"I guide businesses involved in some of the most heavily regulated industries through the environmental problems they face by providing practical legal solutions and strong advocacy grounded in an understanding of their business and the environmental laws that impact their bottom line."
Esteban Herrera is AV-rated by Martindale Hubbell, included as a “Best Lawyer” in The Best Lawyers in America for Environmental Law, and listed among the “Lawyers of Color Power List.” He represents local, national, and international energy and industrial clients in environmental regulation and litigation, oil and gas law and litigation, insurance coverage litigation, and toxic tort defense. Esteban brings a variety of precedential achievements to his decades-long career in defending client rights and serving as a thought leader in environmental law.
Esteban brings the requisite knowledge, credibility, and skill to consistently deliver practical yet strategic legal counsel, advocacy, and litigation defense in such areas as regulatory compliance and enforcement. He also advises on existing and emerging issues pertaining to oil and gas pipelines, environmental remediation, and oil and gas.
With a proven track record of favorable results, Esteban delivers a smart and tactical approach to problem-solving when it comes to high-stakes litigation involving alleged contamination and wetlands loss associated with historical oil, gas, and pipeline operations. He has proven, time and again, his ability to successfully pursue insurance coverage for insureds involved in various types of environmental, remediation, and general casualty claims – a selection of which have been valued into the hundreds of millions of dollars.
Esteban litigates complex environmental and toxic tort class actions and advises on environmental regulatory and legislative negotiations, compliance, and permitting. He is fluent in the laws associated with mineral rights.
In addition, Esteban advises on the sophisticated legal issues associated with coastal use permitting, water, and waste programs. He navigates clients through and beyond remediation under various Louisiana and federal environmental laws and regulations, including CERCLA, Louisiana RECAP, and Louisiana oilfield remediation rules.
Esteban is valued by clients and colleagues alike for his deep bench of technological acumen in e-discovery issues. He helps clients efficiently comply with their legal obligations involving electronic discovery, e-discovery compliance, electronically stored information, electronic information management, and retention and destructive policies and procedures.
- Representation of energy companies with respect to environmental permitting claims by local and state authorities concerning historical operations in wetlands areas in south Louisiana.
- 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 of defendants with respect to land/wetlands loss claims by landowners and other entities.
- Representation of a national energy transportation company in litigation which required the gathering and production of a large amount of electronically stored information.
- Representation of a national energy company in claims against insurance companies for insurance coverage and defense with respect to pending contamination lawsuits against the energy company.
- Representation of a national energy company in recovering costs and expenses incurred in environmental litigation from a person who owned defense and indemnity obligations.
- Representation of an energy company in seeking insurance coverage under a pollution policy with respect to historical site contamination.
- Representation of PRP with respect to negotiating a Cost Sharing Agreement and responding to an EPA Unilateral Administrative Order for a removal action under Superfund authorities.
- Representation of an oil and gas company concerning claims that operations resulted in loss of royalties and damage to an oil/gas reservoir.
- Representation of an oil and gas industry group in opposing a lawsuit by an environmental group challenging and LPDES general permit issues by Louisiana for oil and gas exploration, development, and production facilities.
- Representation of a chemical facility in opposing an environmental groups’ challenge to a Title V air permit issues to the facility.
- Representation of several chemical facilities with respect to challenges by environmental groups to Class 1 hazardous waste underground injection well permits.
- Representation of a national energy company in an oil and gas dispute involving the ownership of certain mineral rights in the Haynesville Shale.
- Representation of an industrial contractor in claims against insurance companies for coverage and defense with respect to toxic tort personal injury lawsuits.
- 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 fertilizer chemical manufacturer in class action lawsuits resulting from a release of oleum.
- 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 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.
- LSU Law Center, J.D., 1991
- Member, Order of the Coif
- Member, Phi Kappa Phi
- LSU, M.S., Environmental Engineering, 1988
- LSU, B.S., Civil Engineering, 1986
- Louisiana
- U.S. District Court for the Eastern District of Louisiana
- U.S. District Court for the Middle District of Louisiana
- U.S. District Court for the Western District of Louisiana
- U.S. Supreme Court
- Member, Baton Rouge Bar Association
- Member, Louisiana State Bar Association (Environmental Law Section, Past Chair)
- Member, American Bar Association
- Member, Louisiana Association of Defense Counsel
- Member, Defense Research Institue
- Member, American Inns of Court
- AV Preeminent-rated, Martindale-Hubbell
- "Best Lawyers," The Best Lawyers in America, 2014-2025
- "Lawyer of the Year," The Best Lawyers in America, 2024
- "Lawyers of Color Power List," Lawyers of Power, 2020
- "Defining America’s Wetlands: The Supreme Court’s Decision in Sackett v. EPA," Louisiana Law Blog, August 9, 2023
- "Proportionality under FRCP Rule 26: Recent Developments," 2017
- "Court Approves Landowner Flood Protection Claims Against Corps of Engineers," Louisiana Law Blog, April 4, 2018
- "Making the Switch From Your Legacy eDiscovery Review Platform", Thompson Reuters E-Discovery Webinar, March 18, 2014
- "Litigation Hold Letters Generally Are Not Discoverable - But, A Party's Document Preservation and Collection Efforts Generally Will Be," Louisiana Law Blog, April 2012
- "The Rules of the Game - E-Discovery under Federal, Louisiana, and Texas Rules," 2012
- "So you want to be an Expert Witness...", 2014 Tri-State Engineering Society Conference, June 9, 2011
- "Reliability Is the Gauge: Recent Daubert Challenges to Experts in Environmental Litigation,” Natural Resources & Environment, Vol. 22, No. 4, Spring 2008, American Bar Association Section of Environmental, Energy, and Resources
- Treasurer, Jefferson Highlands Property Owners Association, 2012-Present
- Board Member, Charles M. Lamar, Jr. YMCA
- Past Member, Crohn's & Colitis Foundation (Revenue Committee, Louisiana/Mississippi Chapter)