2013

BP Exploration & Production Company v. McCarthy

Key Issue

Whether the EPA’s disbarment of BP and its all worldwide affiliates without doing an individualized review is justified under applicable laws/regulations or necessary to protect the government?

OFII Brief, Submitted December 3, 2013

Background

The EPA disbarred BP and all of its worldwide affiliates from either entering into a new contract with any government agency or working with any company involved in a federal program after the company pled guilty to the 2010 Deepwater Horizon oil spill. BP sued the EPA in Texas Federal Court in August to challenge its exclusion from new federal procurement contracts, claiming the EPA violated the Administrative Procedure Act by applying excessive and arbitrary suspensions to the company and its subsidiaries, the majority of which were not involved in the Deepwater Horizon incident.

Status

Awaiting Texas Southern District Court’s decision