Act 458 takes effect in Louisiana on September 1, 2027. After that date, new Legacy litigation claims must follow stricter rules. Landowners who wait to file after that date will lose the stronger rights they have today. If old oil and gas operations occurred on your land, you need to act now. Speak with a Legacy litigation attorney about filing a claim long before the deadline to preserve your full cleanup rights under the current law.
How Legacy Litigation Is Changing
Legacy litigation lets property owners hold past operators accountable for contamination from old oil & gas pits, waste, pipelines, and wells. Any landowner whose property suffered soil or groundwater damage may qualify. Common claims include soil cleanup, water treatment, loss of land use, and property value loss.
Under the current law, Act 312, courts supervise cleanup plans and decide what remediation a landowner needs. Judges rely on expert testimony and choose the best plan by “preponderance of the evidence.” This gives landowners more influence over both the scope and speed of cleanup.
Act 458 will change the way landowners pursue Legacy claims in many different ways. It shifts cleanup control to a state agency, caps some damages, and makes landowners carry more costs.
Shift of Cleanup Authority
Act 458 moves cleanup decisions from courts to the Louisiana Department of Energy and Conservation. The agency can approve “risk-based cleanup,” allowing some contamination to remain on your property, if it deems the risk low. This means that landowners may have less say in how thoroughly their land gets cleaned.
Higher Proof Standard
The law raises the proof standard to “clear and convincing evidence” when a landowner challenges the agency’s plan. This higher bar makes it harder to overturn a state-approved cleanup. Under Act 458, landowners must plan for lower recoveries in these categories.
Damages Caps
Act 458 caps non-remediation damages, such as loss of use, at three times the property’s fair market surface value. Under Act 312, courts can award higher or uncapped damages. Landowners must now plan for lower recoveries in these categories.
Economic losses, such as lost farming income or rental revenue, also fall under the cap. Imagine a farm can’t grow crops for years; those damages count toward the three-times limit. That cap can shrink payouts that once covered long-term business losses.
Fee-Shifting Provisions
Under the new law, a responsible party stops paying a landowner’s attorney and expert fees once the agency’s cleanup plan is adopted. That change alters the contingency model, so attorneys can no longer rely on fee awards to cover their costs after plan approval.
Act 458 also adds a “loser pays” feature, where if a landowner’s claim fails, the defendant can recover reasonable attorney and expert fees, which could discourage landowners from filing claims.
What Landowners & Legacy Litigation Attorneys Should Do
Any claim filed on or before September 1, 2027 will follow the more favorable Act 312 rules. To preserve your full remediation and damage rights, file early. A Legacy litigation attorney can handle notices, paperwork, and agency filings to lock in your current rights.
Next Steps for Louisiana Landowners
Time is short, and it can take months to prepare a Legacy litigation case. Speak with an attorney now about filing before September 1, 2027 to keep the current advantages of Act 312. Contact Talbot, Carmouche & Marcello today for a free case evaluation. Our Legacy litigation attorneys stand ready to protect your land, your rights, and your future.