BP Investor Liability, A Slap on the Wrist?

Feb. 19, 1:00 pm, Weinmann Hall, Room 151

The penalty phase of the BP litigation has involved penalties and settlements of unprecedented proportions under the CWA. Anadarko, a 25% non-operation owner of the Macondo well, is facing $1Billion in penalties. While much of the legal debate has centered on narrow, interpretive issues under the CWA, Anadarko also argues that penalizing them will negatively impact passive investment in future energy ventures across the United States. Following these arguments, Judge Barbier, District Judge for the Eastern District of LA, recently announced that Anadarko would only have to pay near $160Million. Attorneys from both sides will discuss the merits of the CWA issues and Anadarko’s dire predictions.

CLE Materials: Engerrand CLE

Randall Levine, Partner, Morgan, Lewis & Bockius


Randall LevineRandall (“Randy”) Levine is a partner in the Appellate Practice Area of  of Morgan Lewis & Bockius LLP, in Washington, DC. Randy counsels in state and federal appeals, complex multidistrict and class action litigation, constitutional and civil rights cases, and environmental litigation.  Randy has worked on several high-profile environmental cases, including the Deepwater Horizon Oil Spill multi-district litigation ongoing in the federal district court for the Eastern District of Louisiana and associated appeals to the United States Court of Appeals for the Fifth Circuit.  Randy served as second chair trial counsel for Anadarko Petroleum Corporation in the Deepwater Horizon Clean Water Act Penalty Phase trial in January-February 2015.


Kenneth Engerrand, President: Brown Sims, P.C

Kenneth EngerrandMr. Engerrand practices law as President of Brown Sims, P.C. in its Houston, Texas office. For nearly 40 years he has lectured on legal subjects in courses and seminars presented by The University of Texas, Tulane University, The University of Houston, Louisiana State University, Loyola University, South Texas College of Law, and The University of St. Thomas, as well as to meetings and seminars presented for The United States Department of Labor, The State Bar of Texas, The State Bar of Louisiana, The International Association of Drilling Contractors, The Workers’ Compensation Educational Conference, The National Association of Marine Surveyors, The International Transportation Management Association, the Houston Claims Association, and a host of other groups. Mr. Engerrand earned his B.A., magna cum laude, from Florida State University and his J.D., with honors, from the University of Texas School of Law, and he is a member of many professional organizations, including the Maritime Law Association, American and Houston Bar Associations, Defense Research Institute, Texas Association of Defense Counsel, Order of the Coif, Phi Beta Kappa, Phi Kappa Phi, Phi Delta Phi, Mariners Club, Propeller Club, State Bar of Texas and the Texas Bar Foundation. Mr. Engerrand supports a number of civic, industry, and charitable groups and serves as a trustee of the Judge John R. Brown Scholarship Foundation. He has written extensively, and his publications include: Admiralty Jury Trials Reconsidered, 12 Loy. Mar. L.J. 73 (2013); The Relationship Among General Maritime Law, OPA, and OCSLA, 25 U. San. Fran. Mar. L.J. 253 (2013); Vessel Status Reconsidered, 11 Loy. Mar. L.J. 213 (2013); Forum Selection and Arbitration Clauses in Seamen’s Injury Claims, 11 Loy. Mar. L.J. 109 (2012); Indemnity for Gross Negligence in Maritime Oilfield Contracts, 10 Loy. Mar. L.J. 319 (2012); A Tedious Balance: Third-Party Claims under the Longshore and Harbor Workers’ Compensation Act, 10 Loy. Mar. L.J. 1 (2011); Jones Act Issues after Norfolk Southern Railway v. Sorrell, 6 Loy. Mar. L. J. 1 (2008); Primer on Maintenance and Cure, 18 U. San. Fran. Mar. L.J. 41 ( 2005-06); Primer of Remedies on the Outer Continental Shelf, 4 Loy. Mar. L. J.  19 (2005); Medicare Set-Asides and Protecting the Parties’ Interests in Longshore Claims, 3 Loy. Mar. L.J. 11 (2004); The Fleet Rule for Seaman Status: The Peril of Perils, 2 Loy. Mar. L.J. 92 (2003); DOHSA’s Reach: What Are The High Seas Beyond A Marine League From Shore? 1 Loy. Mar. L.J. 1 (2002); Changes in Pursuing and Defending Attorney’s Fees Claims in The Fifth and Ninth Circuits, 14 U. San Fran. Mar. L.J. 155 (2001-02); Recent Developments in Admiralty Law in the United States Supreme Court, The Fifth Circuit, and the Eleventh Circuit, 24 Tulane Mar. L. J. 741 (2000); Recent Developments in Admiralty Law in the United States Supreme Court, The Fifth Circuit, and the Eleventh Circuit, 20 Hous. J. Int’l L. 265 (1998); Removal and Remand of Admiralty Suits, 21 Tulane Mar. L. J. 383 (1997); Recent Developments in Admiralty Law in the United States Supreme Court, The Fifth Circuit, and the Eleventh Circuit, 18 Hou. J. Int’l L. 709 (1996); Seaman Status Reconstructed, 32 S. Tex. L. Rev. 169 (l991); Admiralty Law, 23 Tort & Ins. L.J. 251 (l988); Seaman Status Reconsidered, 24 S. Tex. L.J. 431 (l983); The Continuing Conflict Between Congress & The Supreme Court Over The Standard of Care in Longshore Third Party Actions, 22 S. Tex. L.J. 423 (1981); Troubled Waters for Seaman’s Wrongful Death Actions, 12 J. Mar. Law & Com. 327 (1980), reprinted in 21 S. Tex. L.J. 191 (1980). He is author of the chapter “Concurrent Jurisdiction” in The LongshoreTextbook, Sixth Edition. His articles have been cited and quoted by the United States Supreme Court as well as appellate and district courts from California to Massachusetts.


Adam Babich (moderator), Professor of Law and Director, Environmental Law Clinic at Tulane

Adam BabichAdam Babich teaches environmental law and administrative law, and directs the Tulane Environmental Law Clinic. Before joining Tulane in 2000, he was a litigator in Denver and Chicago, enforced environmental laws as a Colorado Assistant Attorney General, served as an adjunct attorney for the Environmental Defense Fund and worked as a judicial law clerk for the Colorado Supreme Court. He also spent four years as editor-in-chief of the Environmental Law Reporter. He also has taught at Georgetown University Law Center, American University and the University of Denver.