Jump to Navigation
Jump to Content

State v. Louisiana Land & Exploration

ELR Citation: 43 ELR 20028
Nos. 2012-C -0884, (La., 01/30/2013)

The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuant to a court-approved remediation plan; and excess remediation damages stemming from tort and contract law. The oil companies argued that the district had no right to seek remediation damages in excess of those necessary to fund the court-approved plan. But the applicable state law governing oilfield remediation does not interfere with private rights, whether they arise contractually or by law. It does not prohibit the award of remediation damages for more than the amount necessary to fund the statutorily mandated feasible plan, nor does it intrude into the manner in which remediation damages are determined.