Legacy litigation currently allows Louisiana landowners to force cleanup and win damages for historic oil-field contamination on their property. But on September 1, 2027, the law will change—shifting cleanup control to a state agency, raising proof standards, capping damages, and even saddling landowners with monitoring costs. In this blog, we explain why filing your claim now under today’s more favorable rules is critical to preserving your full remediation rights and maximizing your recovery.
What is a Legacy Litigation Claim?
A Legacy litigation claim centers on court-supervised plans under Louisiana law. If a historic waste pit polluted your land, for example, you may ask the court to force a responsible party to restore your property.
The September 1, 2027 Deadline
Lawsuits filed by September 1, 2027 stay under the current Act 312. This law is more favorable to landowners and offers lower proof requirements, full-remediation authority in court, and no cap on damages. Filing before the deadline ensures landowners can lock in these more favorable rights.
If you wait until September 1, 2027, your claim faces tougher hurdles. The new law, Act 458, shifts cleanup decisions from judges to the government. It raises the proof standard to “clear and convincing evidence,” allows risk-based cleanups, and caps non-remediation damages at three times surface value. After cleanup plan approval, landowners may bear monitoring or enforcement costs.
In short, the drawbacks to the new legislation are that you and your attorney must meet a higher standard to prove your case, you may get only a partial cleanup, and non-remediation damages face strict caps. You’ll likely also wait longer for a decision while the agency finalizes its plan.
Risks of Waiting Too Long & Advantages of Acting Early
Loss of Stronger Rights Under Act 312
File now and the court retains its full authority to order the cleanup method you propose. You keep direct influence over the process. If you wait until September 1, 2027 you will lose court-based full-remediation power. The state agency gains sole authority, limiting the scope and pace of your cleanup.
Face Higher Burdens of Proof
Under Act 312, you need only show that your cleanup plan is more likely true than not. That standard makes it easier to prove your case. With the new law, you’ll need to prove facts by clear and convincing evidence, which is a far tougher standard than the current “preponderance of evidence” standard.
Caps on Damages & Cost-Shifting
Act 312 currently allows unlimited cleanup and damage awards, meaning you can pursue full restoration of land and water, plus fair compensation for lost use. Under Act 458, damages are capped at three times fair market value. After plan approval, you may pay any costs to monitor or enforce the cleanup, rather than the responsible party.
Longer Overall Timelines & Delayed Cleanup
Unraveling the many complex issues in any Legacy claim is time consuming. Under Act 458, the new timeline is likely longer, as the agency’s review delays court action. While you wait for plan approval, contamination stays in place. That potentially extends the cleanup timeline by months or years.
Steps in a Legacy Claim Take Time
Case Screening
Before filing, your attorney must review lease histories, title records, identify owners and subsequent purchasers among several other steps. They also visit the site for a quick inspection to look for pits, contamination, abandoned equipment, etc. This initial screening helps decide if you have a strong claim worth pursuing.
Environmental Testing and Expert Review
Qualified experts collect soil and groundwater samples, so laboratory results and technical reports can build the scientific proof you need in court. Depending on the size of the property, the scope of the damage and several other factors, this phase can last several months while experts memorialize detailed findings.
Notice to State Agencies
Your attorney must formally notify the Department of Natural Resources and the Attorney General of your claim. A waiting period follows before you can file suit. This step ensures agencies know about your cleanup request and may offer early input.
Drafting and Filing Your Lawsuit
Your attorney prepares a petition, gathers evidence, and attaches expert reports. Once filed, the court clerk reviews the paperwork and dockets your case. If this and all of the above steps have been completed by September 1, 2027, you will have officially beaten the deadline and locked in Act 312 protections.
How Talbot, Carmouche & Marcello Can Help
Our attorneys have handled Legacy claims for more than 30 years. We know how to navigate the complexities of Legacy law, state regulations, and case law to build strong suits. We work with top geologists, hydrologists, and toxicologists statewide. They deliver the precise testing and analysis your claim needs to succeed.
We advance all court, expert, and administrative fees on a contingency basis. You owe nothing unless we win or settle your case. We’ll map out your timeline, handle paperwork, and file before the cutoff. You can rest assured your rights stay under the more favorable law.
Timing can make or break your Legacy claim. File before September 1, 2027 to keep broader rights, lower proof standards, and higher recovery potential. Early action avoids caps, delays, and cost shifts under the new law.
Talbot, Carmouche & Marcello is ready to review your property’s history and advise you on next steps. Call us now for a free consultation and safeguard your right to a full cleanup.