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Center for Biological Diversity v. BP America

Citation: 43 ELR 20007
No. 12-30136, (5th Cir., 01/09/2013)

The Fifth Circuit affirmed in part and reversed in part a lower court decision dismissing an environmental group's CWA, CERCLA, and EPCRA claims against BP and Transocean Ltd. following the Deepwater Horizon disaster. BP leased the mobile offshore drilling unit known as Deepwater Horizon from Transocean, Ltd. and its subsidiary companies in order to drill the Macondo well. The lower court dismissed the suit for lack of standing, mootness, and failure to state a claim for relief. Although most of the claims for relief have become moot because the Macondo well has been capped and sealed, the group's claim that the defendants failed to comply with the federal reporting requirements for toxic chemical releases under EPCRA remains viable at this stage of the litigation.