United States Fifth Circuit

In an action plaintiff brought on behalf of the U.S. under the False Claims Act alleging that while he was employed on defendants' offshore drilling unit, he was ordered to illegally dump oil and other hazardous substances into the Gulf of Mexico at night, dismissal of the action is affirmed where: 1) the environmental requirements that plaintiff referenced were not prerequisites to continuation of the lease at issue, and thus plaintiff failed to state a claim under 31 U.S.C. section 3729(a)(2); and 2) an allegation that defendants submitted a false certification to avoid potential environmental liability was legally insufficient to make a reverse false claim under section 3729(a)(7).

Appellate Information

• Decided 03/05/2008
• Published 03/06/2008

Judges

• SOUTHWICK, Circuit Judge:, Before BARKSDALE, DENNIS and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Bradley Marvel (argued), Robertson & Hollingsworth, Charleston, SC, Conlee Schell Whiteley, Kanner & Whiteley LLC, New Orleans, LA, for Plaintiff-Appellant., Jonathan Saul Franklin (argued), Matthew H. Kirtland, Fulbright & Jaworski, Washington, DC, Steven L. Roberts, Sutherland, Asbill & Brennan LLP, Houston, TX, for Rowan Companies, Inc., James H. Roussel, Baker, Donelson, Bearman, Caldwell & Berkowitz, New Orleans, LA, for Newfield Exploration Gulf Coast, Inc. and Newfield Exploration Co., Dennis N. Ryan, Mark A. Shoffner, Andrews & Kurth, Dallas, TX, C. Peck Hayne, Jr., Scott Allen O'Connor, Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Remington Oil & Gas Corp.