PLAQUEMINES PARISH v. CHEVRON USA, INC.

No. 23-30291.

84 F.4th 362 (2023)

PLAQUEMINES PARISH, Plaintiff-Appellee, Louisiana State, ex rel. Jeff Landry, Attorney General; Louisiana State, through the Louisiana Department of Natural Resources Office of Coastal Management and its Secretary, Thomas F. Harris, Intervenors-Appellees, v. CHEVRON USA, INCORPORATED, As Successor in Interest to Gulf Oil Corporation and The California Company; Chevron USA Holdings, Incorporated, As Successor in Interest to Getty Oil Company, Texas E&P, Incorporated, Tide Water Associated Oil Company, Tide Water Oil Company, and Texaco Producing, Incorporated; BP America Production Company, As Successor in Interest to Pan American Petroleum Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED October 11, 2023.


Attorney(s) appearing for the Case

Victor L. Marcello, Esq. , Donald T. Carmouche , Talbot, Carmouche & Marcello, Baton Rouge, LA, for Plaintiff-Appellee.

Victor L. Marcello, Esq. , Talbot, Carmouche & Marcello, Baton Rouge, LA, Ryan Michael Seidemann , Louisiana Department of Justice, Baton Rouge, LA, for Intervenor-Appellee Louisiana State, ex rel. Jeff Landry, Attorney General.

Donald Wayne Price , Special Counsel, Department of Natural Resources for the State of Louisiana, Baton Rouge, LA, Ryan Michael Seidemann , Louisiana Department of Justice, Baton Rouge, LA, for Intervenor-Appellee Louisiana State, through the Louisiana Department of Natural Resources Office of Coastal Management and its Secretary, Thomas F. Harris.

Peter D. Keisler, Esq. , Jennifer Jo Clark , Sidley Austin, L.L.P., Washington, DC, Alexandra Giselle White , Eric Julian Mayer , Susman Godfrey, L.L.P., Houston, TX, for Defendants-Appellants Chevron USA, Incorporated, As Successor in Interest to Gulf Oil Corporation and The California Company, Chevron USA Holdings, Incorporated, As Successor in Interest to Getty Oil Company, Texas E&P Incorporated, Tide Water Associated Oil Company, Tidewater Oil Company and Texaco Producing, Incorporated.

George Arceneaux, III, Esq. , Liskow & Lewis, Lafayette, LA, Jennifer Kwapisz , Nancy Gordon Milburn , Arnold & Porter Kaye Scholer, L.L.P., New York, NY, for Defendant-Appellant BP America Production Company, As Successor in Interest to Pan American Petroleum Corporation.

Before Clement, Southwick, and Higginson, Circuit Judges.


PUBLISHED ORDER

This case, first filed in 2013, is one of many closely related cases seeking to determine the oil and gas industry's responsibility, and consequent restoration obligations, for the rapid loss and deterioration of Louisiana's coastal wetlands. For ten years, Chevron et al. ("defendants...

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