Louisiana business groups have filed a legal brief supporting the Terrebonne Consolidated Government in its efforts to stop the parish’s district attorney from pursuing coastal erosion lawsuits against energy companies.
The parish saw its lawsuit against District Attorney Joseph Waitz, who was authorized by the state Department of Natural Resources (DNR) to respond to potential damage to waterways, dismissed in the 32nd Judicial Court. But the parish is now appealing the decision to the First Circuit Court of Appeal.
At the heart of the litigation is which parish officials have the authority to pursue litigation with private law firms that fault oil and gas companies for loss of wetlands along Louisiana’s coast. Gov. John Bel Edwards and other parishes are pursuing such civil litigation against Louisiana energy firms, arguing that past drilling activities are responsible for environmental damage.
An amicus brief filed on behalf of the Louisiana Association of Business and Industry (LABI), Louisiana Oil & Gas Association and Louisiana Mid-Continent Oil and Gas Association contends that confusion about the lines of authority within a parish can be a disincentive to businesses seeking to make investments there.
“This case arises out of an attempt by DNR and DA to facilitate a windfall in civil money damages to private lawyers, using the name of Terrebonne Parish,” the amicus brief filed last month states.
“Prior to being engaged by the DA, those same law firms sought out the Terrebonne Parish president in an effort to engage them to pursue civil lawsuits seeking hundreds of millions of dollars in alleged damages based on ‘damage models’ used in oil and gas contamination cases.”
Terrebonne President Gordy Dove decided not to pursue the civil litigation, but the legal firms later received a contingency contract from District Attorney Waitz, who was acting as a designee of the DNR, the brief says.
The parish’s home rule charter, as well as other legal documents, give Terrebonne the exclusive right to make its own decisions regarding civil claims, according to the consolidated government.
“Companies and families in Terrebonne Parish have gone through so much, and they want to get back to business as normal, but they can’t with continued overreach by state government,” Lauren Chauvin, director of LABI’s Civil Justice Reform and Energy councils, told the Louisiana Record in an email.