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Ex-BP exec can be tried on obstruction charge

FILE - This aerial April 21,2010 file photo, taken in the Gulf of Mexico, more than 50 miles southeast of Venice on Louisiana's tip, shows an oil slick is seen as the Deepwater Horizon oil rig burns.
FILE - This aerial April 21,2010 file photo, taken in the Gulf of Mexico, more than 50 miles southeast of Venice on Louisiana's tip, shows an oil slick is seen as the Deepwater Horizon oil rig burns. AP Photo/Gerald Herbert, File

NEW ORLEANS – A federal appeals court in New Orleans says a former BP executive can be tried on a charge that he obstructed a Congressional investigation into the 2010 Gulf oil spill.

The 5th Circuit Court of Appeals decision posted Monday reversed a ruling by U.S. District Judge Kurt Engelhardt.

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READ MORE: How much oil spilled in BP’s 2010 Gulf disaster?

The case involves allegations that David Rainey failed to disclose information from BP PLC indicating that the amount of oil gushing into the Gulf after the 2010 Deepwater Horizon explosion could have been far higher than estimates that were being made publicly.

Engelhardt had ruled in favour of defence lawyers who said the law that Rainey was charged with breaking refers specifically to congressional committees, but not subcommittees.

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A three-judge 5th Circuit panel disagreed, saying the law includes congressional subcommittees.

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