Last month, the American Tort Reform Foundation (ATRF) named Louisiana to its annual list of “Judicial Hellholes,” according to a report at houmatoday.com. The reason for the dubious honor, according to the ATRF, is because of our state’s legacy lawsuits, which allow property owners to sue oil companies for polluting their land.
When someone leases their land to an oil company, that person can file a suit against the oil company for environmental remediation measures. That remedy has created a “cottage industry” for plaintiffs’ lawyers, according to the ATRF. The legacy lawsuits lend to the culture of frivolous lawsuits, said an ATRF spokesperson.
Environmental experts, however, point out that oil production has resulted in contamination and saltwater intrusion on the plaintiffs’ property. The contamination and damage is severe and state regulators lack the funding to enforce the violations, said an environmental attorney. Pursuing the oil companies in court is the only way to get them to clean-up the environmental contamination, added the attorney.
The Environmental Protection Agency recently named Louisiana as one of the worst states for enforcing clean air, clean water and hazardous waste laws. Without proper enforcement of environmental laws, the court system is the only resort for victimized property owners.
Harrell & Nowak L.L.C. – New Orleans injury attorneys