Louisiana Act 312 Case Update
April 30, 2011
By: Jon C. Vicklund
The Energy Law Advisor
After the Louisiana Supreme Court's opinion in Corbello v. Iowa Production, 850 So.2d 686 (La. 2003), numerous lawsuits were spawned by landowners seeking environmental damages from oil and gas exploration and production operations. These cases are generally referred to as "legacy lawsuits" because the operations conducted on the properties may have commenced literally decades ago leaving behind historical pollution. Act 312, La. R.S. 30:29 (2006) was implemented to provide a "procedure for judicial resolution of claims for environmental damage to property arising from . . ." such operations. In theory, it is also meant to ensure that any recovery by a landowner actually is used for remediation purposes.
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