Lawyers for dozens of oil, gas and pipeline companies asked a federal judge today to toss out a Louisiana flood board’s lawsuit against them over alleged damage drilling and dredging has done to Louisiana’s fragile coast.
The Associated Press reports U.S. District Judge Nanette Jolivette Brown heard more than two hours of arguments on multiple issues, including the energy companies’ contention that the lawsuit seeks relief from the court that should be left to regulatory agencies, and that a new state law that the industry pushed through the Legislature during the summer effectively kills the lawsuit retroactively.
Brown did not say when she would rule but told attorneys she did not expect to have a formal written ruling before Dec. 10, when still more arguments on the case are scheduled. The lawsuit was filed last year by the Southeast Louisiana Flood Protection Authority–East, created after Hurricane Katrina to oversee levee boards in the New Orleans area. The suit contends that coastal drilling and dredging have contributed to the loss of coastal wetlands that protect New Orleans from hurricanes.
Arguing for energy companies, Chevron attorney Robert Meadows cited the U.S. Rivers and Harbors Act and the Clean Water Act as he argued that federal law does not allow the Louisiana flood board to pursue the lawsuit. The flood board’s attorney, Jim Swanson, countered, “There’s not a single case in the history of the world that says the Clean Water Act or the Rivers and Harbors Act pre-empts state law claims.” Read the full story.
