Legacy litigation allows Louisiana landowners to hold oil and gas operators accountable for pollution left behind by historic drilling and production. Many historic oilfields used unlined waste pits, abandoned wells, and corroded pipelines that leaked saltwater, hydrocarbons, and heavy metals into soil and groundwater.
When left unchecked, this pollution can drive down land value, contaminate drinking water, harm crops or livestock, and make your property unsellable. A Legacy claim seeks to recover the full cost of testing, cleanup, and restoration so your property can return to safe, usable condition.
The law that dictates Legacy litigation in Louisiana is set to change on September 1, 2027. These cases can be complex and take months to prepare, so it’s important to consult with an attorney long before this deadline. In this blog, we’ll help you understand the extent of the Legacy litigation process and the necessity of acting quickly.
Initial Consultation with Your Legacy Litigation Attorney
When you first meet with your Legacy litigation attorney, you’ll walk through the history of your property in detail. The attorney will ask about past oil and gas activities, and any visible pits or equipment. Your attorney will also discuss any testing and site assessments that may be required. This review sets the stage for understanding the scope of possible contamination and guides the next steps in your claim.
Your attorney will outline a timetable for filing your claim before the 2027 deadline. Your attorney will explain estimated timeframes for investigation, testing, and court filings. By the end of this meeting, you should have a clear plan for moving forward without any upfront expense.
Investigating Historic Oil & Gas Operations
Your attorney will trace which operators held leases on your land over the years. By reviewing title documents, they identify all past companies and successors who may bear responsibility. They’ll also gather documents to trace how oil and gas operators used your land across the decades. This includes drilling logs, lease agreements, and maps of pits or pipelines.
They may also pull regulatory filings and enforcement reports from state agencies. These records often reveal when companies dumped produced water or drilling mud in unlined pits and help pinpoint likely contamination sources.
Interviewing Witnesses
If available, the attorney will speak with people who know your land’s history, which may include longtime neighbors, former oilfield workers, and local landmen. These conversations can uncover undocumented spills or rumors of leaks. Every firsthand account helps build a fuller picture of past operations and supports your case by adding human testimony to scientific data.
Mapping Contamination Areas
Using site records and witness accounts, your attorney will map where waste pits, pipelines, and storage areas once sat. This map guides soil and water sampling and shows both you and the court exactly which parts of your property may need cleanup. Clear mapping also helps explain the contamination pattern in plain terms for judges, juries, and regulators.
Hiring Experts & Collecting Evidence
Your attorney may also bring in experts, including geologists to study soil layers, hydrologists to study groundwater, and toxicologists to interpret test results. These specialists know how to spot dangerous chemicals like chlorides, heavy metals, and hydrocarbons. Their credentials and impartial reports carry weight in settling disputes or in court.
Documenting Contamination
Experts will photograph visible damage, use drones for aerial imagery, and keep detailed field notes on pit conditions, vegetation die-off, or soil discoloration. This evidence forms a visual record of contamination, making it easier for a judge or opponent to see the harm. Modern imagery often shows changes over time, reinforcing the need for cleanup.
Testing Soil & Water Samples
Experts will visit your property to mark precise sample points, often near old pits, wellheads, or low-lying areas where waste may have pooled. A careful inspection ensures samples come from the most suspect spots, increasing the strength of your case.
Each sample goes into sealed containers and is cataloged by location. Consistent, reliable sampling is key to proving the extent of contamination. All soil and water samples go to an accredited lab for chemical analysis. The experts then prepare a report showing concentration levels, comparisons to state health standards, and maps of contaminated zones. This report becomes a central piece of evidence in negotiations or litigation.
Building Your Legacy Litigation Claim
Working with those environmental experts, your attorney drafts a detailed cleanup proposal. The plan spells out steps like excavating pits, replacing or treating soil, and monitoring groundwater until it meets safe standards. Courts favor well-researched plans that balance thorough remediation with practical cost estimates.
Calculating Damages
Your attorney adds up the full cost of cleanup work, plus damages for loss of land use, property value decline, and any health or business interruptions. This damage estimate draws on expert cost projections and real estate appraisals. A complete damage calculation ensures you seek the compensation needed to restore your land.
Drafting Legal Documents
Finally, your attorney drafts the formal complaint, attaches expert reports and exhibits, and secures affidavits from witnesses. This package lays out your legal claim, including who did what, how the contamination occurred, and how much it will cost to fix.
Notifying Agencies & Opposing Parties
Under Act 312, your attorney must notify both the Department of Natural Resources and the state Attorney General before filing. These notices include a summary of your claims, cleanup plan outline, and damage estimates. Timely notice preserves your right to proceed in court.
Your attorney then officially serves each named operator and their insurers with your lawsuit. Service documents include the complaint, the proposed cleanup plan, and the expert reports. Proper service ensures every potentially liable party has a chance to respond and participate.
Negotiation, Mediation, or Trial
Armed with strong expert evidence, your attorney leads settlement discussions. Defendants often prefer funding cleanup rather than risking a higher verdict. Negotiations focus on ensuring the cleanup plan is fully funded and implemented.
If direct talks stall, your attorney may opt for an administrative review or mediation. These processes, sometimes held before the state agency, can speed resolution and reduce legal costs. Your attorney guides you through these voluntary options to find the best path to cleanup.
Should negotiations fail, your attorney prepares for trial by finalizing expert witness lists, creating clear visual exhibits, and honing direct and cross-examination strategies. Thorough trial prep maximizes your chance of a favorable verdict ordering full remediation and damages.
Post-Case Support & Monitoring
Once a cleanup plan is approved, your attorney helps to ensure work follows the court-ordered plan. They review progress reports and address any shortcuts or errors in remediation.
Many remediation plans require periodic soil or water tests for years after cleanup. Your attorney coordinates ongoing testing and reports results to the court and regulators. Long-term monitoring protects you from recontamination and ensures lasting safety.
Addressing Disputes
If defendants or contractors resist parts of the cleanup or delay work, your attorney handles enforcement actions or contempt filings. They keep your project on track by pressing for compliance under the court’s authority.
Why Hire a Legacy Litigation Attorney?
An experienced Legacy litigation attorney knows the patterns and practices of past drilling, and that knowledge helps to build a strong, targeted claim. They’ll also have access to an expansive network of geologists, hydrologists, toxicologists, and land-use experts, as well as the financial resources to advance costly testing and studies.
An attorney will fight to protect your property, your health, and your financial interests. They use Act 312’s landowner-friendly rules to pursue full cleanup and fair compensation. With the right attorney on your side, you gain both powerful advocacy and peace of mind.
With Talbot, Carmouche & Marcello’s deep roots in the community, proven trial experience, and relentless drive to hold polluters accountable, we help you protect your property, your health, and your family’s future. Give us a call today to schedule a free consultation.