5th Circ., In Narrow Vote, Denies Review Of BP Spill Liability

By Kurt Orzeck (January 9, 2015, 8:37 PM EST) -- The Fifth Circuit on Friday, in a narrow vote of 7 to 6, refused to reconsider en banc a three-judge panel's affirmation of a lower court ruling that BP PLC and Anadarko Petroleum Corp. can be held liable for Clean Water Act violations tied to the Deepwater Horizon disaster.

The Fifth Circuit denied the request by BP after the three-judge panel in early November refused to reconsider its previous affirmation of the lower court decision, saying the appeals court didn't make any factual or legal errors.

The appellate panel in November restated its position that a lower court correctly ruled that...

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