Â The expansive greenery now resembles a museum of abandoned oil work. Saltwater brine tanks sit leaking on several acres, the holes patched with nothing more than cotton gloves and broom handles. Pools of oil are as commonplace as clovers.
Â The oil companies Dore has contracted with since he purchased the land, as well as those who worked it previously since 1933, have left their marks. Dore has taken many of them to court, wanting restitution for the damages. This kind of action is becoming more common in the judicial system. Some argue legacy site litigation is the new tobacco or asbestos ' the coveted trophy of trial lawyers.
The Louisiana Legislature first got involved in 2003, after the state Supreme Court affirmed a $33 million property damage award in Corbello v. Iowa Production. Some lawmakers saw a disturbing trend in the judgment: Landowners were not required to use the money for clean-up and the courts were beating up on oil companies by awarding huge sums, thus creating an unfriendly business climate.
As a result, the Legislature adopted the "Corbello bill," which requires the feuding parties to work out their differences with the state Office of Conservation. Once a plan and monetary figure are brokered, funds are placed in a court registry and used solely for clean-up. Anything left over goes back to the oil company. Most importantly, the law can also be applied retroactively, meaning in theory it could impact older cases, according to Baton Rouge Republican Rep. William Daniel, author of the legislation.
The passage of that bill three years ago was shady and heated. Daniel recalls daily meetings between constituencies that didn't even want to look at each other. Gov. Mike Foster got involved and, with a bit of sleight of hand, prompted a last-minute membership change on a key Senate committee to ensure passage.
After all that turmoil, the law was plagued with loopholes. For starters, it only addressed groundwater. In response, lawyers simply excluded it from their suits. Additionally, not long after the law was enacted, the First Circuit ruled that it didn't apply to a major case, and the courts have been reluctant to apply it retroactively ever since.Â Â Â Â Â Â Â Â Â
"I don't see any evidence that the bill has accomplished anything, other than to give aid and comfort to independent oil producers," says Michael Veron, a Lake Charles attorney who has argued both sides of the issue in court, most notably for the plaintiffs in the Corbello case.
Now Daniel, along with Sen. Robert Adley, a Democrat from Benton, is back with Corbello II to pick up the pieces during the ongoing regular session. The legislation wasn't available at deadline, but Daniel says it will basically mirror the original bill. This time, however, it will seek to include all matters of contamination.
It's already being characterized as a vehicle for independent oil, but Daniel disputes the generalization, arguing that landowners have sway in the bill as well.
Â "Plaintiffs would still be able to pursue other civil action under the legislation," he says. "We want to make sure that we preserve the right of individuals to access the court system."
Still, the divisions run deep: Independent oil would rather take its chances with the Office of Conservation, where delays will be long and faces friendly. Landowners have serious doubts and want to make sure they can use the courts to enforce contracts. Trail lawyers are concerned about smaller judgments and fewer billable hours.Â
The debate has become so heated that a group of landowners has combined forces ' under the name of Property Owners for Louisiana Land and Water Restoration ' to make a major media buy to run commercials statewide. It depicts a man on his front porch in a swing, questioning the integrity of oil companies in the state. "We want large oil companies to come here, but they have an obligation to restore the land and water they harm," says Ken Killen, a self-proclaimed businessman and property owner and the narrator of the 60-second spot.Â Â
Gov. Kathleen Blanco surprised many when she recently weighed in on the issue ' less than a month after speaking at the annual meeting of the Independent Oil and Gas Association. Blanco told lawmakers that the huge awards resulting from legacy litigation had "chilled oil and gas exploration."
After her remarks, LIOGA President Don Briggs positioned the bill as a winner for both oil and landowners. He says the economy is suffering because of the feeding frenzy and something has to be done soon.
"It's a compromise and an important step for the state," Briggs says.
If there is indeed a compromise on the table, not everyone is confident it will last. Sen. Butch Gautreaux, a Morgan City Democrat, has been pursuing this issue for more than two years. He filed legislation last year that would have forced oil companies to take responsibility for damages; it also demanded that landowners use their judgment for cleanup and encouraged mediation. After one volatile hearing, the bill was dead.
Gautreaux says he was "surprised" when Blanco overlooked all of his work and opted to go with another senator to author the legislation, even though he is one of her handpicked committee chairmen. He says he will give the new Corbello bill the benefit of the doubt but fears that Louisiana's sweetheart industry will reverse the tide of compromise back in its direction. Â Â Â Â Â
"Whatever the oil companies want us to do, we do," Gautreaux says. "Louisiana doesn't get any respect from other states because of it. People tell oil companies if they want to be abusive, go to Louisiana, because other states won't let them get away with it."
The Board of Elementary and Secondary Education has stalled action on a $3.5 billion annual school funding formula due to state lawmakers by March 15.
The New Orleans Saints have yet to make it official as of this writing, but popular wide receiver Lance Moore has reportedly been cut by the team to free up salary-cap space on the roster.
While two medical marijuana bills are slated for the upcoming legislative session, what some Louisianans might not know is that the plant was approved for therapeutic use by state lawmakers in 1991.
The agenda is shaping up to be lighter than in previous years. But Jindal is term-limited, with fewer than two years remaining in office, and he saw his last big initiative — a proposed rewrite of Louisiana tax law — collapse without getting a vote in 2013.
Sharper has been held without bail because of an arrest warrant issued by Louisiana authorities accusing him and another man of raping two women.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Friday, March 07, 2014:
Two Lafayette men have been revealed by police as the infamous duo behind a caper that shook our fair city to its core.
The Lafayette Parish School Board has received a second letter of demand related to last year’s insurance debacle, this time from Key Benefit Administrators claiming it’s owed $93,000 from the school system.
The Louisiana coastline is vanishing faster than mappers can keep track.
A bill that would have overridden local ordinances prohibiting public and private employers from discriminating against lesbian, gay and transgender people has been pulled within less than a week of being filed.
The panel that selects nominees for a controversial New Orleans area flood control board — a board that is suing more than 90 oil, gas and pipeline companies — is set to discuss legislation affecting its independence.
State prison officials cannot keep secret the seller and manufacturer of the two drugs purchased for executions at the Louisiana State Penitentiary, a federal judge ruled Wednesday.
State lawmakers will not appeal a judge's ruling that it was improper to use $3.7 million from a probation and parole officers' retirement fund to balance the state's operating budget.
Conservatives have been losing their minds over this satirical bit on the Colbert Report.
The Lafayette Parish School Board leaves a lot to be desired, but is scrapping the election process in favor of an appointed board the answer?
The House approved legislation Tuesday night to roll back a recently enacted overhaul of the federal flood insurance program, after homeowners in flood-prone areas complained about sharp premium increases.
The NFL has formally designated New Orleans' Jimmy Graham as a tight end for the purposes of his franchise tag value, which is now set at $7.05 million next season unless Graham and the Saints subsequently agree on a long-term deal.
A federal appeals panel ruled Monday that businesses don't have to prove that they were directly harmed by BP's 2010 Gulf Of Mexico oil spill to collect settlement payments.
The Louisiana Department of Transportation and Development has closed Interstate 10 from I-49 in Lafayette to Seigen Lane in Baton Rouge.
Jim Bernhard, who engineered the sale of The Shaw Group for $3 billion, recently has told several people involved in Democratic politics that he intends to run for governor in 2015.
A New Orleans levee board wants to hold the oil and gas industry accountable for decades of damage to our state’s coastline, but the Legislature may be poised to put the kibosh on the suit.
New standards curb elective induction
CVS stops tobacco sales
If an Acadia Parish fiddler misses a note while swatting a fly, will a St. Martinville accordionist learn “Ma ‘Tite Fille”?
(It's good, it's bad and it's just crazy)