Judge says Louisiana oil suits can move forward

A Jefferson Parish judge’s determination that Louisiana need not pursue administrative remedies before suing oil companies for alleged permit violations – so far – does not appear to have caused local parish officials who want no involvement with litigation to change course.

“We are still firm on where we are at,” said Lafourche Parish President Jimmy Cantrelle, who has declined Gov. John Bel Edwards’ invitation for coastal parishes to bring their own lawsuits against the companies before the state makes its move. Terrebonne Parish President Gordon Dove also opposes bringing suit against the companies. Both have asked Edwards to let existing litigation brought by Jefferson and other parishes to play out in the courts before making any additional moves.

But Edwards is equally firm in his determination that the companies must pay for damage they have allegedly caused the environment in coastal parishes.

Cantrelle said he has not yet read the decision penned by District Judge Stephen Enright to allow the Jefferson suit to move forward. Dove could not be reached Monday for his comment, but Cantrell is certain that if he had changed position he would have signaled.

Nonetheless, Cantrelle is still approaching the matter with an open mind, he said, and plans to review Enright’s decision this week.

Louisiana Oil and Gas Association Acting President Gifford Briggs and Louisiana Mid-Continent Oil and Gas Association President Chris John have already weighed in with their objections to any suit against members of their industry.

The suits would be brought in individual parishes by the state if the parishes don’t make their own moves, through the Louisiana Department of Natural Resources. Until now the industry and local leaders who opposed the suits pointed to Enright’s previous decision not to let suits move forward as a reason why the state should not pursue the matter in parishes other than those – like Jefferson – where suits were already pending.

Briggs and John issued a joint statement, noting that the judge’s decision to reverse “is based entirely on assertions made by Gov. Edwards and DNR officials that the state doesn’t have the staff, the funding or the capability to address permit violations alleged in the coastal lawsuits.”

“Gov. Edwards’ and DNR’s claim that they are incapable of addressing the alleged violations through the state’s well established administrative enforcement process is absurd,” the joint statement reads. “DNR manages an annual budget of $69 million and employs hundreds of scientists and inspectors. DNR’s primary duty and obligation under state law is to do the work that the Edwards Administration is now calling on our judicial system to do. We fundamentally disagree with the view that our overworked, overburdened courts are more capable of enforcing the terms of state issued permits than an entire state department that has the resources and the constitutional obligation to do just that. Gov. John Bel Edwards and DNR have completely abandoned the state’s longstanding administrative process in lieu of unprecedented litigation. They have made no effort to address—or even investigate—the validity of the claims alleged in these coastal lawsuits before resorting to judicial action. And in the many months since Gov. Edwards intervened in the litigation, DNR has not issued one single compliance order or permit violation.”

Use of the courts, industry leaders said, is based on an assumption by the state that energy producers are not doing their part to help solve the complex challenges facing Louisiana’s coast. The oil and gas industry, they argue, is Louisiana’s primary private investor in the state’s environment, with dozens of coastal and environmental projects led by private industry.

“These investments clearly illustrate that collaboration is much more effective than litigation in moving us toward our collective goal of protecting Louisiana’s coast,” the statement reads. “We applaud the many, many local leaders who have rejected the Administration’s calls for more lawsuits and stood strong in the face of mounting pressure from Gov. Edwards and his team of lawyers. We humbly ask that you will continue to stand up for Louisiana’s oil and gas industry and help protect the energy jobs and wages that are so vital to our communities. Gov. Edwards’ sue-first strategy will not result in a quick payday. As we have said on behalf of our member companies from the beginning, LOGA and LMOGA will continue to vigorously defend Louisiana’s oil and gas industry from this ill-conceived and divisive litigation.” •

Jimmy Cantrelle