BP Exploration & Production Inc. (BPXP) has told the U.S. Supreme Court that it is being unjustly held liable for Clean Water Act violations stemming from the Deepwater Horizon disaster. BP claims that the Fifth Circuit inappropriately resolved what it claims is an “ambiguous provision” in favor of the government. In a petition for writ of certiorari, filed last month, BP said the government, a district court, and a Fifth Circuit panel found it liable by invoking “four different, shifting interpretations” of the CWA’s phrase “from which oil or a hazardous substance is discharged.” The Fifth Circuit voted 7-6 to deny an en banc rehearing. Judge Barbier, who made the initial finding, is currently considering how much the company will have to pay for the violations, an amount that could reach $13.7 billion.
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