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<Update 7/9: The 5th Circuit Appeals Court decided not to intervene on an emergency basis - and reinstate the administration's moratorium on offshore drilling - unless deepwater drilling is actually going to resume, reports Patti Goldman, vice-president of litigation for Earthjustice. The shoe is now on the oil industry's foot. If they choose to resume drilling, they risk another quick trip to the 5th Circuit.>

<Update 7/8: A 3-panel appeals court has refused to reinstate a moratorium on offshore drilling in the Gulf of California.>

The immediate future of deepwater oil drilling in the Gulf of Mexico is at stake today in a federal appeals court, where Earthjustice and the Obama administration are arguing to reinstate a moratorium put in place after the BP oil well rupture. Oil industry advocates convinced a federal district court to lift the moratorium last month.

With oil gushing into the Gulf at an estimated 2.4 million gallons a day, our argument for the moratorium should be obvious—we can't afford this kind of risky drilling until the BP oil spill is fully quelled and we know exactly why this devastating incident occurred. We already know that the approval process for the BP well and others in the Gulf was corrupted by a too-cozy relationship between the oil industry and regulatory agencies, especially the Minerals Management Service.

Until the government can clean up its regulatory act, and the industry shows that it can clean up—and prevent—major oil spills, we will continue to argue against resumption of deep water drilling. And let's be clear—the moratorium only affects a small number of drilling operations in the Gulf. The vast majority continue to operate and are not affected by this court action.

If the appeals court refuses to lift the moratorium, the Interior Department said it will institute a revised, new moratorium in short order.

Late yesterday Earthjustice attorneys stepped in to defend a set of critical energy efficiency standards in the state of Washington.

These efficiency gains—which will save consumers millions of dollars, reduce harmful global warming pollution, and set a strong example for other states to follow—face an industry-group lawsuit aiming to dismantle them.

The baseless industry challenge to these energy efficiency standards would cost Washington residents money, and threatens to stand in the way of significant pollution cuts in Washington.

Ed Abbey, never one to mince words, once observed, "Growth for the sake of growth is the ideology of the cancer cell."

Gus Speth, a founder of the Natural Resources Defense Council and the World Resources Institute; one-time head of the United Nations Development Program; former dean of the Yale graduate environment program; and soon-to-be professor at Vermont Law is a little less strident but no less tough: "Economic growth may be the world’s secular religion, but for much of the world it is a god that is failing—underperforming for most of the world’s people and, for those in affluent societies, now creating more problems than it is solving."

The quote comes from a long piece in Solutions magazine that ought to be read and pondered by every policymaker, every politician, every economist, and every voter in the world. Will it be? Of course not. Secular religions are rarely challenged, but this one has to be, and soon.

One more quote. Dave Brower had his own spin, "economic growth is a sophisticated way of stealing from future generations."

In 1970, the Clean Air Act first took aim at toxic air emissions from industrial facilities across the United States. Forty years later, it finally hit a major target.

Actually, 28 major targets. The U.S. Environmental Protection Agency today agreed to review and update Clean Air Act rules that rein in emissions of nearly 200 hazardous air pollutants released by 28 kinds of industrial facilities.

<Update 7/6: High seas have disrupted testing of the "A Whale" oil skimmer, the Coast Guard reports.>

<Update 7/1: Speaking of whales, a number of whale sharks have been spotted in the oil spill area, which is particularly bad for them, as they are plankton eaters—meaning they sieve the oil-laden waters. The species is among six described as most threatened by the spill, according to AOL. Other species listed are sea turtles, bluefin tuna, sperm whales, dolphins and brown pelicans.>

A record described as "notorious" in a USA Today headline is being reached today in the Gulf of Mexico as BP's oil spill tops the estimated 140-million-gallon mark. The previous record Gulf spill was 139 million gallons in the 1979 spill off Mexico's coast—but it took a year of gushing to get there. BP's spill has been gushing from its blown-out well since April 20 at up to 2.4 million gallons a day.

Even as that unhappy record is being achieved, the federal government has brought on scene the latest attempt to clean up the oil. A monster skimmer ship—3 1/2 football fields long and 10 stories high and named the "A Whale"—chugged in today, especially equipped to skim as much as 21 million gallons of oiled water per day—if the EPA gives the go ahead. The ship has never been tested.

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About the Earthjustice Blog

unEARTHED is a forum for the voices and stories of the people behind Earthjustice's work. The views and opinions expressed in this blog do not necessarily represent the opinion or position of Earthjustice or its board, clients, or funders. Learn more about Earthjustice.