1. Legacy Lawsuit School
R.S. 30:29
ACT 312

2. Oil and Gas Operations
The last operator of record is responsible for
bringing the location into compliance with
state standards - 29-B (regulatory damages)
LSA R.S. 30:82(9)
The last operator is also responsible for
full-filling any contractual obligation that he
has to the landowner (private claims)

3. Operations Cont...
Only the current operator of record has a
right to access the site without the consent
of the landowner
The standard by which the operator
remediates is 29-B
The operator may use the standards that are
in place at DEQ / EPA called RECAP
RECAP may only be used with landowner
consent
Outside of lawsuits, consent to use RECAP is
normally easily attainable

4. Why RECAP or 29-B
RECAP is the standard used by DEQ for
hazardous waste
There are instances when RECAP is a better
standard to apply for the environment
EXAMPLE
29B has a limit on oil and grease concentration in soil
29B does not have any limits on individual hydrocarbon fractions
(the individual carbon chains that make up hydrocarbons) like
benzene
A site could therefore pass 29B standards for oil and grease
(and require no remediation) but fail the standards for benzene
under RECAP

5. Why RECAP or 29-B
EXAMPLE
29B has limits on salt concentrations in soil that are based on
agriculture standards and are not health risk based
A given salt concentration could exceed 29B but have no risk to
human health
If the location has no present or future utility as farmland,
RECAP would suggest that the most environmentally responsible
course of action is to leave the salt in place
To dig and haul the salt impacted soil would cause a negative
impact by taking up limited space at a disposal facility when
the salt in place has no health risk
If land has utility as farmland, treatment of the salt in place is
the environmentally preferred course of action.

6. SERP
In 2010 the Office of Conservation
introduced SERP as an alternative to 29-B
SERP was largely based off the RECAP
program at DEQ / EPA
SERP never became law as it was pulled the
night before it went into the register for
unknown reasons

7. Landowner
Courses of Action
Landowner has 3 different courses of action if they feel there land is
contaminated
Contact the current operator of record and ask them to remediate
(bills filed by T.Burns and Cortez would make this mandatory)
File an environmental complaint with the Department of Natural
Resources / Office of Conservation - which may result in compliance
order
7 of these filed in 2011
2 required no action by operator
1 operator and landowner were directed to meet and resolved
the issues
4 resulted in one or more compliance orders for evaluation
and/or remediation which are currently being carried out
File a lawsuit under ACT 312

8. DNR Report on Legacy
HCR 167 by Rep. Karen St. Germain
Directed DNR to report on Legacy Lawsuits
Excerpts
271 Lawsuits
210 with no environmental data
64 Settlements
3 Remediated
35 no remediation required
29 -being evaluated, remediated and assessed

9. DNR Report Cont...
Issues Impacting Evaluation or Remediation Timelines
1. Allowing all parties access to the property for evaluation is often disputed
2. Discovery and sampling time-lines have to be agreed upon by parties or ordered by the
court
3. Limitations on the ability of parties to admit regulatory responsibility without admitting
liability for other claims
4. Proving responsibility through trial and the delays inherent in all litigation
5. Remedial work requires time to complete in accordance with regulatory standards
6. OOC role under ACT 312 in submitting to the Court its most feasible evaluation or
remediation plan to meet applicable State Regulatory standards generally occurs after the
completion of the trial on the merits in its entirety
7. ACT 312 provides no way to enforce requirement in R.S> 30:29.1 that all environmental
sample data associated with E & P activity be submitted to OOC within 10 days of receipt
by all parties
8. For various reasons recent oil & gas operators without any specific causal connection to
environmental damage are subject to ACT 312 litigation
9. Reimbursement for ACT 312 expenses by Conservation and the AGs office only occurs after
a responsible party has been determined
10. The complexity of the legal issues addressed in ACT 312 cases

10. Where are the suits

12. Problems with ACT 312
Courts have interpreted the ACT 312 process
incorrectly and inconsistently
Many Courts awarding damages for private claims and regulatory
claims before hearing from DNR
Slowness in execution leads to higher attorneys
fees
Compromises of 2006 have reared their head
Most importantly, inability to admit responsibility for the regulatory
damages only
Landowners not giving consent to defendants to
evaluate or remediate
Have even blocked compliance orders from the Office of
Conservation (Sweet Lake Land)

13. What we would like to fix in ACT 312
Timelines and Schedules
This would establish timeframes for each step to happen holding
everyone accountable
Delay
Cannot move to trial on the merits until DNR submits plan
Jury Instructions
Juries are not being told what the ACT 312 process is
Access
Landowner cannot deny defendant access to evaluate if notice is given
Admission of Liability
Allow the admission to be limited to regulatory damages

14. Timelines and Schedules
This would establish timeframes for each step to happen holding
everyone accountable
Delay
Cannot move to trial on the merits until DNR submits plan
Jury Instructions
Juries are not being told what the ACT 312 process is
Access
Landowner cannot deny defendant access to evaluate if notice is given
Admission of Liability
Allow the admission to be limited to regulatory damages

15. Delay
Cannot move to trial on the merits until DNR submits plan
Jury Instructions
Juries are not being told what the ACT 312 process is
Access
Landowner cannot deny defendant access to evaluate if notice is given
Admission of Liability
Allow the admission to be limited to regulatory damages

16. Jury Instructions
Juries are not being told what the ACT 312 process is
Access
Landowner cannot deny defendant access to evaluate if notice is given
Admission of Liability
Allow the admission to be limited to regulatory damages

17. Access
Landowner cannot deny defendant access to evaluate if notice is given
Admission of Liability
Allow the admission to be limited to regulatory damages

18. Admission of Liability
Allow the admission to be limited to regulatory damages

19. Admission of Liability
Allow the admission to be limited to regulatory damages

20. What are we proposing to fix
Admission of Liability
Allow the admission to be limited to regulatory damages

21. Why can’t a compromise be reached
What we want that they will not agree to?
DNR public hearing to develop plan (which is
currently part of ACT 312)
Why is that so important?
2 reasons
Validates the plan by being an open and
transparent process
Only mechanism to consider RECAP as
alternative to 29-B besides landowner consent

22. Why can’t a compromise be reached
What are they saying is wrong with what we want
Costs - This will be an unfair burden on plaintiff to try the
case 2 times - very expensive
ANSWER - all plaintiff costs are covered by the party
admitting responsibility currently under ACT 312 - so
there is no additional costs. Also, ACT 312 currently
requires a public hearing as part of the determination of
the plan
Primary Jurisdiction - Another way to get around to
primary jurisdiction
ANSWER - There is no change in the jurisdiction of the
trial, nor is there any change in authority of the district
court in approval of the plan or their standard of review
of the plan

23. How ACT 312 was intended to work
Responsible Party Regulatory “Other” Damages
Determination Remediation Determination
Determination
Jury Party DNR Approval of Private “Extra”
Decides Admits Regulatory Plans Damages Remediation
How ACT 312 has worked
Damages Regulatory
Responsible Party Determination Remediation
Determination
Determination
Regulatory
Damages
Jury Party DNR Approval of
Private “Extra” Regulatory Plans
Decides Admits
Damages Remediation

24. THE PROCESS
LANDOWNER
FILES LAWSUIT
FOR
CONTAMINATION

25. THE PROCESS
LANDOWNER
FILES LAWSUIT
FOR
CONTAMINATION

26. THE PROCESS
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
FOR BEEN FILED IS
CONTAMINATION SENT TO OOC
AND AG
R.S. 30:29 B(1)

27. THE PROCESS
OPERATORS
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
FOR BEEN FILED IS R.S. 30:29 C(1)
CONTAMINATION SENT TO OOC
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY

28. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY

29. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
PLANS
RECEIVED BY
COURT AND
OOC
R.S. 30:29 C(1)

30. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
PLANS PARTIES
RECEIVED BY SUMBIT PLAN(S)
COURT AND TO OOC/COURT
OOC ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)
R.S. 30:29 C(1)

31. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
OOC REVIEWS
PLANS PARTIES
PLAN AND GIVES
RECEIVED BY SUMBIT PLAN(S)
ESTIMATE OF
COURT AND TO OOC/COURT
REVIEW AND
OOC ALONG WITH
COSTS TO
ESTIMATED
COURT
COSTS
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

32. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
OOC REVIEWS
PLANS PARTIES
OOC CONDUCTS PLAN AND GIVES
RECEIVED BY SUMBIT PLAN(S)
PUBLIC HEARING ESTIMATE OF
COURT AND TO OOC/COURT
ON THE PLAN(S) REVIEW AND
OOC ALONG WITH
COSTS TO
ESTIMATED
COURT
COSTS
R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

33. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
OOC REVIEWS
OOC SELECTS PLANS PARTIES
OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
COSTS TO
ESTIMATED
COURT
COSTS
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

34. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
R.S. 30:29 C(5)
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

35. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
R.S. 30:29 C(5)
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)
COURT
ORDERS
RESPONSIBLE
PARTY TO
FUND THE
PLAN
R.S. 30:29 C(5)

36. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
R.S. 30:29 C(5)
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)
COURT
RESPONSIBLE
ORDERS
PARTY DEPOSITS
RESPONSIBLE
MONEY INTO THE
PARTY TO
REGISTRY OF THE
FUND THE
COURT
PLAN
R.S. 30:29 C(5) R.S. 30:29 C(6)a

37. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
R.S. 30:29 C(5)
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)
COURT
RESPONSIBLE
ORDERS
PARTY DEPOSITS COURT
RESPONSIBLE
MONEY INTO THE DETERMINES
PARTY TO
REGISTRY OF THE DAMAGES
FUND THE
COURT
PLAN
R.S. 30:29 C(5) R.S. 30:29 C(6)a

38. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
R.S. 30:29 C(5)
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)
COURT
RESPONSIBLE
ORDERS
PARTY DEPOSITS COURT
RESPONSIBLE REMEDIATION
MONEY INTO THE DETERMINES
PARTY TO TAKES PLACE
REGISTRY OF THE DAMAGES
FUND THE
COURT
PLAN
R.S. 30:29 C(5) R.S. 30:29 C(6)a

39. THE PROCESS
OPERATORS R.S. 30:29 C(1)
ADMITS
LIABILITY FOR
ALL DAMAGES
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN
FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH
CONTAMINATION SENT TO OOC ESTIMATED COSTS
AND AG
COURT
DETERMINES
R.S. 30:29 B(1) RESPONSIBLE
PARTY
R.S. 30:29 C(5)
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)
COURT EXCESS
RESPONSIBLE
ORDERS REMEDIATION
PARTY DEPOSITS COURT
RESPONSIBLE REMEDIATION FUNDS ARE
MONEY INTO THE DETERMINES
PARTY TO TAKES PLACE RETURNED TO
REGISTRY OF THE DAMAGES
FUND THE RESPONSIBLE
COURT
PLAN PARTY
R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)

40. Reality
LANDOWNER
FILES LAWSUIT
FOR
CONTAMINATION

41. Reality
LANDOWNER
FILES LAWSUIT
FOR
CONTAMINATION

42. Reality
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
FOR BEEN FILED IS
CONTAMINATION SENT TO OOC
AND AG
R.S. 30:29 B(1)

43. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
OPERATOR TO
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1)
FOR BEEN FILED IS
CONTAMINATION SENT TO OOC
AND AG
TRIAL ON
MERITS
R.S. 30:29 B(1)

44. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1)
FOR BEEN FILED IS
CONTAMINATION SENT TO OOC
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) REGULATORY

45. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) REGULATORY

46. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
TO OOC ALONG WITH
ESTIMATED COSTS
PLANS R.S. 30:29 C(1)
RECEIVED BY
COURT AND
OOC
LANDOWNER
OR OTHER
R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)

47. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
TO OOC ALONG WITH
ESTIMATED COSTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
PLAN AND GIVES
RECEIVED BY
ESTIMATE OF
COURT AND
REVIEW AND
OOC
COSTS TO
COURT
LANDOWNER
OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)

48. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
TO OOC ALONG WITH
ESTIMATED COSTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
OOC CONDUCTS PLAN AND GIVES
RECEIVED BY
PUBLIC HEARING ESTIMATE OF
COURT AND
ON THE PLAN(S) REVIEW AND
OOC
COSTS TO
COURT
LANDOWNER
R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)

49. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
TO OOC ALONG WITH
ESTIMATED COSTS
OOC SELECTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY
PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND
ON THE PLAN(S) REVIEW AND
COURT OOC
COSTS TO
COURT
LANDOWNER
R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)

50. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
R.S. 30:29 C(5) TO OOC ALONG WITH
ESTIMATED COSTS
COURT
SHALL
ADOPT PLAN
OOC SELECTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC
OF EVIDENCE COSTS TO
AGAINST COURT
IT LANDOWNER
R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)

51. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
R.S. 30:29 C(5) TO OOC ALONG WITH
ESTIMATED COSTS
COURT
SHALL
ADOPT PLAN
OOC SELECTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC
OF EVIDENCE COSTS TO
AGAINST COURT
IT LANDOWNER
R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COURT COSTS
ORDERS
RESPONSIBLE R.S. 30:29 C(1)
PARTY TO
FUND THE
PLAN
R.S. 30:29 C(5)

52. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
R.S. 30:29 C(5) TO OOC ALONG WITH
ESTIMATED COSTS
COURT
SHALL
ADOPT PLAN
OOC SELECTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC
OF EVIDENCE COSTS TO
AGAINST COURT
IT LANDOWNER
R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COURT COSTS
RESPONSIBLE
ORDERS PARTY DEPOSITS
RESPONSIBLE MONEY INTO THE R.S. 30:29 C(1)
PARTY TO REGISTRY OF THE
FUND THE COURT
PLAN
R.S. 30:29 C(5) R.S. 30:29 C(6)a

53. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
R.S. 30:29 C(5) TO OOC ALONG WITH
ESTIMATED COSTS
COURT
SHALL
ADOPT PLAN
OOC SELECTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC
OF EVIDENCE COSTS TO
AGAINST COURT
IT LANDOWNER
R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COURT COSTS
RESPONSIBLE
ORDERS PARTY DEPOSITS
REMEDIATION
RESPONSIBLE MONEY INTO THE
TAKES PLACE R.S. 30:29 C(1)
PARTY TO REGISTRY OF THE
FUND THE COURT
PLAN
R.S. 30:29 C(5) R.S. 30:29 C(6)a

54. Reality
LANDOWNER
SETTLES SUIT
GIVES CONSENT TO
REMEDIATION
OPERATOR TO
TAKES PLACE
REMEDIATE
ACCORDING TO
OPERATORS PLAN
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
R.S. 30:29 J(1) COURT REFERS
FOR BEEN FILED IS THE MATTER TO
CONTAMINATION SENT TO OOC THE DEPARTMENT
AND AG COURT
DETERMINES
TRIAL ON DAMAGES -
MERITS PRIVATE AND
R.S. 30:29 B(1) RESPONSIBLE
REGULATORY
PARTY SUBMITS PLAN
R.S. 30:29 C(5) TO OOC ALONG WITH
ESTIMATED COSTS
COURT
SHALL
ADOPT PLAN
OOC SELECTS
OOC REVIEWS
PLANS R.S. 30:29 C(1)
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC
OF EVIDENCE COSTS TO
AGAINST COURT
IT LANDOWNER
R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER
R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES
SUMBIT PLAN(S)
TO OOC/COURT
ALONG WITH
ESTIMATED
COURT EXCESS COSTS
RESPONSIBLE
ORDERS PARTY DEPOSITS REMEDIATION
REMEDIATION
RESPONSIBLE MONEY INTO THE
TAKES PLACE
FUNDS ARE R.S. 30:29 C(1)
PARTY TO REGISTRY OF THE RETURNED TO
FUND THE COURT RESPONSIBLE
PLAN PARTY
R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)

55. Proposed Solution to ACT 312
Regulatory “Other” Damages
Remediation Determination
Determination
Party DNR Approval of Private “Extra”
Admits Regulatory Plans Damages Remediation
Responsible Party
Determination
Jury
Decides Damages Regulatory
Determination Remediation
Determination
Regulatory
Damages
DNR Approval of
Private “Extra” Regulatory Plans
Damages Remediation

56. The Solution
LANDOWNER
FILES LAWSUIT
FOR
CONTAMINATION

57. The Solution
LANDOWNER
FILES LAWSUIT
FOR
CONTAMINATION

58. The Solution
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS
FOR BEEN FILED IS
CONTAMINATION SENT TO OOC
AND AG
R.S. 30:29 B(1)

59. The Solution
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS OPERATORS
FOR BEEN FILED IS ADMITS
CONTAMINATION SENT TO OOC LIABILITY FOR
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY

60. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
LANDOWNER NOTIFICATION
FILES LAWSUIT THAT SUIT HAS OPERATORS
FOR BEEN FILED IS ADMITS
CONTAMINATION SENT TO OOC LIABILITY FOR
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY

61. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY

62. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY
PLANS
RECEIVED BY
COURT AND
OOC
R.S. 30:29 C(1)

63. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
PLANS PARTIES
RECEIVED BY SUMBIT PLAN(S)
COURT AND TO OOC/COURT
OOC ALONG WITH
ESTIMATED
COSTS
R.S. 30:29 C(1)
R.S. 30:29 C(1)

64. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
OOC REVIEWS
PLANS PARTIES
PLAN AND GIVES
RECEIVED BY SUMBIT PLAN(S)
ESTIMATE OF
COURT AND TO OOC/COURT
REVIEW AND
OOC ALONG WITH
COSTS TO
ESTIMATED
COURT
COSTS
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

65. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
OOC REVIEWS
PLANS PARTIES
OOC CONDUCTS PLAN AND GIVES
RECEIVED BY SUMBIT PLAN(S)
PUBLIC HEARING ESTIMATE OF
COURT AND TO OOC/COURT
ON THE PLAN(S) REVIEW AND
OOC ALONG WITH
COSTS TO
ESTIMATED
COURT
COSTS
R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

66. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
DETERMINES
RESPONSIBLE
PARTY
LANDOWNER
OR OTHER
OOC REVIEWS
OOC SELECTS PLANS PARTIES
OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
COSTS TO
ESTIMATED
COURT
COSTS
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

67. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
R.S. 30:29 C(5) DETERMINES
RESPONSIBLE
PARTY
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)

68. R.S. 30:29.2
The Solution Defendant
limits admission
to regulatory
damages
R.S. 30:29 C(1)
LANDOWNER NOTIFICATION RESPONSIBLE
FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN
FOR BEEN FILED IS ADMITS TO OOC ALONG WITH
CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS
AND AG ALL DAMAGES
R.S. 30:29 C(1)
R.S. 30:29 B(1)
COURT
R.S. 30:29 C(5) DETERMINES
RESPONSIBLE
PARTY
COURT
LANDOWNER
SHALL
OR OTHER
ADOPT PLAN OOC REVIEWS
OOC SELECTS PLANS PARTIES
SENT BY OOC OOC CONDUCTS PLAN AND GIVES
PLAN AND RECEIVED BY SUMBIT PLAN(S)
UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF
SUBMITS TO COURT AND TO OOC/COURT
PREPONDERANCE ON THE PLAN(S) REVIEW AND
COURT OOC ALONG WITH
OF EVIDENCE COSTS TO
ESTIMATED
AGAINST COURT
COSTS
IT
R.S. 30:29 C(2) R.S. 30:29 C(2)
R.S. 30:29 C(1) R.S. 30:29 C(1)
R.S. 30:29 C(1)
COURT
ORDERS
RESPONSIBLE
PARTY TO
FUND THE
PLAN
R.S. 30:29 C(5)