At Talbot, Carmouche & Marcello, we’ve seen firsthand how Louisiana’s oil and gas history has left lasting impacts on families and landowners across the state. For generations, operators drilled, produced, and transported energy resources that fueled economic growth. Too often, land and groundwater was contaminated and not restored as promised. Abandoned pits, saltwater contamination, and other oilfield waste have reduced property values, created health and safety concerns, and jeopardized the ability to pass property down to future generations.
That’s why Louisiana law gives landowners important rights. Over the past two decades, courts and legislators have maintained a framework for holding oil companies accountable and ensuring contaminated property is remediated. As attorneys who have represented landowners in Legacy litigation for decades, we believe it’s critical for landowners to understand how these protections work and how they’re set to change in the near future.
The Legacy Litigation Framework
Louisiana has developed a unique system for handling land contamination claims. Two milestones shaped this framework.
Act 312 of 2006
In response to industry pressure and rising lawsuits, the legislature passed Act 312. This law requires that when a landowner files an environmental damage lawsuit, the Department of Energy and Natural Resources (DNR) and the Attorney General are notified. Their involvement ensures oversight, prevents quick settlements that don’t address the real damage, and provides a process for court-approved cleanup plans.
The Corbello Decision
Three years earlier, in Corbello v. Iowa Production Co., the Louisiana Supreme Court confirmed that oil companies must honor their lease obligations to restore property, even if the cleanup costs exceed the land’s market value. This landmark ruling empowered landowners to demand full remediation, making it clear that contracts with operators cannot be ignored.
Together, Act 312 and Corbello form the foundation of today’s landowner protections.
Right to Full Remediation
One of the strongest rights Louisiana landowners have is the right to demand that their property be cleaned up, not just compensated for its lost value.
Court-Approved Cleanup Plans
When contamination is confirmed and liability is established, both sides may submit remediation plans, often supported by environmental experts such as hydrologists, soil scientists, and engineers. DNR then selects one of the submitted plans or they can come up with a compromise plan. The court, with input from DNR and the parties, evaluates these plans to determine which plan to adopt.
Selecting the Best Plan
If landowners and oil companies propose competing plans, the court decides which one is most appropriate. The guiding principle is that remediation should be meaningful—not just cosmetic—and restore property to a safe and usable state.
Recoverable Damages and Compensation
In addition to cleanup, Louisiana law allows landowners to recover financial damages.
What Landowners Can Recover
- Cleanup costs: To restore land to its intended use as required by lease obligations and state standards.
- Loss-of-use damages: For being unable to farm, lease, or otherwise benefit from property while it is contaminated.
- Property value loss: For any permanent reduction in market value caused by pollution.
Limits on Damages
While courts have affirmed the right to significant recovery, subsequent legislation has capped some non-remediation damages. The intent is to keep awards tied to environmental cleanup. Still, landowners have powerful tools to secure both cleanup and fair compensation.
Procedural Protections for Landowners
Louisiana law doesn’t just set out remedies; it also establishes procedures to protect landowners.
Oversight and Notice Requirements
Under Act 312, lawsuits must be reported to the DNR and the Attorney General. This ensures the state has oversight and prevents oil companies from sidestepping responsibility through private settlements that fail to require cleanup.
Time is Running Out
Landowners now have until September 1, 2027 to file claims with the rights and remedies currently provided under Act 312. Acting quickly is crucial—waiting too long risks losing the right to recover.
Impact of Act 458 (Effective Sept. 1, 2027)
A new law, Act 458, will dramatically change Legacy litigation starting September 1, 2027. Compared with Act 312, the proposed changes will limit a landowner’s ability to influence cleanup plans and recover compensation.
A Higher Burden of Proof
Currently, landowners must show contamination by a “preponderance of the evidence,” meaning it is more likely than not that pollution exists. Act 458 raises the burden of proof to “clear and convincing evidence”, a much tougher standard that makes cases harder to prove.
Risk-Based Standards
Rather than requiring full restoration, Act 458 allows agencies to adopt risk-based cleanup standards. In practice, this could mean leaving contamination in place if the government believe it poses minimal risk to human health, even though property value and usability may remain compromised.
Caps and Cost Shifting
The new law introduces tighter damage caps which means landowners could recover far less than currently allowed. This allows operators to recover post-cleanup monitoring costs from landowners in certain situations. These provisions make it harder for property owners to secure fair outcomes.
Strategies to Preserve Your Rights
With Act 458 looming, it’s more important than ever to act quickly. Here are steps landowners can take now.
Early Environmental Screening
If old oil and gas operations took place on your property, call an attorney who can evaluate your case and set up professional soil and water testing. This evidence provides the foundation for a legal claim and helps ensure timely action.
Work with Experienced Counsel
Legacy litigation requires deep experience with environmental science, lease law, and oilfield operations. At Talbot, Carmouche & Marcello, we have decades of experience representing landowners, and we work on a contingency basis, so clients pay no fees unless we recover compensation.
Consider Alternative Dispute Resolution
While trials are sometimes necessary, mediation or arbitration can provide faster and sometimes more cost-effective paths to meaningful cleanup. We evaluate all options to achieve the best results for our clients.
Moving Forward with Legacy Litigation
Louisiana law has long recognized that landowners deserve more than empty promises when it comes to oilfield cleanup. Thanks to Act 312 and the Corbello decision, landowners today have the right to demand full remediation and fair compensation for damages.These rights are set to narrow dramatically when Act 458 takes effect on September 1, 2027. A higher burden of proof, weaker cleanup standards, and capped damages will all make recovery more difficult.
That’s why now is the time to act. If old oil and gas operations took place on your property, don’t wait. Protect your land, your investment, and your family’s legacy.
Contact Talbot, Carmouche & Marcello for a free claim review. We’ll help you understand your rights, evaluate your options, and fight to make sure your land is cleaned and your voice is heard before the law changes. For your free consultation, contact Talbot, Carmouche & Marcello.