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BP CEO Bob Dudley. Image courtesy of BP/Youtube.

A U.S. federal appeals court said Friday that BP can appeal some damage claims tied to the 2010 Deepwater Horizon accident.

The 5th U.S. Circuit Court of Appeals in New Orleans ruled that BP can challenged some of the claims because it never directly waived its right to appeal when it inked a settlement agreement in 2012, Reuters said.

“Where a settlement agreement does not resolve claims itself but instead establishes a mechanism pursuant to which the district court will resolve claims, parties must expressly waive what is otherwise a right to appeal from claim determination decisions by a district court,” Judge Fortunato Benavides said.

A BP spokesperson told Reuters the company is pleased with the ruling.

The company has paid about $5.13 billion in claims to 63,597 claimants for damages tied to the Deepwater Horizon spill.

The court also rejected BP’s attempt to appeal settlement payments made to three non-profit groups. 

BP is currently waiting for U.S. District Judge Carl Barbier to determine how much the company will pay for violations of the Clean Water Act.

Last month BP told court officials that its U.S. unit will be out of cash if the company is ordered to pay even less than a quarter of the $13.7 billion in fines its facing for the spill.