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In re Horizon

United States Court of Appeals, Fifth Circuit

January 9, 2015

IN RE: DEEPWATER HORIZON; UNITED STATES OF AMERICA, Plaintiff - Appellee
v.
B.P. EXPLORATION & PRODUCTION, INCORPORATED; ANADARKO PETROLEUM CORPORATION, Defendants - Appellants

Appeal from the United States District Court for the Eastern District of Louisiana. (Opinion June 4, 2014, 753 F.3d 570 ).

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Ellen J. Durkee, Attorney, John David Gunter, II, Esq., Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC; Michelle Terry Delemarre, David Joseph Pfeffer, U.S. Department of Justice, Washington, DC; Judy B. Harvey, U.S. Department of Justice, Environment & Natural Resources Div, Washington, DC; Steven O'Rourke, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC; Sharon Denise Smith, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA; R. Michael Underhill, U.S. Attorney's Office, Northern District of California, San Francisco, CA.

For ANADARKO PETROLEUM CORPORATION, Defendant - Appellant: David Bruce Salmons, Esq., Attorney, Bingham McCutchen, L.L.P., Washington, DC; James Joseph Dragna, Bingham McCutchen, L.L.P., Los Angeles, CA; Bryan Michael Killian, Morgan, Lewis & Bockius, L.L.P., Washington, DC; Ky. E. Kirby, Bingham McCutchen, L.L.P., Washington, DC; Deborah DeRoche Kuchler, Kuchler, Polk, Schell, Weiner & Richeson, L.L.C., New Orleans, LA.

For BP EXPLORATION & PRODUCTION, INCORPORATED, Defendant - Appellant: Richard Cartier Godfrey, Esq., James Andrew Langan, Esq., Kirkland & Ellis, L.L.P., Chicago, IL; Aditya Bamzai, McLean, VA; Jeffrey Bossert Clark, Sr., Esq., Robert R. Gasaway, Aaron Llyod Nielson, Stephen Sidney Schwartz, Kirkland & Ellis, L.L.P., Washington, DC; Don Keller Haycraft, Liskow & Lewis, P.L.C., New Orleans, LA; Brian D. Israel, Arnold & Porter, L.L.P., Washington, DC.

For INTERNATIONAL ASSOCIATION OF DRILLING CONTRACTORS, Amicus Curiae: Kenneth G. Engerrand, I, Esq., Brown Sims, P.C., Houston, TX; David Andrew Kirby, Strong Pipkin Bissell & Ledyard, L.L.P., Houston, TX.

For PLAINTIFFS' STEERING COMMITTEE, Amicus Curiae: Stephen Jay Herman, Esq., Herman Herman & Katz, L.L.C., New Orleans, LA; James Parkerson Roy, Domengeaux, Wright, Roy & Edwards, Lafayette, LA.

For TRANSOCEAN OFFSHORE DEEPWATER DRILLING, INCORPORATED, TRANSOCEAN DEEPWATER, INCORPORATED, TRANSOCEAN HOLDINGS, L.L.C., TRITON ASSET LEASING GMBH Amicii Curiae: Brad D. Brian, Esq., Munger, Tolles & Olson, L.L.P., Los Angeles, CA.

Before KING, BENAVIDES, and DENNIS, Circuit Judges. EDITH BROWN CLEMENT, Circuit Judge, with whom JOLLY, JONES, OWEN, ELROD, and SOUTHWICK, Circuit Judges, join, dissenting from Denial of Rehearing En Banc.

OPINION

Page 742

ON PETITION FOR REHEARING EN BANC

FORTUNATO P. BENAVIDES, Circuit Judge:

The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. Judge Clement, joined by Judges Jolly, Jones, Owen, Elrod, and Southwick, dissents from the court's denial of rehearing en banc, and her dissent is attached.

In the en banc poll, 6 judges voted in favor of rehearing (Judges Jolly, Jones, Clement, Owen, Elrod and Southwick) and 7 judges voted against rehearing (Chief Judge Stewart and Judges ...


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