Thread: Finally some good news

Court blocks use of BP restoration funds for Gulf State Park conference center | AL.com

About time someone wised up to this situation. Now if they could only stop construction on that stupid mansion!

More good news...

Just in time for the Mobile Boat Show! Stop by the Alabama Marine Resources booth (downstairs) and pick up your copy of the 2016 Marine Information Calendar. Deliveries to our normal distribution sites in Mobile and Baldwin counties will begin Monday, Feb. 22, if you are unable to pick one up at the Mobile Boat Show.

While we are on the BP funds topic - any new news on the SWIFT Project? Anybody heard when they are going to start putting out the next phase?

If you are truly interested in the ruling, find a copy and read it carefully.
Some of the media reports are not accurately portraying what the judge really said.
He did not appear to rule on a point of law ( as in he didn't say the use of the money was inconsistent with law).
He appears to have ruled on a procedural error, a technicality (Trustees failed to conduct a thorough Alternatives Analysis).

I would like to read what he stated in the entire ruling, but can't seem to find it online.

But there's a 'slant', it appears that is exactly what the judge said...
In his ruling, the judge said

...federal and state trustees acted arbitrarily and capriciously with the money and violated the National Environmental Policy Act and the Oil Protection Act.

Read more: Federal court blocks using oil spill settlement dollars for lodg - FOX10 News | WALA

I was enthralled at the choice of Judge Butler's words:

ar·bi·trar·y
ˈärbəˌtrerē/
adjective

• based on random choice or personal whim, rather than any reason or system.
  "his mealtimes were entirely arbitrary"
  

  synonyms:

  capricious, whimsical, random, chance, unpredictable;

  
  
  • (of power or a ruling body) unrestrained and autocratic in the use of authority.
    "arbitrary rule by King and bishops has been made impossible"
    

    synonyms:

    autocratic, dictatorial, autarchic, undemocratic, despotic, tyrannical,authoritarian, high-handed;

ca·pri·cious
kəˈpriSHəs,kəˈprēSHəs/
adjective

• given to sudden and unaccountable changes of mood or behavior.
  "a capricious and often brutal administration"
  

  synonyms:

  fickle, inconstant, changeable, variable, mercurial, volatile, unpredictable,temperamental;

• 
  

And the state saw it coming (report filed Jan 27, 2016)...
Judge Grills Alabama Lawyers on Lack of Alternatives to Spending BP Environmental Restoration Money for Gulf Shores HotelNew American Journal | New American Journal

In questioning the lawyers who tried to argue that the Gulf State Park development was the only reasonable alternative, U.S. District Judge Charles Butler seemed skeptical.The sole basis for the state’s contention that the hotel and convention center are desperately needed to bring back 120,000 visitor days a year it lost during the disaster in 2010 was a 15-year-old study based on sketchy data.

“That (study) was done 15 years ago today,” Judge Butler said with scorn in his voice. “Are you really telling me this is a legitimate, reasonable basis to say that problem still exists? We all know that in the past few years, Gulf Shores has again had another explosion (of visitors). You’d have to have an additional analysis to support a contention to say there is a need to replace visitors.”

Robert Wiygul, the attorney representing the Gulf Restoration Network, argued that the court record contained nothing to support the state’s position, and is asking for a summary judgement to dismiss the plan and send the state back to the drawing board.
“The law is clear that you have to look at reasonable alternatives,” Wiygul said. “That’s not what happened in this case.”
Laws in play in the case include the National Environmental Policy Act of 1970, the Oil Pollution Act of 1990 that was passed in the wake of the Exxon Valdez oil spill in Alaska, and the Oil Spill Recovery Act of 2010 passed after the BP disaster in the Gulf. The laws require the company and the states “to fix what’s broken,” Wiygul said.
A beach hotel will not do that, he said, and since the state did not even consider any alternatives other than the convention center idea, the plan should be thrown out by the courts.
The judge seemed to agree. But at the end of the morning session of oral arguments, he cautioned observers not to draw firm conclusions about how he might rule based on his skeptical questioning style.
“Obviously I’ve got some thoughts,” Judge Butler said.

It appears the judge just agreed with the Plantiff's argument ;-)

Not sure what kind of Kool-aid is in the water bottles at ADCNR, but it must be on tap in Montgomery. LOL