Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision
The Energy Law Blog
FEBRUARY 5, 2016
On February 1, 2016, a federal district court issued a ruling in Moore v. Denbury , — F.3d — (W.D. La. 2016) , with important implications for “legacy” lawsuits in Louisiana. The court interpreted the 2014 amendments to Act 312 (La. R.S. § 30:29) to hold that “a plaintiff cannot directly recover additional remediation damages in the absence of an express contractual provision.
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