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Regular Session, 2013 ENROLLED
SENATE RESOLUTION NO. 84
BY SENATOR ALLAIN
A RESOLUTION
To urge and request the Louisiana State Law Institute, in consultation with the director of
the Louisiana Mineral Law Institute, to study the feasibility and constitutionality of
utilizing alternative dispute resolutions as a means of resolving "legacy" disputes and
report its recommendations to the Senate on or before February 24, 2014.
WHEREAS, Article IX, Section 1 of the Constitution of Louisiana mandates that the
natural resources and the environment of the state, including air and water, are to be
protected, conserved, and replenished insofar as possible and consistent with the health,
safety, and welfare of the people, and requires the legislature to enact laws to implement this
policy; and
WHEREAS, "legacy" lawsuits are lawsuits filed by a landowner claiming that oil and
gas operations caused his property or groundwater located beneath his property to become
polluted and contaminated; and
WHEREAS, it is the duty of the legislature to set forth procedures to ensure that
damage to the environment is remediated to a standard that protects the public interest; and
WHEREAS, Act 312 of the 2006 Regular Session of the Legislature of Louisiana and
Act 779 of the 2012 Regular Session of the Legislature of Louisiana established judicial and
administrative procedures relative to "legacy" lawsuits, environmental remediation and
protection of the public interest; and
WHEREAS, the legislature should be fully informed as to the legal aspects of all
alternative dispute resolution methods to expedite the resolution of "legacy" disputes.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana State Law Institute, in consultation with the
director of the Louisiana Mineral Law Institute, to study the feasibility and constitutionality
of utilizing alternative dispute resolutions as a means of resolving "legacy" disputes and
report its recommendations to the Senate on or before February 24, 2014. SR NO. 84 ENROLLED
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute and the director of the Louisiana Mineral Law
Institute.
PRESIDENT OF THE SENATE