By Daniel Gilbert 

NEW ORLEANS--A federal judge signaled Tuesday that he may allow BP PLC to pay pollution fines over time rather than in a lump sum, as the company and government lawyers sparred over billions of dollars in possible penalties for the Deepwater Horizon oil spill in 2010.

Judge Carl Barbier's interjection, during opening statements in a civil trial over Clean Water Act fines, raised the prospect that he could impose a significant penalty but lessen the immediate impact on BP by allowing it to pay in installments, legal observers said. The company is arguing for reduced fines, in part because it says it has been hurt by falling oil prices in recent months.

BP faces a maximum $13.7 billion penalty under the U.S. Clean Water Act for the largest offshore oil spill in U.S. history. The Justice Department is seeking a fine of at least $11.7 billion, emphasizing BP's wealth and the severity of the spill that fouled hundreds of miles of coastline.

Robert C. "Mike" Brock, a lawyer for BP, said in an opening statement that a fine of more than $2.3 billion would exhaust the available capital of the subsidiary charged with the violations, BP Exploration & Production Inc., and that the parent company isn't required to cover higher penalties. The value of the subsidiary's assets has shriveled by about a third, he added, largely because of the plunge in oil prices.

In an uncommon move, Judge Barbier stopped Mr. Brock as he described the BP subsidiary's financial condition.

"I hate to interrupt," the judge said. "Is there any reason that any penalties can't be structured to be paid over a number of years?"

The question appeared to catch Mr. Brock off guard. "I don't know," he said, adding that the parties hadn't discussed the matter.

Steve O'Rourke, a government lawyer, said he knew of one such precedent for a Clean Water Act penalty but didn't elaborate.

Daniel Jacobs, a professor at American University watching the proceedings, said Judge Barbier "might well be considering such a substantial penalty from the standpoint of financial impact on the company, payments would need to be structured over time." Mr. Jacobs, a former federal environmental prosecutor, said he expects the fine to be "record-setting."

The highest penalty imposed under the act to date is the $1 billion that Transocean Ltd. paid in a 2013 settlement over the same spill.

The trial represents the final phase of the Clean Water Act litigation, which could be the single largest penalty BP still faces for the aftermath of the spill. The company has already agreed to spend $43 billion in spill-related costs, including $3.5 billion it set aside for the fines.

Judge Barbier divided the Clean Water Act litigation into three segments. In the first phase, over what caused the rig blaze and oil spill, he ruled that BP acted recklessly to cut costs and failed to conduct safety tests that might have showed the well hadn't been properly sealed.

In the second segment, the judge ruled last week that BP wasn't negligent in its efforts to staunch the flow of oil over nearly three months, and that it was liable for 3.19 million barrels that leaked into the Gulf.

To impose the penalty, the judge will weigh the steps BP took to mitigate the spill and other factors along with findings from his earlier rulings. Federal prosecutors are seeking the maximum fine, $4,300 per barrel, which would be more than 10 times the size of the largest penalty to date imposed under the Clean Water Act.

BP, which argues the fine should be capped at $3,000 per barrel, will present evidence that its efforts spared the Gulf from dire environmental and economic impacts. The company also maintains that it is a vital economic force in the region, as an employer and a payer of oil-and-gas royalties, and that a fine toward higher end of the range would damage it economically.

In court, Mr. Brock called BP's cleanup efforts a success, claiming 37% of the crude that spilled has been removed from the Gulf.

"We now have a massive amount of data that demonstrates that the Gulf did not suffer what was feared," he said. "There has been no collapse of the ecosystem."

The government is also seeking a fine for Anadarko Petroleum Corp., which owned 25% of the ill-fated well and faces a penalty of up to $3.5 billion.

Anadarko argued Tuesday it was a passive investor in the venture and should pay no fine. The company "committed no act that needs to be deterred," said Ky Kirby, a lawyer for Anadarko.

The government says Anadarko should have to pay "significantly higher" than $1 billion but less than the maximum, citing settlements made by drilling contractor Transocean Ltd. for $1 billion, and by Mitsui & Co.'s MOEX Offshore, the owner of 10% of the well, for $90 million.

Write to Daniel Gilbert at daniel.gilbert@wsj.com

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