In Louisiana, Legacy cases involve legal claims by landowners against oil and gas companies. Over decades, historic oilfield work left pits, pipelines, and wells that let toxic fluids seep into soil and water. Legacy litigation lets property owners seek cleanup and damages for that contamination.
Historic Oil & Gas Operations: The Source of Contamination
Without modern safeguards in these industries, many historic sites released toxic fluids directly into soil and water. Drillers pumped up saltwater, or “produced water,” and dumped it in earthen pits. These pits often lacked liners, letting chlorides and heavy metals soak into the ground. Pipelines carrying oil and gas were also left to rust and leak over time. Abandoned wells, if not sealed properly, allowed chemicals to travel under the surface and taint groundwater. Over years, these practices created contamination zones across the state, hurting landowners’ health, water use, and land value.
Common Chemical Contaminants from Historic Oil & Gas Operations
Understanding the different chemicals that typically pollute soil and water helps landowners and their Legacy litigation attorney pinpoint risks and build a strong case for property remediation.
BTEX Compounds (Benzene, Toluene, Ethylbenzene, Xylene)
During routine drilling and production in the mid-1900s, oil companies often stored crude oil and waste fluids in unlined earthen pits. Over time, rain and floods washed BTEX chemicals, or benzene, toluene, ethylbenzene and xylene, into nearby soil and groundwater. Because BTEX dissolves easily in water, these chemicals can travel far from the original spill site, moving with underground flows. Even decades later, landowners who rely on shallow wells can find BTEX at levels that threaten health and force them to switch to bottled water.
Benzene is a known carcinogen that can lead to leukemia and blood disorders, while toluene and xylene can attack the brain and nervous system, causing headaches, dizziness and memory loss. Ethylbenzene can irritate the eyes and lungs, and in large doses may harm the kidneys.
Chlorides from Saltwater Spills
“Produced water” is the salt-rich fluid that comes up alongside oil and gas. In Louisiana’s early oilfields, operators often dumped produced water into open pits or onto pasture. That waste fluid contained high concentrations of chloride. Chloride salts leach down into soil, killing grasses, crops and trees by drawing water away from roots. When chloride reaches groundwater, it gives wells a brackish taste and corrodes plumbing. Over time, salt stains and dead vegetation create lasting scars on farmland and reduce land value.
Heavy Metals (Arsenic & Barium)
Drillers added barite, or barium sulfate, to drilling mud to control well pressure. That heavy-mud mixture often spilled or was dumped into pits, releasing barium into surrounding soil. Barium can dissolve in water and drift into groundwater, where high levels can cause muscle weakness, heart rhythm problems and gastrointestinal distress in people and livestock.
Arsenic, a naturally occurring metal in some rock layers, can mobilize when pits and leaks disturb shale formations. Long-term exposure to arsenic may cause skin lesions, diabetes and cancers of the skin, bladder and lungs. In many legacy sites, soil tests show arsenic levels well above safe limits, forcing landowners to fence off contaminated fields or import clean fill.
Other Drilling-Mud Additives
Beyond barite, drilling muds commonly included surfactants, wetting agents, fluid loss reducers and biocides to keep cuttings suspended and prevent bacteria in the well. Historic spills of these fluids left residues that coat soil particles, clog root pores and muddy nearby creeks. Surfactants can break cell walls of plants, inhibiting germination and growth. Biocides and heavy organics can persist in soil for decades, harming earthworms and beneficial microbes that keep land healthy. Clean-up of these mixed-chemical muds often requires costly excavation or in-place treatment, and landowners must test repeatedly to prove soils are safe again.
Naturally Occurring Radioactive Material (Radium Isotopes)
Produced water often concentrates radium-226 and radium-228, two radioactive decay products found in deep rock. When those fluids were dumped in pits or spread on the surface, the water eventually evaporated and left radium-laden sediment. Over time, rain and wind spread radioactive particles through soil, where low-level radiation can persist.
Cleanup is complex, as radioactive waste must be handled under strict safety rules and sent to licensed disposal sites. Landowners face both environmental and regulatory hurdles to restore these areas to safe, usable farmland.
How a Legacy Litigation Attorney Helps
A Legacy litigation attorney guides landowners through complex laws and science. They assess risks, file claims, and work to secure a cleanup plan and fair compensation. With firm deadlines and new rules on the way, having an experienced Legacy attorney can make all the difference.
Coordinating Environmental Testing & Expert Witnesses
Soil and water tests are needed to flag the presence of chemical contamination. Your attorney works with geologists and toxicologists to map contamination and prove who’s at fault. Early testing and expert work can show you have a valid claim and help you set cleanup goals.
Building Your Case: Mapping Contamination to Historic Operations
Your attorney will work to link that evidence of chemical contamination to old oilfield practices. They’ll gather well logs, lease agreements, drilling maps, and dated pit locations. That paper trail can tie contamination to specific companies.
Negotiating Settlements vs. Taking Cases to Court
Many Legacy cases settle out of court once companies see strong evidence. If talks fail, your attorney stands ready to try your case before a judge or jury.
Importance of Filing Before Deadlines
To proceed under current law, Act 312, landowners must file claims before the new law takes effect on September 1, 2027. Attorneys know that it can take a substantial amount of time to conduct testing and prepare Legacy claims. Waiting to consult with an attorney may leave you stuck with stricter rules, capped damages, and less say in cleanup plans.
Talbot, Carmouche & Marcello Can Guide Your Legacy Litigation
Our attorneys combine deep experience in environmental law with proven success in Legacy cases. We stand by Louisiana landowners and work to secure the cleanup you need and deserve.
The law is changing, so don’t wait. Contact Talbot, Carmouche & Marcello for a free consultation. We’ll review your property history, explain your rights, and help you file your claim before it’s too late.