Environmental Law: Groundwater Contamination; Legacy Litigation; Louisiana

摘要

Plaintiffs allege lessee Exxon knowingly disposed of oilfield wastes, contaminating the soil and groundwater. Plaintiffs claims are in tort and breach of contract including: negligence under La. C.C. art. 2315; strict liability under La. C.C. arts. 667, 2317 and 2322; continuing nuisance and trespass; breach of oil, gas and mineral leases; breach of the Mineral Code; breach of the obligation to restore the property to its original condition under La. C.C. arts. 2719 and 2720; punitive damages under La. C.C. art. 2315.3; injunctive relief; and liability under La. C.C. art. 486 for fruits of continuing trespass and unjust enrichment. The defendant resist liability based on the claims having prescribed. The trial court rules for the plaintiffs, awarding them $14,000,891 in compensatory damages, an equal amount in punitive damages, and terminating the surface lease agreement. The trial court rejects the defense of prescription, finding the doctrine of contra non valentem to be applicable to suspend the running of prescription.