United States v. BP Exploration & Prod., Inc. (In re Oil Spill by the Oil Rig “Deepwater Horizon”)

Decision Date04 September 2014
Docket Number10–4536.,Nos. 10–2771,MDL No. 2179.,s. 10–2771
Citation21 F.Supp.3d 657
PartiesIn re OIL SPILL BY THE OIL RIG “DEEPWATER HORIZON” IN the GULF OF MEXICO, ON APRIL 20, 2010, This Document Applies to: In re The Complaint and Petition of Triton Asset Leasing GmbH, et al. and United States of America v. BP Exploration & Production, Inc., et al.
CourtU.S. District Court — Eastern District of Louisiana

21 F.Supp.3d 657

In re OIL SPILL BY THE OIL RIG “DEEPWATER HORIZON” IN the GULF OF MEXICO, ON APRIL 20, 2010
This Document Applies to:
In re The Complaint and Petition of Triton Asset Leasing GmbH, et al.
and
United States of America
v.
BP Exploration & Production, Inc., et al.

MDL No. 2179.
Nos. 10–2771
10–4536.

United States District Court, E.D. Louisiana.

Signed Sept. 4, 2014.


21 F.Supp.3d 663

FINDINGS OF FACT AND CONCLUSIONS OF LAW PHASE ONE TRIAL

CARL BARBIER, District Judge.

Pursuant to Federal Rule of Civil Procedure 52(a), the Court enters these Findings of Fact and Conclusions of Law relative to the Phase One trial. If any finding is in truth a conclusion of law, or if any conclusion stated is in truth a finding of fact, it shall be deemed so.

The Court has also issued simultaneously with these Findings of Fact and Conclusions of Law a separate order ruling on various motions pertaining to the Phase One trial.

CONTENTS
I. Introduction and Procedural History 666
II. Parties to the Phase One Trial 668
A. Defendants 668
i. The BP Entities 668
ii. The Transocean Entities 669
iii. Halliburton 669
iv. Cameron and M–I 669
B. Plaintiffs 669
C. Non–Parties to Phase One Trial 669
III. Substantive Findings of Fact 670
A. The DEEPWATER HORIZON 670
B. MC252 and the Macondo Well 671
C. Drilling the Macondo Well 672
i. Some Offshore Drilling Concepts 672
ii. Drilling Operations at Macondo 673
iii. Post–Drilling Operations: Production Casing and Temporary Abandonment 675
D. Production Casing 676
i. Long String Casing vs. Liner With Tieback 676
ii. Running the Production Casing 677
E. Overview of Cement Issues 678
F. Cement Placement 679
i. The Weatherford M45AP Float Collar 679
ii. The Attempted Conversion of the Float Collar 680
iii. The Float Collar Did Not Convert 684
iv. The Shoe Track Breached During the Attempted Float Collar Conversion 685
v. Cement Was Pumped Through the Breach in the Shoe Track and Placed Improperly; Hydrocarbons Later Entered the Well Casing Through the Breach in the Shoe Track 687
vi. The Court Is Not Persuaded by BP's Theories Regarding Float Collar Conversion, Cement Placement, and Flow Path 689
vii. Cement Bond Log 691
viii. M57B Sand 693
G. Cement Composition 694
i. Cementing Responsibilities 694
ii. The Cement Design for the Macondo Well 694
iii. Parties' Arguments Regarding Cement Composition 695
iv. The Cement Was Unstable, but Instability Did Not Cause the Blowout 697
H. Pressure Integrity Testing 699
i. The Positive Pressure Test 699
...

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7 cases
  • And United States v. BP Exploration & Prod., Inc. (In re Complaint)
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • September 4, 2014
    ...21 F.Supp.3d 657In re OIL SPILL BY THE OIL RIG “DEEPWATER HORIZON” IN the GULF OF MEXICO, ON APRIL 20, 2010,This Document Applies to:In re The Complaint and Petition of Triton Asset Leasing GmbH, et al.andUnited States of Americav.BP Exploration & Production, Inc., et al.MDL No. 2179.Nos. 1......
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5 books & journal articles
  • ENVIRONMENTAL CRIMES
    • United States
    • American Criminal Law Review No. 58-3, July 2021
    • July 1, 2021
    ...dangers were posed by the condition of the oil well.303 Spill by the Oil Rig “Deepwater Horizon” in Gulf of Mexico on April 20, 2010, 21 F. Supp. 3d 657, 746 (E.D. La. 2014) (f‌inding lessees of the area where offshore facility was located were liable as “persons in charge” under the CWA be......
  • The Revival of Respondeat Superior and Evolution of Gatekeeper Liability
    • United States
    • Georgetown Law Journal No. 109-1, October 2020
    • October 1, 2020
    ...owned by independent contractors.”). 208. See Brooks, supra note 6, at 110. 209. In re Oil Spill by Oil Rig “Deepwater Horizon,” 21 F. Supp. 3d 657, 747 (E.D. La. 2014) (f‌inding that BP was reckless and allocating 67% of the liability to it for the blowout); NAT’L COMM’N ON THE BP DEEPWATE......
  • PUNITIVE DAMAGES IN MARITIME BEFORE AND IN THE WAKE OF BATTERTON: THE FUTURE.
    • United States
    • Loyola Maritime Law Journal Vol. 22 No. 1, January 2023
    • January 1, 2023
    ...Computalog U.S.A. v. Blake Drilling & Workover Co., 1996 U.S. Dist. LEXIS 19074, *7 (E.D. La. 1996)). (53) In re Oil Spill, 21 F.Supp. 3d 657 (E.D. La. (54) 33 U.S.C. [section] 2704. (55) Id. [section] 2704 (c)(1)(A). (56) Id. [section] 1321 (7)(D). (57) 21 F.Supp. 3d at 734. (58) See C......
  • Deepwater Horizon
    • United States
    • Looking back to move forward: resolving health & environmental crises Section II
    • October 11, 2020
    ...4. See, e.g. , In re Oil Spill by the Oil Rig “ Deepwater Horizon ” in the Gulf of Mexico, on Apr. 20, 2010, 21 F. Supp. 3d 657, 747 (E.D. La. 2014) (inding BP 67% liable for the spill under general maritime law). 5. In addition to the $20 billion civil settlement with BP, DOJ entered into ......
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