SB 667 builds upon reforms previously passed by the La. Legislature to offer additional clarity on the procedures and process for clean-up in legacy lawsuits.

1. May 19, 2014
Dear Senator:
As members of the Louisiana Legislature, you should be commended for taking action in 2006 and again in
2012 to address the long-standing, uniquely Louisiana challenge of “legacy lawsuits.” These well-intended
compromises, however, did not curb the persistent and hugely expensive litigation, as lawyers on all sides
continue to argue over vagueness in the law.
A total of 360 legacy lawsuit cases have been filed in more than 40 parishes since 2001, many of which
remain on the books and continue to churn expensive litigation over this statutory ambiguity. As a result, too
few lawsuits are being resolved and not enough property is being cleaned to proper standards.
In the current legislative session, Senate Bill 667 by Sen. Robert Adley builds upon reforms previously passed
by the Louisiana Legislature to offer additional clarity on the procedures and process for clean-up in legacy
lawsuits. This bill represents compromise legislation agreed upon by both oil and gas companies and
landowners, including the Louisiana Landowners Association, because it will strengthen the limited admissions
process and generate more regulatory cleanups prior to lengthy and costly litigation. This year, both the
process and the product are notable because negotiations occurred prior to the legislative session and were
guided by seven years of experience and multiple judicial opinions.
Because Senate Bill 667 is “procedural and interpretative” in accordance with Louisiana law, the legislative
guidance will apply prospectively and retroactively, just as the original provisions of Act 312 in 2006 and the
amendments in 2012. The ability to apply this language to current cases was a critical component of the
compromise for Senate Bill 667, but was altered over Senator Adley’s objection in the course of the legislative
process. Last week, the House of Representatives returned this language in the version of the bill that is now
pending concurrence on the Senate floor.
As such, the statewide business community, trade associations, and stakeholders urge you as members of
the Louisiana State Senate to concur with the House language and allow these reforms to speed up
protracted litigation currently pending in courts across the state. We sincerely thank you for your leadership
in this matter.