In re La. Coastal Zone Land Loss Litig., 317 F. Supp. 3d 1346 (2018)

July 31, 2018 · United States Judicial Panel on Multidistrict Litigation · MDL No. 2856

317 F. Supp. 3d 1346

IN RE: LOUISIANA COASTAL ZONE LAND LOSS LITIGATION

MDL No. 2856

United States Judicial Panel on Multidistrict Litigation.

July 31, 2018

ORDER DENYING TRANSFER

MARJORIE O. RENDELL, Acting Chair

Before the Panel:^* Certain energy company defendants¹ move under 28 U.S.C. § 1407 to centralize pretrial proceedings in this litigation in the Eastern District of Louisiana. The litigation consists of 41 actions, 29 in the Eastern District of Louisiana and 12 in the Western District of Louisiana, as listed on Schedule A. The Panel has been notified of one additional action involving related issues, which is pending in the Eastern District of Louisiana.

Responding plaintiffs the Parishes of Plaquemines, Jefferson, Cameron, and St. Bernard, and District Attorneys Keith Stutes and Bridget Dinvaut oppose centralization, as do plaintiff-intervenors the State of Louisiana, through the Department of Natural Resources, Office of Coastal Management, and its Secretary, Thomas F. Harris, and the State of Louisiana ex rel . Jeff Landry, Attorney General. Defendant Cox Operating, L.L.C., supports centralization in the Eastern District of Louisiana.

On the basis of the papers filed and the hearing session held, we conclude that centralization is not necessary for the convenience of the parties and witnesses or to further the just and efficient conduct of this litigation. The 41 actions broadly implicate certain common factual questions concerning the reasons why five Louisiana parishes (Plaquemines, Cameron, Jefferson, St. Bernard, and Vermilion) have been experiencing coastal land loss and other damage, and more specifically, the extent, if any, to which defendants' oil and gas exploration, production, and transportation activities in those parishes have contributed to that loss. But each action involves oil and gas operations conducted in a different "Operational Area," and is brought against a different cast of defendants. Moving defendants do not contend that the various oil and gas fields in these Operational Areas were developed at the same time or operated in the same manner. Similarly, defendants do not assert that other possible causes of land loss and damage are the same from Operational Area to Operational Area. Although issues concerning federal and state regulation of the oil and gas industry and certain industry practices may be common across the actions, the nature of these cases suggests that most pretrial proceedings, particularly discovery, will be largely individualized.

Aside from the preponderance of individualized issues, centralization under Section 1407 does not appear necessary. Plaintiffs and plaintiff-intervenors represent that they are amenable to Section 1404 transfer of the Western District of Louisiana cases to the Eastern District of Louisiana for possible consolidation. Even if such transfer is not administratively practicable, as defendants contend, the 41 cases are pending in two adjacent districts. Informal coordination by the involved courts and cooperative efforts by counsel thus should be feasible to avoid or minimize duplicative pretrial proceedings.

IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied.

* Judges Sarah S. Vance and Lewis A. Kaplan took no part in the decision of this matter. Certain other Panel members have interests that normally would disqualify them under 28 U.S.C. § 455 from participating in the decision of this matter. Accordingly, the Panel invoked the Rule of Necessity, and those members participated in the decision of this matter in order to provide the forum created by the governing statute, 28 U.S.C. § 1407. See In re Adelphia Commc'ns Corp. Sec. & Derivative Litig. (No. II) , 273 F.Supp.2d 1353 (J.P.M.L. 2003) ; In re Wireless Tel. Radio Frequency Emissions Prods. Liab. Litig. , 170 F.Supp.2d 1356, 1357-58 (J.P.M.L. 2001).

1 Moving defendants are Chevron U.S.A., Inc., Chevron U.S.A. Holdings Inc., The Texas Company, The Union Oil Company of California, Chevron Pipe Line Company, ConocoPhillips Company, Burlington Resources Oil & Gas Company LP, The Louisiana Land and Exploration Company LLC, Exxon Mobil Corporation, Mobil Oil Exploration & Producing Southeast, Inc., Atlantic Richfield Company, BP America Production Company, and BP Products North America Inc.

SCHEDULE A

MDL No. 2856 - IN RE: LOUISIANA COASTAL ZONE LAND LOSS LITIGATION

Eastern District of Louisiana

PLAQUEMINES PARISH, ET AL. v. ROZEL OPERATING COMPANY, ET AL., C.A. No. 2:18-05189

JEFFERSON PARISH, ET AL. v. DESTIN OPERATING COMPANY, INC., ET AL., C.A. No. 2:18-05206

PARISH OF PLAQUEMINES, ET AL. v. HILCORP ENERGY COMPANY, ET AL., C.A. No. 2:18-05210

JEFFERSON PARISH, ET AL. v. ANADARKO E&P ONSHORE, LLC, ET AL., C.A. No. 2:18-05213

PLAQUEMINES PARISH, ET AL. v. EXCHANGE OIL & GAS CORPORATION, ET AL., C.A. No. 2:18-05215

PLAQUEMINES PARISH v. RIVERWOOD PRODUCTION COMPANY, INC., ET AL., C.A. No. 2:18-05217

PLAQUEMINES PARISH, ET AL. v. JUNE ENERGY, INC., ET AL., C.A. No. 2:18-05218

PLAQUEMINES PARISH, ET AL. v. CHEVRON U.S.A., INC., ET AL., C.A. No. 2:18-05220

ST. BERNARD PARISH, ET AL. v. ATLANTIC RICHFIELD COMPANY, ET AL., C.A. No. 2:18-05222

JEFFERSON PARISH, ET AL. v. CHEVRON U.S.A. HOLDINGS, INC., ET AL., C.A. No. 2:18-05224

PLAQUEMINES PARISH v. GREAT SOUTHERN OIL & GAS CO., INC., ET AL., C.A. No. 2:18-05227

PLAQUEMINES PARISH v. NORTHCOAST OIL COMPANY, ET AL., C.A. No. 2:18-05228

PLAQUEMINES, ET AL. v. CONOCOPHILLIPS COMPANY, ET AL., C.A. No. 2:18-05230

PLAQUEMINES PARISH, ET AL. v. LINDER OIL COMPANY, ET AL., C.A. No. 2:18-05231

PLAQUEMINES PARISH, ET AL. v. DEVON ENERGY PRODUCTION COMPANY, L.P., ET AL., C.A. No. 2:18-05234

PLAQUEMINES PARISH, ET AL. v. GOODRICH PETROLEUM COMPANY, LLC, ET AL., C.A. No. 2:18-05238

PLAQUEMINES PARISH v. APACHE OIL CORPORATION, ET AL., C.A. No. 2:18-05240

JEFFERSON PARISH, ET AL. v. EQUITABLE PETROLEUM CORPORATION, ET AL., C.A. No. 2:18-05242 JEFFERSON PARISH v. ATLANTIC RICHFIELD COMPANY, ET AL., C.A. No. 2:18-05246

JEFFERSON PARISH v. CANLAN OIL COMPANY, ET AL., C.A. No. 2:18-05252

PLAQUEMINES PARISH v. TOTAL PETROCHEMICALS & REFINING USA, INC., ET AL., C.A. No. 2:18-05256

JEFFERSON PARISH v. EXXON MOBIL CORPORATION, ET AL., C.A. No. 2:18-05257

PLAQUEMINES PARISH v. BEPCO, L.P., ET AL., C.A. No. 2:18-05258

PLAQUEMINES PARISH v. PALM ENERGY OFFSHORE, L.L.C., ET AL., C.A. No. 2:18-05259

PLAQUEMINES PARISH v. HELIS OIL & GAS COMPANY, LLC, ET AL., C.A. No. 2:18-05260

PLAQUEMINES PARISH, ET AL. v. CASKIDS OPERATING COMPANY, ET AL., C.A. No. 2:18-05262

PLAQUEMINES PARISH v. HHE ENERGY COMPANY, ET AL., C.A. No. 2:18-05263

PLAQUEMINES PARISH, ET AL. v. CAMPBELL ENERGY CORPORATION, ET AL., C.A. No. 2:18-05264

PLAQUEMINES PARISH, ET AL. v. LLOG EXPLORATION & PRODUCTION COMPANY, LLC, ET AL., C.A. No. 2:18-05265

Western District of Louisiana

CAMERON PARISH, ET AL. v. AUSTER OIL & GAS, INC., ET AL., C.A. No. 2:18-00677

CAMERON PARISH, ET AL. v. BALLARD EXPLORATION CO., INC., ET AL., C.A. No. 2:18-00678

CAMERON PARISH, ET AL. v. BRAMMER ENGINEERING, INC., ET AL., C.A. No. 2:18-00679

CAMERON PARISH, ET AL. v. BURLINGTON RESOURCES OIL & GAS CO. LP, ET AL., C.A. No. 2:18-00682

CAMERON PARISH, ET AL. v. ALPINE EXPLORATION COMPANIES, INC., ET AL., C.A. No. 2:18-00684

CAMERON PARISH, ET AL. v. BAY COQUILLE, INC., ET AL., C.A. No. 2:18-00685

CAMERON PARISH, ET AL. v. ATLANTIC RICHFIELD CO., ET AL., C.A. No. 2:18-00686

CAMERON PARISH, ET AL. v. BP AMERICA PRODUCTION COMPANY, ET AL., C.A. No. 2:18-00687

CAMERON PARISH, ET AL. v. APACHE CORP. OF DELAWARE, ET AL., C.A. No. 2:18-00688

CAMERON PARISH, ET AL. v. ANADARKO E & P ONSHORE LLC, ET AL., C.A. No. 2:18-00689

CAMERON PARISH, ET AL. v. BEPCO, L.P., ET AL., C.A. No. 2:18-00690

STUTES, ET AL. v. GULFPORT ENERGY CORP., ET AL., C.A. No. 6:18-00691