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Boustany Introduces Legislation to Protect Louisiana Oil and Gas Against Legacy Lawsuits

(Lafayette, LA) – Dr. Charles Boustany (R-Lafayette) issued the following statement after introducing the Ending Legacy Lawsuit Abuse Act, which will prevent trial lawyers from venue-shopping for legacy lawsuit litigation.

Boustany said: “The oil and gas industry is suffering from difficult market conditions and regulatory overreach by the Administration. Many Louisiana workers have lost their jobs. Endless litigation is not the answer.”

Gifford Briggs, Vice President, Louisiana Oil and Gas Association, said: Congressman Boustany's bill is intended to recognize the original intent of the Coastal Management Act of 1972. One of Congress' stated purposes for passing the CZMA was to promote our nation's energy independence through responsible domestic energy production while balancing the nation's interest in protecting our country's wetlands. Both of these national interests are jeopardized by state and local lawsuits prosecuted in local venues under the guise of state and local coastal management programs. Our federal court system was created in large part to insure that the interests of our nation are not discarded in favor of local politics and financial gains at the expense of our national resources.”

A legacy lawsuit refers to a lawsuit by a landowner claiming that oil and gas operations caused a property to become polluted and contaminated. These suits often name every oil and gas operator who ever worked at the site as defendants, often going back decades. Legislation was enacted to balance the rights of landowners with the requirement to clean up sites, however, some plaintiff lawyers circumvent these laws by venue-shopping in order to file claims in districts that are more friendly to legacy lawsuits. This results in many companies being forced to decide between an expensive settlement or enduring a lengthy trial process that hinders the company's ability to address cleanup. Dr. Boustany’s bill will require any action filed in a state court that involves a claim of environmental contamination that impacts any waters of the United States to be heard in the district in which the civil action is pending. 

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