LOGA And LMOGA Applaud Court of Appeals’ Decision to Affirm the Dismissal of Coastal Lawsuit

04 13, 2017 by Louisiana Record

The Louisiana Oil and Gas Association (LOGA) and the Louisiana Mid-Continent Oil and Gas Association (LMOGA) released the following statements upon receiving notification that the United States Fifth District Court of Appeals denied the plaintiffs' petition for a re-hearing of the Southeast Louisiana Flood Protection Authority-East’s (SLFPA-E) lawsuit against oil and gas companies alleging damages to coastal land.

At this point, plaintiffs have exhausted all avenues of litigation, except through the U.S. Supreme Court.

“We are pleased with the panel's decision to uphold the US district court decision to do away with the SLFPA-E lawsuit. These frivolous lawsuits have contributed to the litigious hellhole we now find our state in.” said Don Briggs, President of LOGA. “This action throws cold water on current litigation against Louisiana's oil and gas industry.”

“This is just another example affirming our position. As we've said from the beginning, these claims are meritless. After countless encounters with lawsuit proponents, I am gratified to see their options at the Fifth Circuit are finished,” said Chris John, President of LMOGA.

In July of 2013, the Board of Commissioners of SLFPA-E filed a lawsuit in Louisiana state court against 97 exploration and production oil and gas companies. The lawsuit alleged that the oil and gas companies’ activities had damaged coastal lands and that they also “increased the risk of flooding due to storm surges and necessitated costly flood protection measures.”

The district concluded that on all of the Board’s claims, none of the Board’s stated grounds for relief constituted a claim under state law. The Board then appealed. On March 3rd, 2017 the United States Fifth District Court of Appeals affirmed the district court’s dismissal of the Board’s claim.