View Recent Blog Posts in Legacy Oil Fields Sites

  • Jefferson Parish Land Loss Suit Dismissed By Matthew B. Smith The first of many coastal land loss lawsuits filed by Louisiana coastal parishes has proceeded to judgment, with the result being the dismissal of the case based on the failure to exhaust administrative remedies prior to filing suit. Since the filing of the politically-charged Southeastern Louisiana Flood Protection Authority lawsuit, four [...] Continue Reading... ....
  • The Louisiana Supreme Court Issues Strong Guidance about Manifest Error Standard: Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC By Gibbons Addison On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working interest [...] Continue Reading... ....
  • Coastal Erosion Lawsuit against the Oil and Gas Industry Dismissed By Tyler Moore Kostal A federal judge dismissed the lawsuit that the New York Times referred to as “The Most Ambitious Environmental Lawsuit Ever” on February 13, 2015, with a finding that the plaintiffs did not state a viable claim for relief. The Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East (“SLFPA-E” or [...] Continue Reading... ....
  • Update: Punitive Damages – “One Bite of the Apple” or Exception to Res Judicata By Tyler Moore Kostal As previously reported, the Louisiana Supreme Court heard oral argument in Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., regarding the dispute as to whether claims for punitive damages are barred by res judicata. The court recently issued opinions in these cases. To [...] Continue Reading... ....
  • Punitive Damages: “One Bite of the Apple” or Exception to Res Judicata By Tyler Moore Kostal The Louisiana Supreme Court recently heard oral argument in two cases, Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., both involving a plaintiff’s damages for potential exposure to naturally occurring radioactive material (NORM). This is the second lawsuit for both plaintiffs against the [...] Continue Reading... ....
  • Act 312 – Louisiana Legislature Passes New Measures to Speed Remediation Process By Claire Juneau After the 2003 Corbello decision, the Louisiana legislature attempted to enact a workable procedure for recovering environmental damages arising from oil and gas operations known as Act 312. The main goal of Act 312 was to ensure that property contaminated by oilfield operations would be cleaned up to applicable regulatory standards. Since [...] Continue Reading... ....
  • Louisiana Supreme Court Expands Judicial Limitations on Landowner Tort Claims By Lou Grossman The Subsequent Purchaser Doctrine is a judicially created limitation on the rights of a current landowner to sue for pre-acquisition damages. For over 160 years, Louisiana courts have held that a current landowner has no right of action to sue for damages to his/her property occurring prior to the date of sale [...] Continue Reading... ....
  • New Louisiana Disclosure Rules on Hydraulic Fracturing Take Effect 10.20.11 By Brittany L. Buckley Effective today, October 20, 2011, new permitting and disclosure requirements apply to hydraulic fracturing operations in Louisiana. Known as “fracking” in the oil and gas industry, hydraulic fracturing refers to the process of injecting fluid into tight shale or sandstone formations, which creates fractures in the rock through which oil and [...] Continue Reading... ....
  • Louisiana Second Circuit Court of Appeals Upholds Application of Subsequent Purchaser Doctrine in Oilfield Legacy Case By Lou Grossman In a recent decision, the Louisiana Second Circuit Court of Appeals upheld the application of the longstanding subsequent purchaser doctrine to an oilfield legacy case.  The decision Wagoner v. Chevron U.S.A. Inc., et. al., No. 10-45507 (La. 2. Cir. 2010) affirmed the legal principle that the right to recover for property damages [...] Continue Reading... ....
  • Recent Developments in E-Discovery in Louisiana By Katie D. Bell Electronic Discovery, or “E-Discovery”, is not considered the “novel issue” it once was. However, E-Discovery still presents problems that litigants and courts struggle with. Below is a summary of recent Louisiana Federal Court opinions dealing with the issues surrounding E-Discovery. In Frees, Inc. v. McMillian, 2007 WL 184889 (W.D. La. Jan. [...] Continue Reading... ....