Chat with Bob Marshall about coastal loss lawsuit from July 26, 2012 

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Live chat: Bob Marshall discusses coastal loss lawsuit against oil and gas companies

By Steve Myers, Managing editor of The Lens

Earlier this week, the Southeast Louisiana Flood Protection Authority-East filed a lawsuit blaming almost 100 companies for contributing to the disappearance of Louisiana’s wetlands by dredging thousands of miles of canals and extracting oil and gas.

As expected, the authority immediately found itself under political pressure, with Gov. Bobby Jindal demanding that it drop the suit.

The Lens’ Bob Marshall has looked into the legal and scientific basis of the lawsuit:

  • The heart of the case rests on a centuries-old legal principle called “servitude of drainage.” That doctrine stipulates that someone is liable for damages if he does something to increase the flow of water on another’s property. The courts have ruled the properties do not have to be contiguous.
  • The Flood Protection Authority claims that decades of drilling, dredging and extraction destroyed wetlands that once provided a cushion against hurricane storm surge. With that cushion reduced, storm surge has increased in the parishes under its jurisdiction, leading to a higher risk of flooding.
  • As a result, the Flood Protection Authority says it has to spend more to protect people and property in the metro area.
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