View Recent Blog Posts in Legacy Oil Fields Sites

  • Forest Oil: Texas Supreme Court Rejects Exclusive Jurisdiction of the Texas Railroad Commission over Oilfield Contamination Claims By Tyler Moore Kostal The Texas Supreme Court recently handed down a decision in Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 14-0979, 2017 WL 1541086 (Tex. Apr. 28, 2017), that at first glance, is reminiscent of the landmark Louisiana legacy cases Corbello and Magnolia Coal. Forest Oil, like Corbello, supports the... Continue Reading... ....
  • U.S. Court of Appeals for the Fifth Circuit Affirms Application of Louisiana’s Subsequent Purchaser Doctrine By Chase Zachary On April 18, 2017, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in Guilbeau v. Hess Corp.[1] The court affirmed the application of Louisiana’s subsequent purchaser doctrine to claims for environmental damages allegedly caused by activities of a former mineral lessee prior to the date that the... Continue Reading... ....
  • Governor Sues Louisiana Attorney General Over Rejection of State Legal Contracts By Claire Juneau Governor John Bel Edwards has sued Louisiana Attorney General Jeff Landry over Mr. Landry’s refusal to approve certain private legal counsel contracts. Governor Edwards alleges that Mr. Landry is the “chief legal officer of the state,” is “charged with the assertion or protection of any right or interest of [Louisiana],” and “is... Continue Reading... ....
  • 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... ....