Services Wetlands, Land Loss & Erosion Claims

Kean Miller’s energy and environmental trial teams are at the forefront of land use, wetlands loss, coastal erosion, and state coastal zone litigation. Kean Miller regularly represents energy, exploration and production, and pipeline companies in connection with historical operations, construction matters, coastal permitting, engineering evaluations, subsidence claims, environmental contamination claims, sediment diversion issues, saltwater intrusion claims, legislative and administrative remedies, and evaluation of scientific research related to coastal areas.

These matters require extensive expertise in surface hydrology, wetlands loss, saltwater intrusion, geological subsidence, oil and gas exploration and production operations, and evaluation and remediation of environmental media. Kean Miller’s teams are familiar with the legal, technical, and administrative issues that are critical to the successful defense of wetlands, land loss, and erosion claims.

Representative Experience

• Representation of a national energy client in a wetlands loss claim involving 15,000 coastal acres. The Kean Miller team filed a third-party claim against the Corp of Engineers in connection with the federal government’s role in wetlands losses. The case addressed the role of natural subsidence and construction issues related to navigation canals, levees and navigation arteries constructed by the Corp and other public bodies.
• Representation of global energy clients in wetlands loss matters pending in various coastal locations.
• Representation of major interstate pipeline client at trial involving a matter of first impression regarding coastal erosion and land loss allegedly caused by pipeline canals.
• Representation of global energy client in a jury trial alleging thousands of acres of wetlands loss and claims in excess of $3 billion of property damage due to historical exploration and production activities in coastal/marsh settings.
• Representation of pipeline clients in claims alleging breach of applicable right-of-way agreements, servitudes and easements that resulted in land loss and/or alteration of hydrology.
• Representation of a global energy client in class action litigation alleging land loss following Hurricane Katrina.