Esteban Herrera is a partner in the Baton Rouge office of Kean Miller.  He joined the firm in 1991 and practices in the environmental and litigation group.  Esteban represents local, national and international energy and industrial clients in various aspects of environmental regulation and litigation, and toxic tort defense.  

Esteban assists clients in connection with water and air issues, solid waste issues, remediation under various Louisiana and federal environmental laws and regulations including CERCLA and RCRA.  He has extensive experience in litigation concerning alleged contamination and wetlands loss associated with historical oil and gas operations.   He has extensive experience in complex toxic tort class actions, regulatory and legislative negotiations, compliance counseling, and permitting.  He holds a B.S. in Civil Engineering and an M.S. in Environmental Engineering

Representative Experience

• Representation of a chemical manufacturer in connection with a leak of nitrogen tetroxide from a railcar in Bogalusa, Louisiana and in the defense of an ensuing class action lawsuit involving thousands of claimants.
• Representation of a fertilizer chemical manufacturer in class action lawsuits resulting from an ammonia release.
• Representation of a chemical company in prosecuting a claim against an insurer and others for remediation of property damage caused by a chemical spill.
• Representation of oil and natural gas producers in lawsuits involving alleged property damage and remediation issues related to historical oil and gas operations, including alleged groundwater contamination, wetlands loss, NORM, and surface contamination issues.
• Representation and defense of a chemical company concerning personal injury claims allegedly associated with historical operations of a landfill.
• Representation and defense of a company with respect to personal injury claims allegedly associated with an abandoned creosol facility.
• Representation and defense of a company with respect to personal injury claims allegedly associated with environmental incidents, including the prosecution of claims against insurers for coverage.
• Representation of a product manufacturer in its claim against insurers for coverage with respect to claims being made against the manufacturer related to alleged mold damage.

Education

Esteban earned his J.D. from the LSU Law Center in 1991 where he was a member of the Order of the Coif and Phi Kappa Phi. He earned his B.S. in Civil Engineering from Louisiana State University in 1986, and his M.S. in Environmental Engineering in 1988.

Admissions

• Admitted, Louisiana, 1991

Memberships

• Baton Rouge, Louisiana State (Past Chair, Environmental Law Section Council Member, Treasurer, Secretary, Vice Chairman) and American Bar Associations
• Louisiana Association of Defense Counsel

Articles, Publications and Presentations

Environmental Notes, Jan/Feb 2002
Environmental Notes, December 2003

Community Service

• Eucharistic Minister, Our Lady of Mercy Catholic Church
• Past President, Our Lady of Mercy School Board
• Past President, Member Men's Club, Our Lady of Mercy School
• Volunteer, Glen Oaks Middle Magnet School and Our Lady of Mercy School Career Days

Lecturer

• "Review of Select Environmental Issues Following Hurricanes Katrina and Rita," Paul M. Hebert Law Center, Louisiana State University, Continuing Legal Education, November 22, 2005.
• Presentation, "Release Reporting and Spill Response," Kean Miller Seminar (February 23, 2005)
• "Criminal Enforcement of Environmental Laws," Louisiana Water Environment Association Seminar (April 2001)
• "Impact of Environmental Laws," Advanced Real Estate Practice In Louisiana, National Business Institute (September 12, 2000)

Authorships

• "Reliability Is the Gauge: Recent Daubert Challenges to Experts in Environmental Litigation", Natural Resources & Environment, Vol. 22, No. 4, Spring 2008.
  
• "In the Wake of Katrina: The 'Act of God' Defense Under Select Environmental Programs Applicable in Louisiana," in Toxics Law Reporter, BNA, Inc., Vol. 20, No. 47 (December 8, 2005).
• "Use of Toxicology in Tort Litigation in Louisiana," in The Use of Toxicology in Tort Litigation, A Survey of Federal and State Jurisdictions, published by The American Bar Association, Section of Litigation, Products Liability Committee (December 2004).
• Interview with Judge Burrel Carter, Baton Rouge Bar Association, Around the Bar, December 1999
• Harmon Industries, Inc. v. Browner: Federal Courts Limit EPA 'Overfiling' Under RCRA, The Louisiana Environmental Lawyer, Vol. 5, No. 4 (Winter 1999).
• Ducote v. Koch Pipeline Co.: Supreme Court Revisits The Pollution Exclusion, Around the Bar, No. 139 (September 1999)
• "Criminal Enforcement of Environmental Laws: The Basics of What Your Business Should Know," The Baton Rouge Business Report (September 14, 1999)
• "Impact of Environmental Laws," Advanced Real Estate Practice In Louisiana, National Business Institute (August 13, 1998)
• Louisiana Insurance Law Update—The Absolute Pollution Exclusion, Around the Bar, No. 126 (April 1998).
• La. Insurance Law Update - The Absolute Pollution Exclusion, Around the Bar, No. 126 (April 1998)
• Coauthor: Alternative Fee Arrangements: Time for Consideration, 43 Louisiana Bar Journal 466 (February 1996).
• "History of the Middle District" Book Review, Around the Bar, No. 104 (January 1996)
  
• "Discovery of E-mail," Around the Bar (December 1996)
  
• Co-Author, 1995 Recent Developments in Louisiana, American Lawyer's Corporate Counsel Magazine (December 1995)
  
• "EPA Adopts Universal Waste Rules, Transcontinental Materials Exchange Catalog, Volume 1, No. 1, Louisiana State University, College of Engineering (September/October 1995)
  
• Recent Developments in Environmental Law, 42 Louisiana Bar Journal 296 (October 1994).
• Evaluation of the Leaching Properties of Solidified Heavy Metal Wastes, 27 Journal of Environmental Science and Health 4.
• Immobilization Mechanisms in Solidification/Stabilization of Cd and Pb Salts Using Portland Cement Fixing Agents, 24 Environmental Science and Technology 6.