The Parish of Plaquemines has filed a consolidated complaint against multiple oil and gas companies, including Rozel Operating Company, ConocoPhillips Company, and Exxon Mobil Corporation. The complaint was filed by the Parish of Plaquemines in the Court of Appeal, Fourth Circuit, State of Louisiana on May 22, 2024.
The case revolves around allegations that these companies' oil production activities have significantly contributed to the rapid loss of Louisiana's coastal wetlands. The plaintiffs claim that these activities have violated the Louisiana State and Local Coastal Resources Management Act of 1978 (SLCRMA), which regulates conduct within the Coastal Zone of Louisiana through a permitting system. According to the complaint, "Plaintiffs sue for violation of Louisiana’s State and Local Coastal Resources Management Act of 1978." The SLCRMA provides a cause of action against companies that violate or fail to obtain permits for their activities within this zone.
The plaintiffs initially filed twenty-one separate petitions for damages on November 8, 2013. These petitions were made on behalf of both the Parish itself and the State of Louisiana. Subsequently, the State intervened in this litigation as plaintiffs through various state agencies including the Attorney General's office and the Department of Natural Resources. Throughout 2017, defendant oil and gas companies filed motions to change venue from Plaquemines Parish, arguing that local residents had financial and personal interests in the outcome which would prevent an impartial jury from being seated.
On March 19, 2018, Judge Michael D. Clement denied these motions to change venue while granting a motion in limine to exclude testimony from Tom Goldstein, a professor who analyzed media coverage related to coastal erosion in Plaquemines Parish. Goldstein's affidavit suggested that extensive media coverage had influenced public opinion about coastal erosion; however, he admitted during deposition that he did not interview any local residents or scientifically analyze their opinions about the lawsuit.
The defendants argued that proceeding with litigation in Plaquemines Parish would violate their due process rights to a fair trial before an impartial jury. They cited cases like Caperton v. A.T. Massey Coal Co., emphasizing that due process does not require proof of actual bias but rather a serious risk thereof. However, Judge Clement ruled that there was insufficient evidence showing community-wide partiality against oil and gas companies.
The plaintiffs are seeking damages for violations under SLCRMA as well as injunctive relief requiring defendants to restore damaged coastal areas. They argue that oil production activities have caused significant environmental harm resulting in economic losses for local communities.
Counsel representing various parties include Donald T. Carmouche from Talbot Carmouche & Marcello for respondents/plaintiffs; Kelly Brechtel Becker from Liskow & Lewis for relators/defendants; and J. Blake Canfield from Taylor Porter Brooks & Phillips LLP among others.
Judge Nakisha Ervin-Knott along with Judges Paula A Brown and Dale N Atkins composed part of the court panel overseeing this case under Case ID No: 2018-C-0346 consolidated with Nos: 2018-C-0348 through 2018-C-0350.