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."
As part of a national undertaking known by industry insiders as the “Butterfly Project,” a rebranded version of The Daily Advertiser is set to launch with Sunday’s edition of the Gannett-owned paper.
Louisiana moved up a slot to 48th in the ranking of healthy states — once again, thank God for Mississippi! — so all this frettin’ about Gov. Bobby Jindal’s refusal to expand Medicaid per Obamacare ... fuggidaboutit! We don’t need Medicaid no more!
The Denham Springs woman who placed Christmas lights in the shape of a butter finger on her roof in a display of anger directed at neighbors has doubled the trouble for the 2013 holiday season.
The 30-second commercial, to run around the state, is the Democratic senator's first TV spot in her bid for re-election to a fourth term.
It's a number that has edged up but falls far short of the thousands who are eligible for subsidized coverage.
A group of mostly higher education leaders will make recommendations to state lawmakers about how to tweak the policies governing tuition rates charged at the state's public colleges.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Wednesday, December 11, 2013
That would be Congressman John Fleming talking about Sen. David Vitter.
The alleged mastermind behind the bribery scheme that went on for four years under DA Mike Harson’s nose isn’t just schizophrenic, bipolar and recovering from mini strokes; he now says he has cancer.
Louisiana's higher education leaders are trying to work out a financing deal to keep the state's public colleges from running low on state cash to operate their campuses.
With their latest triumph, the Saints left little doubt about how tough they are to beat in the Superdome. Unfortunately, two of their remaining three games are on the road.
For the first time in at least five years, retired teachers, state workers and school system employees could see an increase in their pension checks.
Lawmakers and Gov. Bobby Jindal's administration shared a collective sigh of relief with the news that Louisiana's tax amnesty program brought in the $200 million that they used to help balance this year's budget.
Drew Brees often makes the extraordinary look routine, particularly during night games in the Superdome.
The teams were extended invitations Sunday for the New Year's Day matchup played at Raymond James Stadium, home of the NFL's Tampa Bay Buccaneers.
If all 44 projects are approved, about $300 million would remain in the fund set up as a down payment to help the Gulf.
Last week, the Saints gave up 429 yards to Seattle, second most in a game this season.
Since Anthony Jennings and Brooks Haack were not expected to contribute until next year at the earliest, it seemed like a sneak peek at hidden Christmas gifts.
Louisiana National Guard personnel seeking benefits for same-sex spouses will have an easier time filing the requests, despite a state refusal to let its workers process the paperwork.
Panthers coach Ron Rivera sees one potential flaw with his team's stellar defensive play so far this season. "Apparently we like to bite on the double moves," Rivera said.
Computer hackers may have gained access to the personal information of thousands of Louisiana residents who use debit cards issued by JPMorgan Chase for three state agencies, authorities said Wednesday.
Jim Purcell, who has been in the job since February 2011, notified the Board of Regents about his decision at its monthly meeting.
Hushed plans for a commercial development along the Louisiana Avenue portion of the Holy Rosary campus put the future of longtime tenant EarthShare Gardens in jeopardy.
If a recent advertisement in The Daily Advertiser is any indication, speculation the local daily will be implementing the “Butterfly Project” could be more of a reality than the Gannett-owned paper’s top execs are willing to admit.
Mettenberger injured his left knee while unloading a 32-yard completion in the fourth quarter of No. 14 LSU's 31-27 victory over Arkansas last Friday, and LSU coach Les Miles confirmed the severity of the injury on Wednesday.