Anadarko Asks High Court To Mull Deepwater Horizon Liability

Law360, New York (March 26, 2015, 7:18 PM EDT) -- Anadarko Petroleum Corp. has urged the U.S. Supreme Court to review the Fifth Circuit’s definition of “discharge” in finding it potentially liable for more than $4 billion in penalties for Clean Water Act violations tied to the Deepwater Horizon disaster.

Although other courts have interpreted “discharge” to mean a “flow or issuing out” of containment, the oil and gas company said in its March 24 petition that the Fifth Circuit found it to be a “‘loss’ or ‘absence’ of controlled confinement” — a decision holding Anadarko liable as co-owner of the Macondo well that burst under the Deepwater rig in April...

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