“Arbitrary & caprcious” has specific legal significance. It was the judge’s way of saying the admin’s position was so legally unsupportable as to be pretty much just a means of harassing the other side. IOW, BO had no legitmate argument.
It’s a signal for the next court. The arbitary/capricious language slams all doors shut for the next court up the food chain.
In essence, the judge said BO’s admin had no legal basis for anything they did. His side of the case was so weak, there was no good faith argument that could be made.
An appeal court could certainly view a case differntly than a trial court but when the trial judge uses the arbitary & capricious standard, the appeal should be one tough row to hoe.
You’re right. Based upon the statute and regulations, Salazar has no leg to stand on to issue a blanket moratorium. He would have to specifically prove the way in which each rig poses an imminent threat. He doesn’t have the facts to do so.