PARISH OF PLAQUEMINES v. CHEVRON USA, INC.

No. 19-30492. consolidated with No. 19-30829.

7 F.4th 362 (2021)

The PARISH OF PLAQUEMINES, Plaintiff-Appellee, The State of Louisiana, ex rel, Jeffrey Martin Landry, Attorney General; The State of Louisiana, 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 Chevron Oil Company and The California Company; Exxon Mobil Corporation, As Successor in Interest to Exxon Corporation and Humble Oil and Refining Company; ConocoPhillips Company, As Successor in Interest to General American Oil Company of Texas, Defendants-Appellants, Parish of Cameron, Plaintiff-Appellee, State of Louisiana, ex rel, Jeff Landry; State of Louisiana, on behalf of Louisiana Department of Natural Resources, on behalf of Office of Coastal Management, on behalf of Thomas F. Harris, Intervenors-Appellees, v. BP America Production Company; Chevron Pipe Line Company; Chevron USA Holdings, Incorporated; Chevron USA, Incorporated; Exxon Mobil Corporation; Kerr-McGee Oil; Gas Onshore, L.P.; Shell Offshore, Incorporated; Shell Oil Company; Swepi, L.P.; Texas Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed August 5, 2021.


Attorney(s) appearing for the Case

Victor L. Marcello, Esq. , Donald T. Carmouche , Talbot, Carmouche & Marcello, Baton Rouge, LA, William Peter Connick, Sr. , Connick & Connick, L.L.C., Andre Collins Gaudin, Esq. , Burglass & Tankersley, L.L.C., Metairie, LA, Brandon J. Taylor, Esq. , Cossich, Sumich, Parsiola & Taylor, L.L.C., Belle Chasse, LA, for Plaintiff-Appellee.

Ryan Michael Seidemann, Esq. , Louisiana Department of Justice, Baton Rouge, LA, for Intervenor-Appellee Jeffrey Martin Landry, Esq.

Donald Wayne Price , Special Counsel, Department of Natural Resources for the State of Louisiana, Megan Kathleen Terrell, Esq. , Assistant Attorney General, Plauche & Carr, L.L.P., Baton Rouge, LA, for Intervenor-Appellee State of Louisiana, through the Louisiana Department of Natural Resources Office of Coastal Management and its Secretary, Thomas F. Harris.

Peter D. Keisler, Esq. , Jennifer Jo Clark , Ryan C. Morris , Sidley Austin, L.L.P., Washington, DC, Eric Julian Mayer , Alexandra Giselle White , Susman Godfrey, L.L.P., Houston, TX, for Defendant Appellant Chevron USA, Incorporated, As Successor in Interest to Chevron Oil Company and The California Company.

Martin A. Stern , Jeffrey Edward Richardson , Adams & Reese, L.L.P., Robert Beattie McNeal, Esq. , Liskow & Lewis, P.L.C., New Orleans, LA, for Defendant Appellant Exxon Mobil Corporation, As Successor in Interest to Exxon Corporation and Humble Oil and Refining Company.

Deborah DeRoche Kuchler , Michele Hale DeShazo , Kuchler Polk Weiner, L.L.C., New Orleans, LA, for Defendant Appellant ConocoPhillips Company, As Successor in Interest to General American Oil Company of Texas.

Thomas Allen Lorenzen , Crowell & Moring, L.L.P., Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, National Association of Manufacturers.

George Scott Christian , Austin, TX, for Amicus Curiae Texas Civil Jugtiee League, Incorporated.

Thomas More Flanagan , Anders F. Holmgren , Flanagan Partners, L.L.P., New Orleans, LA, for Amici Curiae Louisiana Association of Business and Industry, Louisiana Oil & Gas Association, Louisiana Mid-Continent Oil and Gas Association, Louisiana Chemical Association.

William Christopher Pooser , Stoel Rives, L.L.P., Boise, ID, for Amicus Curiae American Petroleum Institute.

Alexander Dubose & Jefferson, L.L.P., William Joseph Boyce , Houston, TX, Colleen Garcia , Austin, TX, for Amicus Curiae Texas Oil and Gas Association.

Before HO, ENGELHARDT, and OLDHAM, Circuit Judges.


ON PETITION FOR REHEARING

The petition for rehearing is granted, the prior opinion in this case is withdrawn, and the following is substituted in its place, in light of new information provided to the court in response to our request for supplemental briefing and our further consideration of the issues presented...

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