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88 Tul. L. Rev. 817 (2013-2014)

handle is hein.journals/tulr88 and id is 873 raw text is: In State v Louisiana Land & Exploradon Co., the Louisiana Supreme Court Retreats from Progress in Oil Field Contamination Litigation I. OVERVIEW ..............................................817 II. BACKGROUND ........................... ..... 819 111. COURT'S DECISION .............................823 A. Jusdce Clark& Majoity Ophion........... ...........823 B. Justice Guidry& Concurrence and Justice Victoryl& Dissent............ ............... ..... 826 IV ANALYSIS ............................................. 827 I. OVERVIEW In the ongoing saga of Louisiana legacy litigation,' the Louisiana legislature and Louisiana Supreme Court have together taken several cautious steps along an uneasy tightrope strung between the competing interests of private landowners and oil and gas exploration and production companies accused of environmental contamination. The most recent opportunity for advancing the resolution of oil field contamination disputes arose in the matter of State v Louisiana Land & Explomadon Co., in which the state of Louisiana and the Vermilion Parish School Board haled into court a dozen exploration and production companies to answer for alleged contamination resulting from oil and gas operations performed on lands owned by the state and managed by the school board.2 Though it was undisputed that the original 1935 oil, gas, and mineral lease lacked 1. In the words of the Louisiana Supreme Court: Legacy litigation refers to hundreds of cases filed by landowners seeking damages from oil and gas exploration companies for alleged environmental damage in the wake of this Court's decision in Corbello v Iowa Production. These types of actions are known as legacy litigation because they often arise from operations conducted many decades ago, leaving an unwanted legacy in the form of actual or alleged contamination. Marin v. Exxon Mobil Corp., 2009-2368, 2009-2371, p. I n.1 (La. 10/19/10); 48 So. 3d 234, 238 n.1 (citations omitted). 2. 2012-0884, pp. 1-2 & n.2 (La. 1/30/13); 110 So. 3d 1038, 1040-41 & n.2. At the time of the Louisiana Supreme Court's review, the remaining defendants were Union Oil Company of California; Union Exploration Partners; Carrollton Resources, L.L.C.; Chevron USA Inc.; and Chevron Midcontinent, L.P. Id. at p. 2; 110 So. 3d at 1041. 817

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