In Louisiana, many landowners discover hidden land or groundwater pollution from historic oil and gas operations that directly impact their land’s value. Legacy litigation gives them a path to hold those operators responsible and recover the full cost of cleanup, lost income, and other harms. A knowledgeable Legacy litigation attorney will guide them through strict deadlines, expert testing, and court filings so you get every dollar you deserve. In this blog, we’ll break down the main types of damages commonly pursued in a Legacy litigation case.
What is Legacy Litigation?
Historic oilfield operations in Louisiana often used unlined pits and old drill sites that let saltwater, drilling mud, and other toxins seep into soil and groundwater. Over decades, these wastes can harm farmland, wetlands, and drinking water. Legacy litigation lets landowners hold oil and gas operators to account for pollution left on their property from historic oil and gas operations. With the legislation currently in effect, Act 312 of 2006, these cases help landowners seek money for cleanup and a range of losses caused by buried pits, corroded pipelines, and abandoned wells.
Environmental & Remediation Damages
In Legacy litigation cases, the primary goal is generally to cover the full cost of remediation or cleanup, removing toxins from soil and groundwater. These expenses often cover excavation, treatment systems, and safe disposal.
Landowners often need the help of experts, including engineers, geologists, and chemists to map contamination and design cleanup plans. Their fees for field tests, lab work, and reports also count as damages in Legacy cases.
After the cleanup process is complete, the land and water must stay safe. Landowners may also claim money for regular water and soil tests, site inspections, and any additional legal steps needed to keep polluters on track.
Property Value Damages
As these harmful substances contaminate land and groundwater, pollution can diminish a property’s value. In Legacy cases, landowners often seek to recover the difference between the value of their land before and after contamination.
An example of these types of damages is the loss of development or sale opportunities. If toxins scared away buyers or blocked construction, landowners might include the profit they missed on selling or developing the land as part of the total compensation they’re seeking.
Similarly, contamination can impact landowners’ mortgage and financing opportunities, as lenders can refuse loans on polluted land. In these instances, landowners are able to seek compensation for extra costs, higher interest rates, or denied financing.
Economic Loss & Lost Use Damages
For landowners that use their properties to generate income, this contamination can lead farmers to stop planting, tenants to end leases early, or other businesses to halt their operations. In such cases, the landowners can also seek to recover the income they would have otherwise earned.
Even when these cases are complete and the cleanup process begins, normal business operations might still be disrupted. So landowners may also be able to recover profits lost when operations paused for testing or remediation.
Attorney Fees & Expert Costs
A Legacy litigation attorney guides you through complex rules and deadlines, while also building your case, hiring experts, and fighting for fair compensation. Many Legacy litigation attorneys work on a contingency basis, which means you pay no fees unless your case succeeds.
As part of the case, an attorney advances the cost of surveys, lab tests, and engineer reports needed to prove the extent and source of the pollution. Landowners can recover those expenses if they win.
Legacy Litigation Damages Are Changing Soon
Under Act 458 (effective September 1, 2027), landowners who bring new legacy‐contamination suits will face much tighter limits on non‐cleanup damages and shifted costs. Some of the key changes are listed below.
- Caps or Limits on Non‐Remediation Awards: Loss-of-use and other non-cleanup related damages will max out at three times the property’s unaffected fair-market surface value. Under the current law, these awards have no firm cap.
- Monitoring & Enforcement Costs Shift to Landowners: Post-cleanup testing, monitoring and enforcement expenses are no longer recoverable from polluters and become the landowner’s responsibility.
- No Fee-Shifting After Plan Approval: Once the court approves the state agency’s cleanup plan, polluters will no longer pay for landowners’ ongoing attorney or expert fees. Those costs fall to the landowner.
The only way to preserve your right to the broader damages listed above under Act 316 is to file a Legacy claim before September 1, 2027. A Legacy litigation attorney can help you work to secure compensation, but it does take time to evaluate a case and file a claim—so don’t wait.
Working with a Legacy Litigation Attorney
If you suspect your property was contaminated by historic oil and gas operations, it’s time to find an attorney who can help. Choose a firm with experience in Louisiana Legacy litigation and strong resources for hiring experts. An attorney can help you check records for past oilfield work, waste pits, or pipeline routes. This early research helps to determine the viability of your claim.
At Talbot, Carmouche & Marcello, our Legacy litigation attorneys have the trust, experience, and resources to fight for your clean land and fair recovery. Contact us today to start your path to remediation and full compensation.