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Oil and gas exploration and production has been at the heart of Louisiana’s coastal economy for nearly 100 years. Today, regulators and landowners are suing for money damages based on claims of land loss arising from those exploration and production activities. Liskow has the experience, bandwidth, and institutional knowledge to understand and address every angle of these suits.

Overview

Land loss claims are a novel tactic used by plaintiffs to attack the historical operations of companies who operated along the Louisiana coast. We are involved in every aspect of these cases, serving as first-chair trial and appellate counsel. Armed with deep historical knowledge of oil and gas operations, as well as the laws governing the industry, we are ready to tackle these claims on behalf of our clients.

Liskow is at the forefront of land loss litigation brought by private landowners who are seeking tens of millions in compensatory land loss: for example, claims brought against pipeline companies for erosion along canals. We also defend regulation-based claims for monetary or other recovery, brought by Louisiana state or local political bodies for alleged damages in the coastal zone.

Our institutional knowledge means a quick learning curve

As a firm deeply rooted in the development of the oil and gas industry, we have handled legacy litigation involving claims for damages based on assertions of contamination since they proliferated in early 2000s. Because land loss claims, like legacy claims, begin with the same kind of understanding of historical matters, and because they include allegations of contamination, Liskow’s existing expertise translates to efficiency in understanding and responding to lawsuits based on claims of land loss.

Our success is built on establishing factual support and crafting the best legal arguments

We build the best case by preparing it for trial — and then trying it. Cases rooted in history begin with researching the history of the relevant area and acquiring the most accurate understanding we can for the lawsuit. We team our talented legal professionals with our clients, and with the highest-quality technical expertise available across multiple scientific disciplines. Hard work, preparation, and commitment to absolute excellence, with uncompromising professional and scientific integrity, are the formula for our representation. Those efforts ultimately lead to a full client understanding of the issues and claims across the life of the case.

We are with our clients for the life of the case, beginning with acquainting ourselves and the clients with the case issues, then developing a full factual understanding and working with experts to understand technical issues. That work prepares us to present a fully developed case, with robust factual and scientific support at trial.

Our appellate team complements our trial team in these cases, serving as strategic advisors on motion practice, often involving res nova legal issues. That team is integral to trial preparation, ensuring the creation of the record necessary to preserve legal issues for appeal, including the development of jury instructions and verdict forms that properly frame the relevant legal issues.

Notable Experience

We defended several companies in a high-profile land loss case brought by a local levee board. The claims against all defendants were dismissed through pre-trial motion practice, which was affirmed by the U.S. Fifth Circuit Court of Appeals. The case, which involved a Louisiana state tort law claim, described by The New York Times Magazine as “the most ambitious environmental lawsuit ever.”

We are known for these strengths

  • Liskow represents upstream and midstream energy companies, ranging from the majors to small and mid-sized companies, and including owners and operators of oil and gas exploration facilities and pipeline companies.
  • As climate change litigation continues to grow, we expect the same factual and scientific issues to be front and center, and we are prepared to apply them in any jurisdiction.
  • Although land loss is a relatively new kind of claim, we are well-positioned for tackling it because of proven, decades-long experience in legacy litigation, and 90 years in the oil and gas industry.

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