Many of the nation’s leading energy companies turn to Kean Miller for effective representation in a wide variety of litigation involving the exploration, production, refining, transportation and regulation of oil and gas in Louisiana.  Our firm has emerged as a leader in both property damage and chemical exposure defense, and we have earned our clients’ trust by producing positive results in hundreds of diverse cases.  We represent clients in cases involving claims of environmental contamination and remediation, short-term and long-term exposure to hazardous materials, naturally occurring radioactive material (“NORM”), oil field waste, and products liability.   In addition, Kean Miller is involved in cutting-edge litigation on wetland loss issues, oilfield restoration and maintenance issues, and contractual obligations regarding land use. 

Importantly, Kean Miller has over 30 years of experience negotiating with major plaintiffs’ counsel across the state of Louisiana.  Further, we have a strong environmental regulatory practice that complements and supports the environmental litigation practice.

Representative Experience: 

• Representation of a major international oil company in a variety of oil field contamination cases over the course of the past 12 years.  The cases involved claims associated with soil and groundwater contamination.  The claimed contaminants included Non-Hazardous Oilfield Wastes ("NOW") as well as NORM.   The cases include inland locations as well as locations in marsh/wetland environments.  The cases have been brought on behalf of individual landowners and landowners numbering in the hundreds.  Many cases were filed as class actions involving thousands of potential class members.  The sites range from 1 acre tracts to 158 square miles. 

• Representation of a major U.S. energy company in the first Louisiana case of record concerning NORM, the 51 Oil case.

• Representation of a worldwide oil producer in a class action oilfield contamination case involving approximately 800 acres.  Our representation included securing expert testimony on behalf of the defendant and trial preparation.  The plaintiffs demanded over $25,000,000 for clean-up and the case was settled during negotiations after jury selection at an advantageous amount for defendant.

• Representation of major oil and gas clients as common counsel in NORM personal injury and property damage class action and mass joinder litigation.

• Representation of a worldwide oil producer in an oilfield contamination case over approximately 700 acres where 250 plaintiffs requested total damages, including a clean up of $33,000,000, to $100,000,000. After trial, the jury awarded $375,000 in clean up costs. 

• Representation of a major international oil company in the Herrington NORM litigation case in Mississippi, the Broussard NORM personal injury case in Lafayette, and the Bulot NORM personal injury case in New Orleans.

• Summary judgment in favor of two oil companies in the OGTI personal injury case in New Orleans Civil District Court three months following the Grefer punitive damage award. 

• Representation of a major international oil company in a case involving environmental claims, pit claims, and NORM claims associated with fear of exposure to contaminated seafood.

• Representation of a major industrial chemical manufacturer in three cases involving claims for personal injury and property damage arising from alleged contamination of property by a cesium-137 radiation source.

• Representation of three major oil and gas companies in contamination lawsuits in New Orleans, Louisiana involving NORM waste at a former pipe yard.   

• Representation of major oil and pipeline companies in oil field cases involving wetland damage claims across South Louisiana.

• Representation of various other clients in oilfield contamination cases involving serious and complex scientific, procedural and substantive legal issues, extensive trial preparation and logistical efforts.

• Representation of individual clients and trade group interests on legislative and rulemaking actions concerning the development of standards for oilfield remediation.

• Representation of major international oil company in an oilfield pollution case alleging a clean up of contamination at a cost in excess of $20,000,000.  After trial, the jury found for defense, awarding zero to plaintiff.

In addition, Kean Miller’s historical representation of the chemical industry in Louisiana has fostered the development of a special practice area devoted to policyholder representation in insurance coverage disputes. Kean Miller has recently represented two policyholders (a major chemical company in Lake Charles and a group of pipeline companies in Geismar, Louisiana) in two major insurance cases that resulted in the recovery of millions of dollars in insurance coverage for pollution cleanup. The recoveries were from a diverse group of insurers, including both domestic and European insurers. Kean Miller has the expertise to analyze policy coverage over long time periods associated with site cleanup coverage and has the resources to litigate with large insurers seeking to avoid coverage.