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Disastrous Oil Spill, Fatal Horse Roundup: Blame the Interior Department

1 year ago
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Two years after a rollicking sex and drugs scandal hit the Department of the Interior, and nearly three months after the Deepwater Horizon calamity hit the Gulf of Mexico, it's clear the venerable (but rarely venerated) agency still can't get its basics right. From a forced and deadly roundup of wild horses in the red dust of northeastern Nevada to the slimy, tar-balled seas of the Gulf of Mexico, the Interior Department keeps exhibiting dichotomies that are poisonous to good governance. It has stubbornly remained arrogant despite having no recently evident cause to be brash. And it continues to offer to the nation inadequate work even as its responsibilities grow in the wake of the gulf disaster, one of the worst oil spills in world history.

Let's start with a keystone. As any administrative law professor will tell you, one basic function of an administrative agency is to generate and disseminate accurate and credible and comprehensive evidence through a rigorous fact-finding process. Designed to be speedier than the judicial process and less cumbersome than federal legislation, federal administrative agencies are supposed to help us make sense of dense, technical, often-scientific information -- like why a drilling moratorium is necessary in the gulf -- in a way that then justifies the power and authority granted to the agency and reassures the rest of us, so much as possible, of a fair deal.

Yet when the Interior Department tried last month to justify in court its six-month moratorium on deep-water drilling in the gulf, the federal judge who heard the case was flabbergasted at the lack of quality, professionalism and integrity in the work of the Minerals Management Service team within the Interior Department. That's the same division, not coincidentally, from which the department's 2008 scandal emerged. Evidently these people aren't very good at what they do even when they aren't watching porn at work all day.

Among other harsh criticisms of the government's drill-ban evidence, U.S. District Judge Martin L.C. Feldman noted a disturbing lack of candor in it: "Indeed," he wrote, "while the government makes light of the fact that several of the experts disagree with the recommendations in the report by noting that they do not disagree with the findings, of greater concern is the misleading text in the executive summary that seems to assert that all the experts agree with the secretary's recommendation. The government's hair-splitting explanation abuses reason, common sense, and the text at issue." And that's when the judge was being nice.

Much was subsequently made of the fact that Judge Feldman had some oil-related investments when he issued his order denying reinstatement of the drilling ban. Evidently, the judge has now sold those stocks, but he could have increased his shares and it still wouldn't have mattered. In fact, Feldman could have channeled Tony Hayward or Philippe Cousteau, but the MMS "report" about the drilling ban still would deserve an F. No perceived conflict of interest on the part of any judge could rescue or excuse such a shoddy work product by an administrative agency. Any judge would have seen it the way Feldman did -- and the 5th U.S. Circuit Court of Appeals promptly affirmed the order, causing MMS officials to go back and try to make right what it should have gotten right in the first place.

The fish, fowl and economic kill in the gulf would be bad enough if Interior's credibility problems were merely limited to the MMS. But on Friday, far from the ocean, another Interior Department division, the Bureau of Land Management, hastily forced the roundup of 1,200 or so wild horses, including vulnerable newborn foals, in circumstances that cry out for further explanation and review. As reported locally, the BLM says the Nevada roundup was necessary because "the current wild horse population in these [public lands] is more than three times what the range can sustain. We need to gather and remove the excess wild horses to achieve a thriving natural ecological balance on the land and address the horse populations that have moved outside the [public] boundaries."

Others are not so sure. Horse advocate Laura Leigh notes that there is plenty of room -- 480,000 acres, give or take a few -- for the horses. She contends that the BLM is forcing the issue now (instead of waiting until the new foals are assured of being strong enough to be herded via helicopter) because two private developments are slated for the area. One is at the Arturo Mine project, where Interior is undertaking an environmental impact study on behalf of Barrick Gold Exploration, a company that wants to expand open-pit mining to thousands of acres of public and private land. The other industry-fueled development that some say prompted the deadly mustang roundup is the Ruby Pipeline project, which for a while became so controversial that the BLM was forced to explain itself to the media.

It may have to explain itself again. An animal rights group has appealed the timing of the BLM's roundup to the Interior Board of Land Appeals. The grievance in the case, oddly enough, isn't the sanctity of the animals or the rapacious development of pristine lands for private gain. It's the far more modest charge that the BLM has violated its own, longstanding and widely accepted rules about "foaling seasons"-- no roundups from mid-January to mid-August to save baby horses. Even if the BLM justification for giving the horses the bum's rush is twice as strong as was the MMS justification for the drilling ban in the gulf, it still won't be strong enough to justify the agency's departure from the rules protecting foals. Should the sins and omissions of the MMS be impugned to the BLM? Why not? They both answer to the beleaguered secretary of the interior, Ken Salazar, don't they?

Nevada is a long way from the sea. But forgive me for worrying that the same guys who promised me safety in the gulf are now promising me safety for our nation's wild horses -- or that an agency exposed as besotted with industry influence toward gulf drilling issues is suddenly going to develop a backbone to stand up to corporate interests in the desert. It's too late for the gulf. The damage from a lack of regulatory oversight at Interior is all but done there. I just hope it's not too late for northeastern Nevada, too.
Filed Under: Oil Spill

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plantescap

As a former employee of the BLM, I can assure you that their actions are not dictated by sound science but by powerful industries that stand to gain financially from these resources, the people's resources. In Nevada, it is of course, the ranchers that stand to gain by the decrease in the horse numbers. In 2010 they get our lands for $1.35 per animal unit month, $16.20 per year. A giveaway, plain and simple. These ranchers leases are "grandfathered in" and it is very difficult to change these grazing leases under current conditions and leadership. I find the decision to hold a round-up at this time of year as irresponsible and an act of cruelty to animals. Shame on BLM! (Otherwise known as the Bureau of Livestock and Mining.)
I'd like to see the decisions these land managers make based on good science and not who has the most powerful lobbyists. Fewer horses just equals more grass for the cows the way it is now.

July 13 2010 at 2:12 PM Report abuse +5 rate up rate down Reply
mouse

As it has happened in the past and will continue as long as greed exists, blame the ones who have finally gotten control instead of the ones who have spent 8 years getting us into this predicament. I think that we really need to stop blaming everyone and start FIXING everything HERE before we try to "fix" others.

July 13 2010 at 2:09 PM Report abuse -1 rate up rate down Reply
alyssalillyb

We didn't decide to expand across this continent because we thought we'd find money growing on trees, we did it because this USED to be a wild, beautiful and natural place. Untouched and unspoiled, as it should be. But we keep looking for those money-growing trees, in open mines like Mr. Cohen mentioned above, or 5000 feet beneath the sea. These greedy pigs couldn't care less about some wild horses that they see tromping all over their prospective business site, or about this pod or that pod of dolphins and whales, endangered turtles and the like. It's time to grow up. Elevate your conscience, elevate your level of thinking. These are things that are bigger than yourself. Your economic interests don't mean anything. It's time to grow up, and put things into perspective. There are more important things in life than putting a little extra lining in your wallet.

July 13 2010 at 1:49 PM Report abuse -3 rate up rate down Reply
donaldfletch

The government, unfortunately, has been the culprit of practically every problem in this country. Not to say that they were not some very good political leaders, but you must admit that some of our leaders could have used much better advisors than the ones they had on their staff. Take the Indian tribe population in this country, we came into their land & forcebly removed them off their reservation so that we could increase our own population. We called them savages, when actually they were honorable people with a respectable justice system, unlike ours which protects the criminal more so than the victim. We broke treaties & whatever else had to be done to accomplish our goals. Next take the Chinese, we brought them over to build our railroads, after which we had them cleaning our dirty clothes (i.e. laundries), next take the African slaves which we brought to America to be owned & enslaved like animals. When this will ever stop is unknown and is likely
"never" because the progress of mankind will always be greater than the genuine kindness of those who want to help the less unfortunate - why, because kindness, in this case, is considered a weakness. Actually, financial wealth and power is what most people, in general, strive to succeed. However, once most of them who do succeed begin to feel they have no other goals to achieve and either want to be more famous, more powerful, or more wealthy. Take a moment and look at where
a good many of these people (movie stars, athletes, politicians, CEO's, etc.) eventually wind up - not very good, eh? It makes me wonder just how many of these people are Christians. Anyway, it is what it is and I suppose we all have to live with it and hope that it will get better. We have a lot of problems to overcome, but I do believe the current administration, although not flawless, is honestly trying their best to correct all the problems. It is going to take them time to resolve because it took time to create all these problems. Good luck!

July 13 2010 at 11:24 AM Report abuse -4 rate up rate down Reply
johnnygnsvll

Save those majestic wild horses...they are just magnificient....I love to just watch them...they can run forever.

July 13 2010 at 10:45 AM Report abuse +10 rate up rate down Reply
iluveyw

Mr. Cohen:

Why would you think government regulation would cure problems? And that bigger and badder government regulation would cure problems better?

The problem is government "ownership" of land. (and other means of control, like airways and airwaves) The only way to cure the irresponsibility of poor management is private ownership and strict liability laws which punish and repay what damage you do to others.

Think of the good that all the leftist "environmental" organizations could have done, if instead of spending the billions they wasted on attempts to influence public policy, they had spent it on the purchase of wild lands, then taking the wild lands out of the public sector. Hey guys, its not too late! Turn your resources toward owning what you want to control, not influence in politics, which will disappear like the Global Warming Scare during Climategate.

Think of all the destruction of productivity that is caused by non-productive people in regulatory agencies, that frankly, do little benefit and much harm.

Production = life. Non-production, slowing production, regulating production = death. Put all those non-productive regulators to work. Take them off our backs and off the payrolls. Pass strict liability laws regarding damage caused by your actions. You will see a massive drop in the cost of living, and large drops in the resources needed to function on this planet.

Paul Richards

July 13 2010 at 10:01 AM Report abuse +6 rate up rate down Reply
tanirocker

AOL should not be presenting editorials as news articles. This is OPINION, and leaves out important points, such as the lack of regulations, thanks to the GOP

July 12 2010 at 9:50 PM Report abuse -15 rate up rate down Reply
davidrdogbow

No government agency does their job in a timely and efficient manner.

That's why it's ridiculous that people call for "more" regulation of all of these things. The current regulation is often more than enough - but the people supposed to be regulating are apparently unable to take the 5 minutes required to check over sundries and permits and get them out in a timely manner.

The delay in permitting and government action alone causes severe economic harm to thousands of companies and in essence the country.

But yes - lets just hire more people (currently there are almost always 2 agencies if not 3 or 4 regulating the same thing) and get even more redundant and have all of these people do a terrible job, so we can pay for 4 salaries and still not get what's needed - instead of managing 1 agency to do its job for once in its existence.

This is why we are bankrupt. Because the government keeps expanding and yet it fails miserably to do the most basic of jobs.

July 12 2010 at 4:35 PM Report abuse +20 rate up rate down Reply

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