Navigating a Legacy lawsuit can feel overwhelming, especially when you encounter technical and legal phrases. This glossary breaks down key Legacy terms in clear, simple language. Use it to understand your rights, ask the right questions, and make confident decisions about your land.
Legal & Procedural Terms
In this section, we explain the core terms your attorney and the court will use. Landowners should understand these definitions to follow your case with confidence, ask clear questions, and protect your rights under Louisiana law.
Legacy Litigation
A lawsuit by a landowner against oil and gas companies to force cleanup and seek damages for historical contamination to soil or groundwater.
Act 312 (La. R.S. 30:29)
The current Louisiana law that lets landowners sue for full remediation of historic oilfield contamination.
Act 458 (Effective Sept. 1, 2027)
The new Louisiana law that shifts cleanup decisions from courts to the state agency, raises proof standards and caps certain damages.
Preponderance of Evidence
This is the standard of proof under Act 312 where landowners must prove their claim is more likely true than not. This is a better standard for landowners.
Clear and Convincing Evidence
A higher proof standard under Act 458 means that landowners must prove contamination and harm with strong and credible evidence.
Cleanup Plan
A detailed proposal for how to remove or contain contamination, submitted by the landowner or the responsible party.
Risk-Based Cleanup
A standard allowing some contamination to remain on-site if it poses minimal risk to human health or the environment.
Remediation
The process of removing or treating soil, water, and other materials to eliminate contamination from oilfield operations. Remediation restores land to safe, usable condition under a court-approved or state-approved cleanup plan.
Cap on Damages
Under Act 458, non-remediation damages, including loss of property use, cannot exceed three times the property’s surface value.
Environmental & Technical Terms
Legacy litigation cases hinge on specialized environmental and engineering concepts that can seem complex at first. Understanding these terms will help you grasp how contamination happens, how experts measure and manage it, and why certain cleanup methods are chosen.
Long-Term Monitoring
Post-remediation testing and reporting to ensure residual contamination stays below risk-based standards.
NORM (Naturally Occurring Radioactive Material)
Radioactive substances found in produced water and drilling muds that may require special handling and cleanup.
Orphan Well
An abandoned oil or gas well whose operator is defunct or insolvent, leaving the state or landowner to address cleanup.
Phase I Environmental Site Assessment (ESA)
A preliminary report on a property’s history and potential for contamination, often required before buying or selling land with past oil-field use.
Phase II Environmental Site Assessment
Testing and sampling of soil and groundwater to confirm contamination and measure its extent.
Produced Water
Saltwater byproduct from oil and gas wells, often high in chlorides, heavy metals, and naturally occurring radioactive materials.
Unlined Earthen Pit
A soil pit used decades ago to dispose of produced water and drilling mud, often the source of soil and groundwater contamination.
Other Litigation & Strategy Terms
Legacy cases involve more than just cleanup plans and science; they also hinge on legal tactics and court strategy. In this section, we define key strategy terms to help you follow each procedural move, weigh risks, and work with your attorney to craft a strong, confident plan for your case.
Chain of Title
The history of land ownership and leases, used to trace which operator caused contamination.
Coastal Land Loss Litigation
A subset of Legacy cases by coastal parishes seeking compensation for wetland loss linked to oilfield canals, tested under constitutional law.
Environmental Justice
A principle and legal focus on fair treatment of all communities, highlighting cases where contamination disproportionately affects low-income or minority landowners.
Loser-Pays Fee Shifting
Under Act 458, a defendant who wins may recover reasonable attorney fees from the losing landowner.
Orphan Site
A contaminated property whose responsible party is defunct or unknown, leaving the state or landowner to address cleanup.
Parish-Specific Patterns
Observed differences in settlement values and success rates across Louisiana parishes, often tied to industrial corridor vs. rural areas.
Parish-wide or Multi-Parish Litigation
Cases where multiple landowners or a local government combine claims against oil companies for contamination or coastal damage.
Potentially Responsible Party (PRP)
Any person or company that may be legally liable for cleanup costs under Act 312 or other laws.
Statute of Limitations (Also known as “Prescription”)
The legal deadline by which a landowner must file suit or forfeit the right to claim for contamination from past operations.
Voluntary Administrative Proceeding (ADR)
An optional, non-court process under Act 458 where both sides may agree to let the state agency handle cleanup disputes.
Working with Talbot, Carmouche & Marcello
Our team at Talbot, Carmouche & Marcello will serve as your trusted partner and put your land and your family first. We draw on decades of experience and a vast network of experts to guide you through every step of the Legacy litigation process.
We move swiftly to protect your rights under the current law, and we fight relentlessly to secure full cleanup and fair compensation. Along the way, we keep you informed in clear, straightforward language and stand by you with compassion and respect. Contact us today for a free consultation.