Picture of Esteban Herrera Jr.

Esteban Herrera, Jr.


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

Esteban has extensive experience in litigation concerning alleged contamination and wetlands loss associated with historical oil, gas, and pipeline operations. He has extensive experience pursuing insurance coverage for insured in various types of environmental, remediation, and general casualty cases. He has extensive experience in complex toxic tort class actions, environmental regulatory and legislative negotiations, and environmental compliance counseling and permitting. Esteban has experience in complex mineral rights matters, especially in the Haynesville shale area. Esteban has developed a particular expertise in e-discovery issues, helping clients efficiently comply with their legal obligations. Esteban assists clients in connection with water and air issues, solid waste issues, underground injection control programs, remediation under various Louisiana and federal environmental laws and regulations including CERCLA, Louisiana RECAP, and Louisiana oilfield remediation rules. Esteban has particular expertise in the area of FIFRA matters. He also advises clients on electronic discovery, e-discovery compliance, electronically stored information (ESI), electronic information management, and retention and destructive policies and procedures. He holds a B.S. in Civil Engineering and an M.S. in Environmental Engineering.

Esteban is listed in The Best Lawyers in America from 2014-2024 in the area of Environmental Law, receiving Lawyer of the Year for 2024, and in the Lawyers of Color Power List for 2020. He is AV-rated by Martindale-Hubbell.

Representative Experience
  • 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 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 defendants with respect to land/wetlands loss claims by landowners and other entities
  • 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's 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 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 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 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 

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

  • Admitted, Louisiana, 1991; All Louisiana Federal Courts; United States Supreme Court
  • Baton Rouge, Louisiana State (Past Chair, Environmental Law Section) and American Bar Associations; Louisiana Association of Defense Counsel; Defense Research Institute; American Inns of Court
Articles, Publications and Presentations
  • Defining America’s Wetlands: The Supreme Court’s Decision in Sackett v. EPA, Louisiana Law Blog, August 9, 2023
  • The Rules of the Game - E-Discovery under Federal, Louisiana, and Texas Rules, 2012
  • 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
  • "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
  • "In the Wake of Katrina: The 'Act of God' Defense Under Select Environmental Programs Applicable in Louisiana,Toxics Law Reporter, BNA, Inc., Vol. 20, No. 47, December 8, 2005
  • "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
  • "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
  • "Criminal Enforcement of Environmental Laws," Louisiana Water Environmental Association Seminar, April 2001
  • "Impact of Environmental Laws," Advanced Real Estate Practice In Louisiana, National Business Institute, September 12, 2000
  • 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
Community Service
  • Lawyers of Color Power List, 2020
  • Board Member, Charles M. Lamar, Jr. YMCA
  • Past Revenue Committee, Crohn's & Colitis Foundation, Louisiana/Mississippi Chapter
  • Treasurer, Jefferson Highlands Property Owners Association, 2012- present