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ARTICLE · 14 APRIL 2025

Legislation Takes Aim At "Legacy Lawsuits"

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In Corbello v. Iowa Prod. Co., 850 So. 2d 686 (La. 2003), the Louisiana Supreme Court recognized a "loophole" in the law where a landowner was allowed to recover millions in remediation damages...

United StatesEnvironment
Kelly Brechtel Becker
Kelly Brechtel Becker
Jamie Rhymes
Jamie Rhymes
John Troutman
John Troutman
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In Corbello v. Iowa Prod. Co., 850 So. 2d 686 (La. 2003), the Louisiana Supreme Court recognized a "loophole" in the law where a landowner was allowed to recover millions in remediation damages for oilfield contamination without any requirement that the money be used for actual restoration. In the wake of Corbello, the Legislature responded with the enactment of "Act 312," La. R.S. 30:29, which governs the procedure in oilfield contamination cases. Act 312 ensures that money awarded for environmental damage is used to remediate the property to state regulatory standards while preserving a landowner's private contractual rights. Landowners and defendants have fought for years over key provisions of Act 312 including: the availability of "additional remediation" damages above a regulatory cleanup, the scope of recoverable attorney's fees, and the requirements of the "Most Feasible Plan" structured by the Louisiana Department of Energy and Natural Resources "LDENR." The

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