LOUISIANA AGENCY TO SUE ENERGY COMPANIES FOR WETLAND DAMAGE - New York Times By John Schwartz - GoHaynesvilleShale.com
2024-03-29T12:52:17Z
https://gohaynesvilleshale.com/forum/topics/louisiana-agency-to-sue-energy-companies-for-wetland-damage-new?commentId=2117179%3AComment%3A3464986&x=1&feed=yes&xn_auth=no
AMEN/// The last three to fou…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464986
2015-02-15T17:33:39.569Z
courtney oliver
https://gohaynesvilleshale.com/profile/courtneyoliver
<p>AMEN/// The last three to four years I have spent most of my time restoration of the coast.</p>
<p>AMEN/// The last three to four years I have spent most of my time restoration of the coast.</p>
courtney, it is my hope that…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464903
2015-02-15T17:20:29.003Z
Skip Peel - Mineral Consultant
https://gohaynesvilleshale.com/profile/ilandman
<p>courtney, it is my hope that on appeal the case will make it to court. If it does my expectation would then be for an out of court settlement as opposed to drawn out litigation which would generate large legal fees with no practical impact on the problem. You may be right that nothing can save the coast if long term climate models are accurate. However that unknown outcome shouldn't preclude us from attempting to mitigate the existing damage and rebuild coastal zones where practical. </p>
<p>courtney, it is my hope that on appeal the case will make it to court. If it does my expectation would then be for an out of court settlement as opposed to drawn out litigation which would generate large legal fees with no practical impact on the problem. You may be right that nothing can save the coast if long term climate models are accurate. However that unknown outcome shouldn't preclude us from attempting to mitigate the existing damage and rebuild coastal zones where practical. </p>
Skip I moved to south Louisia…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464742
2015-02-15T16:54:30.859Z
courtney oliver
https://gohaynesvilleshale.com/profile/courtneyoliver
<p>Skip I moved to south Louisiana in 1955 and have done work in the on shore and off shore work since then. I have seen the oak trees dying along the bayou since that time. I agree that the majority of the people in the oil producing state do not think the oil companies are evil, but you get to some of the other states and look out (keystone pipeline). If this had gone to court, many dollars would have been spent (legal fees) and would probably have been settled out of court. That is still…</p>
<p>Skip I moved to south Louisiana in 1955 and have done work in the on shore and off shore work since then. I have seen the oak trees dying along the bayou since that time. I agree that the majority of the people in the oil producing state do not think the oil companies are evil, but you get to some of the other states and look out (keystone pipeline). If this had gone to court, many dollars would have been spent (legal fees) and would probably have been settled out of court. That is still not going to save the coast. The water has been coming up for 10,000 to 15,000 years, long before the people and oil companies. I am not taking sides, I have been witness for oil companies, land owner and royalty owners etc. We got a problem//</p>
A majority of Louisiana citiz…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464796
2015-02-15T16:03:22.155Z
Skip Peel - Mineral Consultant
https://gohaynesvilleshale.com/profile/ilandman
<p>A majority of Louisiana citizens polled, if memory serves something like 81%, favor allowing the suit to go to court. I don't think that the majority of them think the industry is "evil". I think the majority would be generally supportive of the industry but would find it irrational to not assign some reasonable amount of fault for coastal erosion and wetland loss to industry activities. In south Louisiana so many have witnessed it first hand.</p>
<p>A majority of Louisiana citizens polled, if memory serves something like 81%, favor allowing the suit to go to court. I don't think that the majority of them think the industry is "evil". I think the majority would be generally supportive of the industry but would find it irrational to not assign some reasonable amount of fault for coastal erosion and wetland loss to industry activities. In south Louisiana so many have witnessed it first hand.</p>
Skip, I agree with you 100%,…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464898
2015-02-15T15:54:41.930Z
courtney oliver
https://gohaynesvilleshale.com/profile/courtneyoliver
<p>Skip, I agree with you 100%, but the point I was making is the average persons are saying look at the evil oil companies. The same goes for climate change.</p>
<p>Skip, I agree with you 100%, but the point I was making is the average persons are saying look at the evil oil companies. The same goes for climate change.</p>
The industry participated in…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464976
2015-02-15T15:26:17.619Z
Skip Peel - Mineral Consultant
https://gohaynesvilleshale.com/profile/ilandman
<p>The industry participated in the scientific study that assigned approximately 30% of the wet land loss to O&G related activity. Defenders of the industry have used the same number and have not taken exception to it in the articles and reports that I have read and posted. The lawsuit has been quite specific that it does not blame the entirety of the problem on the industry. And it seeks to recover as monetary damages only what would be calculated to be owed on the impacts that are…</p>
<p>The industry participated in the scientific study that assigned approximately 30% of the wet land loss to O&G related activity. Defenders of the industry have used the same number and have not taken exception to it in the articles and reports that I have read and posted. The lawsuit has been quite specific that it does not blame the entirety of the problem on the industry. And it seeks to recover as monetary damages only what would be calculated to be owed on the impacts that are clearly industry related. Yes, there are multiple causes for coastal erosion and wet land loss however the suit does not seek to blame the industry for them all nor to recover damages related to the majority of those causes (70%).</p>
Having been on both sides of…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464789
2015-02-15T14:51:35.910Z
courtney oliver
https://gohaynesvilleshale.com/profile/courtneyoliver
<p>Having been on both sides of legal problems (land owners and oil companies) in south Louisiana for 60 years, there are many geological conditions that have caused the loss of land and marsh. This loss of land started 10,000 years ago. Google up Alabama Sunken forest and you can see the problem. Also Man has caused a lot of the problems.</p>
<p>Having been on both sides of legal problems (land owners and oil companies) in south Louisiana for 60 years, there are many geological conditions that have caused the loss of land and marsh. This loss of land started 10,000 years ago. Google up Alabama Sunken forest and you can see the problem. Also Man has caused a lot of the problems.</p>
Judge: Oil, gas firms not lia…
tag:gohaynesvilleshale.com,2015-02-15:2117179:Comment:3464728
2015-02-15T14:20:04.559Z
Skip Peel - Mineral Consultant
https://gohaynesvilleshale.com/profile/ilandman
<p><b>Judge: Oil, gas firms not liable for La. coastal erosion</b><br></br> <br></br> Associated Press February 15,2015 shreveporttimes.com<b><br></br> <br></br> NEW ORLEANS —</b> A federal judge has dismissed a New Orleans-area levee authority’s lawsuit charging oil and gas companies with destroying Louisiana’s coastal wetlands.<br></br> <br></br> The lawsuit was filed by the Southeast Louisiana Flood Protection Authority- East in 2013 against nearly 100 oil and gas companies over damage they allegedly caused to…</p>
<p><b>Judge: Oil, gas firms not liable for La. coastal erosion</b><br/> <br/> Associated Press February 15,2015 shreveporttimes.com<b><br/> <br/> NEW ORLEANS —</b> A federal judge has dismissed a New Orleans-area levee authority’s lawsuit charging oil and gas companies with destroying Louisiana’s coastal wetlands.<br/> <br/> The lawsuit was filed by the Southeast Louisiana Flood Protection Authority- East in 2013 against nearly 100 oil and gas companies over damage they allegedly caused to Louisiana’s wetlands. The authority is one of two regional boards set up by the state after Hurricane Katrina to better protect the New Orleans area from flooding. The companies had faced billions of dollars in damages if the suit had been successful. The suit argued that the defendant oil companies did not fulfill their obligations to clean up the damage caused by drilling and related activity on Louisiana’s coast. In dismissing the lawsuit Friday, U.S. District Judge Nanette Jolivette Brown said federal and state laws did not provide any avenue by which the levee authority could successfully bring suit.<br/> <br/> Brown rejected arguments by the authority that it had a claim against the oil and gas companies, ruling that the levees were too far from, or too indirectly affected by, the alleged damage. She also said the authority had no right to sue under permits issued by the state or the U.S. Army Corps of Engineers that allowed the companies’ energy exploration or transportation activities in the first place.<br/> <br/> Greg Beuerman, a spokesman for Shell, Chevron and BP, which were all defendants in the suit, praised the decision.<br/> <br/> “We are gratified by this ruling to dismiss this ill-conceived, unwise and divisive litigation, which we have contended all along was nothing more than an attempt to subvert the existing legal and regulatory processes,” Beuerman said in a statement.<br/> <br/> An attorney said the decision would be appealed with the Flood Protection Authority’s permission.<br/> <br/> “We’re disappointed with the ruling, but I think it was always clear this wouldn’t be resolved in the district court,” said Jim Swanson, one of the lead attorneys on the case. “I don’t think this is the final word on this subject.”<br/> <br/> In drilling for oil in Louisiana’s marshes and swamps, oil companies dug about 10,000 miles of canals and sucked up enormous amounts of oil and gas. Those actions and others led to tremendous land loss, according to scientists. Louisiana has lost about 2,000 square miles of coastal land and drilling has been blamed for about 36 percent of that loss.<br/> <br/> To thwart the suit, legislators and Gov. Bobby Jindal passed a law this year that prohibits state agencies and local governments from pursuing suits such as the one filed by the flood board.<br/> <br/> Jindal spokeswoman Shannon Bates Dirmann also praised the ruling.<br/> <br/> “We appreciate the judge’s ruling and are pleased that this frivolous lawsuit has come to an end,” said Bates. “We’ve maintained that this was not a claim SLPFA had the authority to bring, and we are glad the court agreed.” <br/> <br/> “We’ve maintained that this was not a claim SLPFA had the authority to bring, and we are glad the court agreed.”</p>
Timeline of internal oil and…
tag:gohaynesvilleshale.com,2015-01-23:2117179:Comment:3456384
2015-01-23T04:04:17.123Z
Skip Peel - Mineral Consultant
https://gohaynesvilleshale.com/profile/ilandman
<p><strong><a href="http://jonesswanson.com/slfpaecase/timeline/">Timeline of internal oil and gas industry memos, as well as laws, legal decisions, and enforcement actions relating to industry activities over the last several decades</a></strong></p>
<p><a href="http://jonesswanson.com/slfpaecase/timeline/" target="_blank">http://jonesswanson.com/slfpaecase/timeline/</a></p>
<p><strong><a href="http://jonesswanson.com/slfpaecase/timeline/">Timeline of internal oil and gas industry memos, as well as laws, legal decisions, and enforcement actions relating to industry activities over the last several decades</a></strong></p>
<p><a href="http://jonesswanson.com/slfpaecase/timeline/" target="_blank">http://jonesswanson.com/slfpaecase/timeline/</a></p>
Gov. Bobby Jindal asks state…
tag:gohaynesvilleshale.com,2015-01-23:2117179:Comment:3456383
2015-01-23T04:02:30.361Z
Skip Peel - Mineral Consultant
https://gohaynesvilleshale.com/profile/ilandman
<p><b>Gov. Bobby Jindal asks state Supreme Court to uphold law banning wetlands damage suit against oil companies</b></p>
<p><b>Mark Schleifstein, NOLA.com | The Times-Picayune</b> By <b>Mark Schleifstein, NOLA.com | The Times-Picayune</b> on January 09, 2015 at 11:36 PM, updated January 10, 2015 at 9:00 PM</p>
<p>Gov. <b>Bobby Jindal</b> has asked the Louisiana Supreme Court to uphold the constitutionality of a law passed to block the east bank levee authority's <b>wetlands damages lawsuit…</b></p>
<p><b>Gov. Bobby Jindal asks state Supreme Court to uphold law banning wetlands damage suit against oil companies</b></p>
<p><b>Mark Schleifstein, NOLA.com | The Times-Picayune</b> By <b>Mark Schleifstein, NOLA.com | The Times-Picayune</b> on January 09, 2015 at 11:36 PM, updated January 10, 2015 at 9:00 PM</p>
<p>Gov. <b>Bobby Jindal</b> has asked the Louisiana Supreme Court to uphold the constitutionality of a law passed to block the east bank levee authority's <b>wetlands damages lawsuit</b> against more than 80 oil, gas and pipeline companies.</p>
<p>Attorney <b>Jimmy Faircloth</b>, who lobbied the 2014 Legislature on behalf of <b>Act 544</b> for the governor's office, filed paperwork with the Supreme Court Tuesday. The filing challenges a Dec. 3 judgement by 19th Judicial District Court Judge <b>Janice Clark</b> that declared the law unconstitutional.</p>
<p>"We are pleased that the ruling has been appealed and that the constitutionality of the statute is being defended," said Mike Reed, Jindal's communications director.</p>
<p>But <b>Gladstone Jones</b>, the lead attorney for the Southeast Louisiana Flood Protection Authority-East, said he's confident the Supreme Court will agree that the law is unconstitutional.</p>
<p>"This entire effort to derail this lawsuit and making oil companies fix what they broke is driven by the governor's frivolous presidential aspirations to please his potential donors - the oil industry," Jones said. He added that he's "confident" the law "will continue to be found to be inapplicable and an unconstitutional overreach."</p>
<p>Clark, in her December judgement, found that Act 544 didn't apply to the levee authority because it "is an independent political subdivision and not a state agency." Thus, the language used in the law didn't apply to it.</p>
<p>She also ruled that the law violates the state Constitution's "public trust doctrine" contained in Article 9, Section 1, by blocking levee authority's ability to "redress issues with coastal restoration particularly insofar as those are related to hurricane protections."</p>
<p>That section of the Constitution says: "The natural resources of the state, including air and water, and the healthful, scenic, historic, and esthetic quality of the environment shall be protected, conserved, and replenished insofar as possible and consistent with the health, safety, and welfare of the people. The legislature shall enact laws to implement this policy."</p>
<p>Clark also found the law violated the Constitution's restrictions on the Legislature's handling of "special laws" dealing with local issues, because its language was not properly advertised in advance of the legislative session.</p>
<p>The levee authority filed suit in 2013 to force the energy companies to repair wetlands damage or to pay for restoration projects or additional storm surge protection. Several companies have been removed from the suit, but there are still 86 corporate defendants.</p>
<p>The suit is now being fought in federal court in New Orleans, after the companies successfully argued that the issues it addresses are federal in nature.</p>
<p>U.S. District Judge Nannette Jolivette Brown has heard arguments on whether to dismiss the suit, including whether Act 544 applies, but has not issued a ruling.</p>
<p>In a filing in federal court, attorneys representing the levee authority notified Brown of the governor's office's appeal to the state Supreme Court, and pointed out that state Attorney General Buddy Caldwell had raised his own questions about the law's constitutionality.</p>
<p>In a memorandum Caldwell filed with Clark, he pointed out that the standing practice of the state Supreme Court was to avoid constitutional challenges of state laws when a case can be decided on non-constititutional grounds. But he reserved the right to bring up his constitutional concerns, which were similar to those outlined by Clark, if it became necessary.</p>
<p>In that filing Caldwell said "... the retroactive application of Act 544, at a minimum, raises problematic constitutional separation of power issues and even clearer constitutional issues" under its public trust doctrine provisions. </p>
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