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Former BP executive David Rainey. Image courtesy of Think Progress/Youtube.

The U.S. Supreme Court refused to hear an appeal Monday brought by former BP executive David Rainey for allegedly misleading federal investigators about the size of the 2010 Deepwater Horizon spill.

Rainey argued the government missed its deadline to file an appeal after a district court judge dismissed the obstruction charge, Reuters said.

Prosecutors allege Rainey withheld information about the estimated flow rate from the damaged Macondo well during a May 4, 2010 Congressional hearing.

Rainey is also charged with giving false information to a Congressional subcommittee chairman.

In June, the U.S. 5th Circuit Court of Appeals ruled that a lower court judge had misinterpreted the obstruction statue and dismissed the charge.

In September, a Louisiana federal grand jury issued a new indictment against Rainey for obstructing a congressional investigation into the 2010 Deepwater Horizon explosion and spill.

The new indictment adjusted the previously issued obstruction and false statement charges.

The blowout of BP’s Macondo well off the coast of Louisiana killed 11 workers and caused the largest oil spills in U.S. history.

Rainey has pleaded not guilty.

His trial is set to start on March 9, 2015.