Please use this identifier to cite or link to this item: http://hdl.handle.net/123456789/74
Title: The Future of Claims Arising from Alleged Damage to Oil and Gas Reservoirs After Hayes Fund
Authors: Wise, Jon W.
Keywords: Hayes Fund; Oil and Gas
Issue Date: 2018
Citation: 64 Loy. L. Rev. 123
Abstract: The past decade has seen the development of a new type of landowner lawsuit. Landowners and mineral interest owners in Louisiana have asserted claims against oil and gas well operators seeking recovery of damages for alleged destruction of hydrocarbon reservoirs due to improper operation during exploration or production. Not surprisingly, these claims have arisen in the context of wells or fields that have produced most of their estimated reserves or have experienced a decline in or cessation of production. To date, the majority of the claims that progressed to litigation settled before trial.1 The only published decision, Hayes Fund et al. v. Kerr-McGee et al., went all the way up to the Louisiana Supreme Court (via the Louisiana Third Circuit Court of Appeal), where the trial court’s original finding of no liability for the defendant oil companies was reinstated in December 2015.2 The scope of the trial court ruling, however, left some of the factual and legal arguments raised by the landowners unresolved, particularly (1) how litigants can establish breach of the duty of the reasonably prudent operator standard in these types of cases, and (2) how to prove damage to a reservoir, as opposed to an individual well.
URI: http://hdl.handle.net/123456789/74
ISSN: 0192-9720
Appears in Collections:Law Review

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