La. Appeals Court Vacates Order Sending Claim to Environmental Agency

LAKE CHARLES, La. - A Louisiana appellate court has reinstated a property owner's environmental claims against oil drilling tenants, saying that a trial court misinterpreted a state statute in declining jurisdiction and referring the dispute to state environmental officials. Duhon v. Petro "E" LLC, et al., No. 09-1150 c/w 09-1473 (La. Ct. App., 3rd Cir.).

The Louisiana Third Circuit Court of Appeal said in its April 7 opinion that the Louisiana law governing the remediation of oil production sites ("Act 312") "does not divest the district court of original jurisdiction. . . ."

In so ruling, the court quoted the …