NEW ORLEANS (AP) - A federal judge has sent a Plaquemines Parish lawsuit against 19 oil and gas companies back to state court for trial.
U.S. District Judge Jay Zainey's ruling sets the stage for the return of 27 others suits to state courts in Plaquemines and Jefferson parishes, NOLA.com ' The Times-Picayune reports.
The lawsuits all ask the court to make the companies repair or pay for damages from canals dredged decades ago through fragile wetlands - some date from before 1940 - and from toxic wastes put in unlined pits near drilling sites.
Other federal judges put the other lawsuits on hold to wait for Zainey's ruling, which was posted Tuesday in the court's electronic filing system.
Zainey ruled Monday that defendants had not proved they met federal court requirements for moving the case out of state court.
The lawsuits, narrowly tailored to take advantage of the parishes' special authority under state law to regulate wetlands within their borders as part of a coastal zone, were filed in November 2013 in state courts. Defendants immediately removed them to federal court.
"The citizens of Plaquemines Parish should be very pleased with Judge Zainey's ruling," said attorney Victor Marcello. "His detailed opinion shows that he carefully considered all of the arguments raised by the defendants."
Published: Thu, Dec 04, 2014
