Deepwater Subpoena Ruling Turns Up Heat On Offshore Cos.

Law360, New York (March 13, 2015, 7:52 PM EDT) -- The Fifth Circuit on Thursday refused to revisit its ruling that the U.S. Chemical Safety and Hazard Investigation Board can investigate the Deepwater Horizon disaster and subpoena Transocean Ltd. for documents related to the oil spill, a decision that saddles offshore operators with additional scrutiny from regulators and new responsibilities under the Clean Air Act, attorneys say.

A panel of Fifth Circuit judges denied Transocean’s bid for a rehearing en banc by a 9-6 vote, leaving intact a split 2-1 ruling in September that affirmed a lower court’s decision to enforce administrative subpoenas issued by the CSB.  Senior Circuit Judge Thomas Morrow...

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