In 2003, the Louisiana Supreme Court rendered its landmark decision in
Corbello, et al. v. Iowa Production, et al. Since then, Louisiana courts have seen a steady stream of “legacy litigation” claims being filed. Legacy litigation claims generally concern alleged contamination arising from historic oil and gas operations under theories of both breach of contract and tort. Recently, those typical types of claims have been supplemented in some legacy litigation cases with citizen suit allegations based on the Louisiana Environmental Quality Act.
The Louisiana Environmental Quality Act, Louisiana Revised Statute §§ 30:2001
et seq., was originally enacted as the Louisiana Environmental Affairs Act which became effective on January 1, 1980. In 1983, the Louisiana Legislature created the Louisiana Department of Environmental Quality and renamed the Louisiana Environmental Affairs Act as the Louisiana Environmental Quality Act. The purpose of the Louisiana Environmental Quality Act is twofold. The first purpose is to maintain a healthful and safe environment in Louisiana through governmental regulation and control over the areas of water quality, air quality, solid and hazardous waste, scenic rivers and streams, and radiation. The second is to provide comprehensive policies on a statewide basis to unify, coordinate, and implement programs to provide for the most advantageous use of the resources of the state and to preserve, protect, and enhance the quality of the environment in Louisiana. Today, the Louisiana Environmental Quality Act contains hundreds of provisions which address the areas identified above and numerous regulations promulgated under those various provisions.