NEW ORLEANS (AP) — A federal judge has dismissed one of the two counts in the indictment of a former BP executive who was charged with concealing information from Congress about the amount of oil leaking in 2010 from the company's blown-out well in the Gulf of Mexico.

U.S. District Judge Kurt Engelhardt cited two reasons Monday for dismissing the obstruction of Congress charge against David Rainey, who was BP's vice president of exploration for the Gulf.

Engelhardt said the indictment failed to allege that Rainey knew of the pending congressional investigation he was charged with obstructing.

The judge also ruled that the obstruction count must be dismissed because it wasn't clear that it applied to subcommittee investigations.

Rainey still faces one count of making false statements.