While Louisiana's congressional delegation sought to remain largely neutral on the suit filed Wednesday by the East Bank levee authority against a slew of oil, gas and pipeline companies, state lawmakers were more eager to take sides on the issue. From cautiously supportive to deeply critical, current and former lawmakers agreed the legal challenge would bring with it reactive...
While Louisiana's congressional delegation sought to remain largely neutral on the suit filed Wednesday by the East Bank levee authority against a slew of oil, gas and pipeline companies, state lawmakers were more eager to take sides on the issue. From cautiously supportive to deeply critical, current and former lawmakers agreed the legal challenge would bring with it reactive legislation and tough choices for Gov. Bobby Jindal.
On Wednesday morning, the Southeast Louisiana Flood Protection Authority-East filed an historic lawsuit demanding oil, gas and pipeline companies restore damaged wetlands and pay for weakened natural levee systems created by those wetlands.
Jindal issued a response just hours later, stating the levee board had no authority to file the suit without his approval and calling it a "hijacking" of the issue by trial lawyers "who see dollar signs in their future and who are taking advantage of people who want to restore Louisiana's coast."
Louisiana's congressional delegation weighed in early but tentatively, most saying they needed to review the suit at greater detail before commenting. But lawmakers on the state level proved more outspoken on the issue.
Some called it provocative or creative, while also questioning whether such a far-reaching suit would have legs. And nearly all expressed concern with the effect it will have on the state's booming oil and gas sector.
"(The suit) has the potential to virtually shut down the oil and gas exploration and production industry. We just can't do that," said state Rep. Sam Jones, a Democrat from Franklin who represents communities in St. Martin and St. Mary Parishes.
Self-described "Mr. Oil and Gas" Norby Chabert, a Republican state senator from Houma who serves on the natural resources committee, agreed with Jones. He added he would "find it hard" to hold companies responsible for damages inflicted decades ago.
"I believe that the actors that are on the stage in 2013 are behaving responsibly," Chabert said, calling the levee board suit a "shotgun approach."
State Sen. J.P. Morrell, D-New Orleans, acknowledged the suit could have a "chilling effect" on the industry, but added that the state's symbiotic relationship with oil and gas shouldn't cause lawmakers to turn their back on the environmental and economic effects of decades of drilling and dredging.
He also reiterated a commonplace fear of the levee authority -- that the cost of maintaining completed Corps of Engineer projects in Southeast Louisiana will "dwarf" millage fees collected to pay for their upkeep.
"At the end of the day, we've all spoken about how we want our flood control to mirror, let's say, what they have in the Netherlands. But we've never secured the revenue sources for that."
He also called Jindal's assertion that the board was lobbied by trial lawyers looking to make a quick buck "baseless," a sentiment echoed by fellow New Orleans Democrat Walt Leger.
"It seemed like it was disconnected to the issue," the state representative said of the governor's response to the suit, which he said he needed more time to study before taking a position. "I trust that (the authority) has done significant research and I trust that they've hired good and competent lawyers."
Vice President John Barry said the move was based on a unanimous decision of the board that was given the rubber stamp by state Attorney General Buddy Caldwell. But state Sen. Conrad Appel, R-Metairie called into question the "hundreds of millions of dollars" the lawyers stand to make on the case if successful.
"I don't understand why a levee district would hire trial lawyers when we have an attorney general to handle class," Appel said.
While even those opposed to the suit said they knew the decision to enter it couldn't have been taken lightly, the method by which it was filed has also been a source of political contention for local lawmakers.
Specifically, the lack of collaboration -- or even notification -- on the suit by the East Bank authority with its counterparts was cited by more than one legislator as a cause for concern.
"If a governing body has a true interest in correcting a situation or making something whole, then you'd think of collaborating with others in the same line of work," said state Rep. Chris Leopold, R-Belle Chasse, who added the East Bank board did not notify its counterpart in his district before filing the suit.
State Sen. A.G. Crowe, a Republican from Slidell who sits on the Select Committee for Coastal Restoration and Flood Control, said he also questioned the timing of the suit. He said its wide scope could interfere with efforts to bring in more state and federal dollars for restoration projects.
"It could have an adverse effect on our ability to get the funding for the long-term sustainability for our coasts and I hope there will be an immediate meeting of the minds to work together with all of the state and federal agencies to approach this situation in unison."
One thing every local lawmaker could agree on is that the legal challenge will likely take years and involve tough choices by Jindal and future governors as well as legislative challenges.
If it goes forward, the oil and gas industry will necessarily take an indirect shot at the suit by pushing for legislation that seeks to further limit legacy lawsuits, absolve liability for companies before a certain year for product development or strengthen the governor's authority over boards and commissions.
This legislative response will mirror to the case, whether it goes to trial, settles outside of court, or starts over with a decision by Jindal to dissolve the levee board, said former New Orleans state senator and East Bank levee board member Lambert Boissiere, Jr.
While Boissiere said the board put the governor in an uniquely tough spot by filing this legal challenge, he made clear the ball is now in Jindal's court. He urged the governor to accept the suit, work with legislators, the board and his branch to work on a settlement.
"The best thing for the people of the state would be to let the suit go forward," the current New Orleans constable said. "I would hope they can reach a compromise so we don't drag this thing out for years and years. But the governor has some hard decision to make."
One other point on which state lawmakers agreed is that regardless of their views on the methods or merits of the case, the intent -- to bring the issue to the forefront while securing funds for coastal restoration -- is one they can all get behind.
If the situation ends up being an attention-getter and forces some comprehensive action," said Jones, "in the boundaries of what's affordable without destroying the industry, I'd like to have that conversation."