Supreme Court of Louisiana

MJ Farms, Ltd. v. Exxon Mobil Corp.

September 19, 2008998 So. 2d 16

Summary

The court held that Act 312 applies to private litigation alleging environmental damage from oilfield operations, including claims brought under the Mineral Code, and that the Act applies retrospectively to this pending case. It further held that retrospective application does not violate due process, divest the district court of original jurisdiction, or deny access to the courts because the Act preserves the landowner's private claims while establishing a court-supervised remediation procedure. The court therefore reversed the judgment declaring Act 312 unconstitutional and remanded for further proceedings.