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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: 458
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 # 7.

#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  


#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.

mininggold  posted on  2010-06-13   14:02:05 ET  Reply   Untrace   Trace   Private Reply  


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