudian slip, boy?

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-13   21:53:01 ET  Reply   Trace   Private Reply  


#24. To: war (#22)

This is the crux of you corruption, boy.

I have no reason to be corrupt. The whole matter was brought up just to change the subject from the Kenyan's abdication of responsibility (as was your absurd semantics argument), and I am tired of going down that road.

no gnu taxes  posted on  2010-06-14   8:23:25 ET  Reply   Trace   Private Reply  


#25. To: no gnu taxes (#24)

I have no reason to be corrupt.

Please.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-14   8:29:37 ET  Reply   Trace   Private Reply  


#26. To: A K A Stone (#0) (Edited)

Content of the item linked to changed.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-14   8:37:47 ET  Reply   Trace   Private Reply  


#27. To: no gnu taxes (#24)

Kind amusing the liberals assert Big Government is 'the answer' to everything....except when it isn't....(laughing)

This IS a Federal problem. There is no realistic spin to be applied, for the simple reason of distance off shore.

Just 10 days prior to the explosion, the Obama administration’s regulators gave the oil rig a pass, and last year the Obama administration granted BP a National Environmental Policy Act (NEPA) exemption for its drilling operation.

Badeye  posted on  2010-06-14   8:55:15 ET  Reply   Trace   Private Reply  


#28. To: war (#26)

Ha Ha Ha

In full whine mode, are we?

I merely posted the thoughts of a commenter with the actual Rule he was referring to. I didn't make anything up, like some posters we know.

no gnu taxes  posted on  2010-06-14   9:03:46 ET  Reply   Trace   Private Reply  


#29. To: no gnu taxes (#28)

You merely changed the content of the article.

But that's okay, puddin'.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-14   9:07:26 ET  Reply   Trace   Private Reply  


#30. To: All (#29)

Actual Article:

GOP contenders test experience as 2012 theme against President Barack Obama By Alexander Bolton - 06/10/10 08:28 PM ET

Republican presidential contenders appear to have found a 2012 campaign theme: They’re spreading the word that President Barack Obama lacks enough real-world experience for the job, and that his response to the Gulf oil spill proves it.

No Republican has formally started to campaign, but several are speaking up now to say Obama is out of his league.

“I frankly think that he’s shown that in a crisis setting where there’s a deepwater oil spill, he’s out of his depth,” said Mitt Romney, the former Republican governor of Massachusetts, who ran for president in 2008.

“He just does not have the experience to actually lead. He’s a great speaker but not a great leader.”

Former Alaska Gov. Sarah Palin, the GOPs vice presidential nominee in 2008, said Obama’s lack of experience has become evident during the crisis.

“I think what the president is realizing is that his lack of executive experience is coming into play right now,” she said. “I know that he mocked and chided others who did have experience in the campaign and he acted like being a community organizer was all that it was going to take.”

Romney and Palin made their comments during appearances on Fox News.

A White House spokesman did not respond to a request for comment.

Republican leaders haven’t said much about Obama’s inexperience since he took office in January last year.

Hillary Clinton tried in vain to make the issue play to her benefit during the 2008 campaign.

Now the issue is making a comeback as Obama faces perhaps the biggest crisis of his presidency. More than six weeks after the Deepwater Horizon oil rig exploded in the Gulf of Mexico, killing 11, thousands of gallons of crude are still gushing into the ocean.

Former Arkansas Gov. Mike Huckabee (R), another possible White House candidate, is now sounding the same theme as Romney and Palin: that Obama is failing to show leadership at a critical time.

“The administration claimed to be ‘on top of this since day one,’ but the reality is that the president didn’t personally address the issue for many days, until the public outcry was too loud to ignore,” Huckabee said in a statement to The Hill.

Huckabee pointed to the president playing golf five times and hosting celebrity events at the White House, such as a tribute to Paul McCartney, since the rig exploded on April 20.

He also faulted Obama for not quickly convening local governors and private- sector companies to develop a broad response to the disaster.

Sen. John Thune (R-S.D.), whom some experts consider the most viable 2012 contender in Congress, also said executive inexperience may have affected the federal response to the oil spill.

“Whether it’s lack of experience or lack of focus, there were a lot of things that probably should have been done that weren’t done that indicated the administration was at a loss as to what to do,” said Thune. “You can tie that back to experience.”

Thune, who is focusing on his 2010 Senate reelection, said the most stunning revelation of the week was that Obama had not personally talked to Tony Hayward, chief executive of BP, since the start of the crisis.

The administration announced Thursday evening it had invited BP officials to the White House for a meeting next week.

Almost all the most likely GOP presidential contenders are current or former governors. They argue that leaders with executive experience, such as theirs, know how to assemble partnerships to solve problems.

But Ross K. Baker, a political scientist at Rutgers University, said that argument is self-serving. “It’s an argument often heard from governors during presidential elections,” he said. “It’s arguable. [Former President] George W. Bush was a governor and he bungled the response to Hurricane Katrina.”

Democratic lawmakers stepped in to defend the administration.

Sen. Sheldon Whitehouse (D-R.I.) argued that the spill happened because of the culture of lax federal oversight that developed during the Bush administration.

“It takes a measure of nerve to say that when the Minerals Management Service was put under operational control of the oil industry by Republicans,” Whitehouse said in response to Romney and Palin. “It’s a little like the arsonist party blaming the firefighter for not doing a good enough job.”

Democratic lawmakers such as Sen. Mary Landrieu (La.) say Obama’s administration was on top of the problem from the first day and sent enough federal resources to the area. But Landrieu acknowledges that Obama fumbled the early PR effort by failing to take a more visible role.

Minnesota Gov. Tim Pawlenty (R) has criticized Obama for not sending more ships to skim oil from the ocean surface. He said the president should have made it clear from the first day that his administration, and not BP, was in charge.

Sen. John McCain (R-Ariz.), the 2008 GOP nominee, said the president had demonstrated a lack of experience and “also a lack of competence,” and added, “No one can understand why he wouldn’t speak to the head of BP

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-14   9:09:03 ET  Reply   Trace   Private Reply  


#31. To: no gnu taxes (#28)

Please point out where in the article that you linked to that it states what you state it states.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-14   9:11:03 ET  Reply   Trace   Private Reply  


#32. To: no gnu taxes (#28)

I merely posted the thoughts of a commenter with the actual Rule he was referring to. I didn't make anything up, like some posters we know.

So you're not creative, just dishonest.

lucysmom  posted on  2010-06-14   9:36:05 ET  Reply   Trace   Private Reply  


#33. To: no gnu taxes (#28)

I didn't make anything up, like some posters we know.

That'll leave a mark...

Just 10 days prior to the explosion, the Obama administration’s regulators gave the oil rig a pass, and last year the Obama administration granted BP a National Environmental Policy Act (NEPA) exemption for its drilling operation.

Badeye  posted on  2010-06-14   9:42:11 ET  Reply   Trace   Private Reply  


#34. To: Badeye (#27)

Kind amusing the liberals assert Big Government is 'the answer' to everything....except when it isn't....(laughing)

So, then, you are a privatize profit, socialize risk conservative.

lucysmom  posted on  2010-06-14   9:43:56 ET  Reply   Trace   Private Reply  


#35. To: lucysmom (#34)

So, then, you are a privatize profit, socialize risk conservative.

Nope. But its amusing you try to portray me as such.

Just 10 days prior to the explosion, the Obama administration’s regulators gave the oil rig a pass, and last year the Obama administration granted BP a National Environmental Policy Act (NEPA) exemption for its drilling operation.

Badeye  posted on  2010-06-14   9:47:03 ET  Reply   Trace   Private Reply  


#36. To: lucysmom (#34)

So, then, you are a privatize profit, socialize risk conservative.

Of course.

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-14   10:08:43 ET  Reply   Trace   Private Reply  


#37. To: WhiteSands (#13)

Did you read the BLM Water laws?

He didn't and will not.

As illustrated by the mod here , war just makes stuff up.

i.e. war is a liar

Stone is the mod? lolol Pot meet kettle. Whitey yearns for her Clown Posse days

Making the world safe for United Fruit.

mininggold  posted on  2010-06-14   10:27:24 ET  Reply   Trace   Private Reply  


#38. To: mininggold (#37)

Stone is the mod? lolol Pot meet kettle. Whitey yearns for her Clown Posse days

Why do you always badmouth?

(laughing)

Just 10 days prior to the explosion, the Obama administration’s regulators gave the oil rig a pass, and last year the Obama administration granted BP a National Environmental Policy Act (NEPA) exemption for its drilling operation.

Badeye  posted on  2010-06-14   10:37:10 ET  Reply   Trace   Private Reply  


#39. To: Badeye (#38)

hy do you always badmouth?

(laughing)

Why would you call that badmouthing when you know she brings up Clown Posse all the time. Are you a liar Mr.Sounding Board?

(Laughing hard at you spinning duallies)

Making the world safe for United Fruit.

mininggold  posted on  2010-06-14   11:02:53 ET  Reply   Trace   Private Reply  


#40. To: mininggold (#39)

Why do you always badmouth?

(laughing)

Just 10 days prior to the explosion, the Obama administration’s regulators gave the oil rig a pass, and last year the Obama administration granted BP a National Environmental Policy Act (NEPA) exemption for its drilling operation.

Badeye  posted on  2010-06-14   11:15:35 ET  Reply   Trace   Private Reply  


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