InfrastructureDebate continues over controversial lawsuit-killing Louisiana oil bill

Governor Bobby Jindal (R-Louisiana) is facing a difficult decision over whether or not to veto a measure which would kill a contentious lawsuit filed by the Southeast Louisiana Flood Protection Authority-East (SLFPA-E) against ninety-seven different oil and gas companies regarding long-term environmental damage claims, including those of the 2010 Deepwater Horizon explosion (see “La. flood protection agency sues 97 energy companies for wetland destruction,” HSNW, 26 July 2013).

As theAdvocate reports, Senate Bill 469 is meant to quell a lawsuit seeking compensation from these companies for the years of damage to wetlands by the industry. It passed through the Legislature with an overwhelming majority.

Jindal has wanted to approve the measure, but is facing criticism of the bill’s intent from people such as Jefferson Parish president John Young and Attorney General Buddy Caldwell, who called the measure’s language “vaguely broad,” and having the potential for harmful effects to the environmental wellbeing of the state. Caldwell called on voters to demand a more focused bill.

Proponents of the measure argue that the lawsuit filed by SLFPA-E was negatively different from most. ThomasEnright, the governor’s executive counsel, responded by saying that “This piece of legislation was fully debated, was the subject of intense media coverage throughout the session and now represents the Louisiana Legislature’s intent to make absolutely clear that irresponsible lawsuits, such as (this), are unwelcome to this state.”

Additionally, it is pointed out that the bill would not affect similar lawsuits filed by other organizations such as those of the Jefferson parish, or other lawsuits filed against BP over the Deepwater Horizon incident.

Others argue, however, that the bill could endanger those, too. Robert Verchick, a Loyola University law professor and one of the legal experts that targeted the bill, told the paper, “signing the bill would amount to gambling with the future of those claims.” He goes on to add, “There are $10 billion in claims on the roulette table, and I would not leave them there if I were the governor.”

State Representative Pat Connick (R) voted against the bill in the Legislature, claiming that it was not properly vetted. “Unless the state gets a commitment from BP that they will not attempt to use SB469 to retroactively be absolved from the damages they caused to Louisiana, I think it would be in the state’s best interest if the governor vetoes the legislation,” he said.

TheAdvocate also reiterated speculation that Jindal might sign the bill into law on Thursday or Friday at the State Capitol.