On April 20, 2010, BP’s Deepwater Horizon rig exploded at a cost of eleven lives. What followed was the largest accidental marine oil spill in history. In the aftermath, BP looked for a solution, ostensibly to cap its exposure and address a swirling PR disaster. BP began to actively negotiate a settlement.
Louisiana’s long relationship with oil and gas has been profitable for both the oil and gas industry and Louisiana’s citizens. However, the nature and extent of the duty to restore the land after drilling has often been a disputed and litigated issue. Recently, the Louisiana Supreme Court’s decision in State v. Louisiana Land and Exploration Co., 2012-0884 (La. 1/30/13), – So.3d – added clarity to the law by establishing that the presence of a Court-approved remediation plan does not create a “cap” on damages.