By TONI ELLINGTON
U.S. District Court Judge Jay Zainey of the Eastern District of Louisiana issued a ruling on Monday, December 1, 2014, remanding the lawsuit filed by Plaquemines Parish against 19 oil and gas companies for alleged damage to the coastal areas from drilling operations. The case will be transferred back to the 25th Judicial District Court in Plaquemines Parish.
In the ruling, Judge Zainey found that the 19 defendants in the case were improperly joined, and thus the case was not properly removed to federal court. Defendants in the case are Anadarko E&P Onshore LLC, BP America Production Company, Burlington Resources Oil & Gas Co. LP, Chevron USA Inc., Chevron USA Holdings Inc., Chevron Pipeline Co., Clayton Williams Energy Inc., Delta Development Co. Inc., Devon Energy Production Co. L.P., Dimension Energy Co. LLC, Exxon Mobil, June Energy Inc., LLOG Exploration & Production Co. LLC., Pioneer Natural Resources USA Inc., Shell Offshore Inc., Shell Oil Co., Texas Petroleum Investment Co., The Texas Co., and Total Petrochemicals, Inc.
The ruling is considered a setback for the oil and gas industry defendants. It also sets the stage for 20 other similar suits filed by Plaquemines Parish and 7 suits filed by Jefferson Parish to be remanded to state court.
The lawsuits were filed in November 2013 under the parishes’ special authority under Louisiana law to regulate the coastal zones within their borders. The plaintiffs claim that the oil and gas companies caused damage to the coastal areas and wetlands when they built canals through the wetlands. The parishes seek to have the defendant companies either pay for the damages or remove the toxic wastes left behind from drilling operations.
For more information on this important litigation, stay tuned to this blog, or contact Toni Ellington at (504) 599-8500.
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