To: Bill who wrote (32359 ) 6/25/2010 8:46:31 PM From: DuckTapeSunroof Read Replies (4) | Respond to of 103300 Sold stock the very same day.... :) 3rd UPDATE: Judge In Moratorium Case Sold Exxon Stock This Week (Updates with a statement from Judge Feldman) By Tennille Tracy, Siobhan Hughes and Brent Kendall Of DOW JONES NEWSWIRES JUNE 25, 2010, 6:22 P.M. ETonline.wsj.com WASHINGTON (Dow Jones)--The U.S. federal judge who struck down the Obama administration's six-month moratorium on deepwater drilling sold stock in Exxon Mobil Corp. (XOM) on the same day he issued his ruling, according to documents released Friday. Exxon Mobil was among the companies affected by the administration's moratorium. It used a rig whose operations were suspended under the ban, according to Exxon spokeswoman Cynthia Bergman White. The judge in the moratorium case, U.S. District Court Judge Martin Feldman, says he only learned of his holdings in Exxon Mobil on Monday, the day before he issued his ruling. "Because he remembered that Exxon, who was not a party litigant in the moratorium case, nevertheless had one of the 33 rigs in the Gulf, the judge instructed his broker to sell Exxon and XTO [Energy Inc.] as soon as the market opened the next morning," according to a statement released by the judge's chambers. The judge said in a Wednesday letter that he sold his shares in Exxon Mobil before the stock market opened Tuesday, "prior to the opening of a court hearing on the spill moratorium case." The letter was released by the Administrative Office of the U.S. Courts on Friday. According to federal law, federal judges are required to step aside from cases that present financial conflicts or cases in which the judge's impartiality might be questioned. But the sheer size of Exxon makes this case less clear, one expert said. Doug Kendall, president of the government watchdog group Constitutional Accountability Center, questioned whether Feldman's stake in Exxon Mobil would technically disqualify the judge, given the size of the company and the likelihood that its stock wouldn't be affected by the ruling. Kendall did say, however, that "it would be better to have a judge who doesn't have any interest in any company that is operating in the Gulf." Spokesmen for the White House, U.S. Department of Interior and U.S. Department of Justice declined to comment on the issue. The judge bought less than $15,000 of Exxon stock in December 2009, according to the documents. As of the end of 2009, Judge Feldman does not appear to have owned stock in any other company using rigs affected by the moratorium, according to a review of his holdings and a list of such companies provided by staff of Sen. Robert Menendez, a Democrat from New Jersey who sits on the Senate's energy and natural resources committee. As of the end of last year, Judge Feldman did own stock in other energy companies. Among them are Allis-Chalmers Energy Inc. (ALY), an oilfield-services company based in Houston. Allis-Chalmers said in a quarterly filing that its rental-services unit has been "very dependent on drilling activity in the Gulf of Mexico." The company also said it is monitoring the Gulf of Mexico spill "as we do generate a significant amount of revenues from our rental service segment from activities in the U.S. Gulf of Mexico." In 2008, Judge Feldman owned a stake in Transocean Ltd. (RIG), the company that owned the Deepwater Horizon rig, but the documents suggest he sold those holdings in 2009. Federal law requires federal judges to fill out annual disclosure forms that are distributed to the public by the Administrative Office of the U.S. Courts following a written request. The administration's six-month moratorium, issued in late May, idled operations at 33 rigs, according to the International Association of Drilling Contractors. Exxon Mobil was using one of those 33 rigs and also had to suspend plans to drill a production well, said Exxon's spokeswoman. The lawsuit to block the administration's moratorium was filed June 7 by Hornbeck Offshore Services LLC, an offshore oil-services provider based in Covington, La. On Tuesday, Judge Feldman struck down the moratorium, calling it "heavy-handed" and "overbearing." On Thursday, he denied a request from the administration to continue its ban while it appeals the judge's first decision. Interior Secretary Ken Salazar has said the administration will issue a modified moratorium. Judge Feldman's letter said the drilling moratorium hearing took place on Monday, June 21. The hearing occurred on Tuesday, June 22. A secretary for Judge Feldman said he was not available to explain the discrepancy. The secretary could not comment on a reference to the judge's holdings in XTO Energy, which are not revealed in the financial documents. -By Tennille Tracy, Dow Jones Newswires; Tennille.Tracy@dowjones.com