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Louisiana

Energy Management Corp. v. Shreveport, City of

The Fifth Circuit held that a local ordinance that prevents a corporation that owns state-granted mineral interests under and around a lake from drilling within 1,000 feet of that lake is preempted by Louisiana's comprehensive...

Avenal v. State

The Louisiana Supreme Court threw out a $1.3 billion takings judgment awarded to oyster fishermen holding oyster leases in the Breton Sound area who allegedly suffered a compensable taking under the Louisiana Constitution as a result of...

Corbello v. Iowa Prod.

The court grants a partial rehearing to clarify its views on the required burden of proof in environmental pollution cases, which remains proof by a preponderance of the evidence. An oil company that sought rehearing argued that...

Central Pines Land Co. v. United States

The court upholds a district court decision that Louisiana Act 315 of 1940 cannot be applied retroactively to mineral servitudes created prior to the Act but can be applied prospectively to post-1940 transfers. In 1929, a mineral...

Coastal Envtl. Specialists, Inc. v. Chem-Lig Int'l, Inc.

The court denies an environmental remediation specialist's claims that a port commission owed it money for cleaning up property leased by the commission. A chemical manufacturer leased land from the port commission. Upon discovering...

Thermo Terratech, Inc. v. GDC Enviro-Solutions, Inc.

The court holds that neither a contractual liability exclusion nor a professional liability exclusion contained in a comprehensive general liability (CGL) insurance policy bars coverage of claims made by a hazardous waste incinerator...

Anderson v. Red River Waterway Comm'n

The court affirms a district court's grant of summary judgment in favor of a local commission charged with maintaining and operating the Red River Waterway in Louisiana in an inverse condemnation suit brought against it by riparian...

Brown v. Olin Chem. Corp.

The court affirms a district court's grant of summary judgment to a Louisiana sulfuric acid manufacturer, emissions from which allegedly harmed a casino and its employees. In order to complete construction of a riverboat, the casino...

St. Martin v. Mobil Exploration & Producing U.S. Inc.

The court affirms a district court decision holding oil companies liable for $240,000 in damages for failing to adequately maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh in Terrebone...

Louisiana Dep't of Envtl. Quality v. Crystal Oil Co.

The court holds that bankruptcy discharges a state environmental agency's environmental liability claims against an oil company believed to be the successor to the owner of an abandoned oil site where hazardous substances had been...