Louisiana parishes’ coastal erosion lawsuits against energy companies advanced a step closer to being tried in state courts last month after the U.S. Supreme Court rejected the companies’ petition to send the cases to federal courts.
The high court on Feb. 27 rejected the companies’ petition to review the litigation. That appeal followed decisions by the U.S. Fifth Circuit Court of Appeals that sent the damages litigation involving Chevron USA, Exxon Mobil Corp. and several other energy companies back to state courts.
One of those coastal erosion lawsuits is now scheduled to get under way in Cameron Parish on Nov. 27. But even with the prospect of the lawsuits being tried in state courts, the companies plan to aggressively defend themselves against the parishes’ allegations that the energy companies are liable for decades of environmental degradation due to oil and gas production activities.
“"The companies maintain these legal cases deserve to be heard in a federal forum but are fully prepared to vigorously defend the Louisiana energy industry against these unfounded allegations, no matter the venue,” Jason Harbison, spokesman for the energy companies’ legal team, told the Louisiana Record in an email. “Their commitment to upholding the integrity of the industry and protecting its contributions to the state, local communities and national economy is unwavering.”
The energy companies have argued that they worked hand in hand with federal officials during World War II to ensure crude oil and other energy resources along the Gulf Coast were produced in adequate quantities to win the war. Such federally directed activities should be reviewed in federal court, they argued.
In an amicus brief filed with the U.S. Supreme Court, retired Gen. Richard B. Myers and retired Adm. Michael G. Mullen argued that oil industry cooperation with military objectives in the war was key to the nation’s survival.
“We can personally attest that petroleum products by companies like the petitioners, including those produced from activities in the Louisiana coastal zone, have been critical to national security, military preparedness and combat missions,” the amicus brief stated.
The brief also takes aim at the parishes’ motives in advancing the lawsuits, which seek billions of dollars in environmental damages.
“We believe that allowing state-court actions seeking to vindicate particular local interests – without providing adequate protections for those acting under federal officers – will undermine Congress’s judgment that it is in the national interest to litigate such claims in federal court,” the brief says.
Harbison called the litigation unprecedented.
“The energy industry continues to play a primary role in supporting Louisiana's economy and remains a key player in realizing the state's Coastal Master Plan – with the most active restoration and protection projects under way in the history of Louisiana,” he said.
The coastal erosion litigation has also emerged as an issue in this year’s gubernatorial race, with state Sen. Sharon Hewitt pledging to put an end to the lawsuits. That position differs from the actions of Attorney General Jeff Landry, also a candidate for governor, who supported a $100 million erosion settlement with the energy firm Freeport-McMoRan.