Officials set to argue representation of Terrebonne Parish in coastal litigation

Attorneys for the Terrebonne Parish Government and District Attorney Joe Waitz Jr. will argue whether Waitz can pursue the Parish's interests in a State lawsuit against oil companies in a Houma courtroom next month.

The courts originally sided with Waitz, but the Parish appealed in the First Circuit Court of Appeals on March 5, 2021, and it has been kicked back to Judge David Arceneaux's courtroom. A hearing is set July 7.

The Parish Government argues that Waitz lacks the authority to represent Terrebonne Parish in a lawsuit of this type as per local ordinances. Waitz maintains that he was appointed by Harris, is operating on the State's behalf to represent the Parish and create the damage model.

"They asked me to do it on behalf of the parish, so I guess that's where the legal mumbo jumbo comes in, because I am doing it on behalf of Terrebonne Parish, but the State's the one that appointed me. It's almost like a dual claim here," Waitz explained. He said state law dictates that he can represent the parish in this capacity, "There are four entities that can do it, the Attorney General, the [Louisiana Department of Natural Resources], I can, or the Parish."

Dozens of lawsuits filed between 2012 and 2017 by numerous other parishes argue that companies such as Chevron, Exxon Mobile and ConocoPhillips damaged the coast through the creation of service canals, disposal of hazardous waste and saltwater and other operations.

For his part, Waitz delegated the task of the models to two private attorneys, Charles Bourque and Stanwood Duval, neither of whom have received any payments, according to Waitz. If litigation is filed, and oil companies are found at fault, the law firms would be entitled to payment.

Waitz said the models are important because, without them, if the oil companies are found liable for any of the damages the State would have to determine how to divvy up the final amount without an accurate assessment of Terrebonne's damages, if any. He said he would like to see the Parish pursue the claim on its own.

"This is why I think it is important... if the Parish does it themselves, and there are monies that are recovered, it goes into Parish coffers to do on behalf of the Parish. If the State does it themselves it goes into a General Fund, where the Parish actually loses out on the actual use of the vast majority of funds," Waitz said. "That's where I am hoping at the end of the day that we can resolve it and Joe Waitz can present a big ole' fat check to the Parish and say, 'Here, look what I did for you, thank you, goodbye.' That's my ultimate goal."

Parish President Gordy Dove and the Terrebonne Parish Council have each said they do not wish to pursue litigation against oil companies. The Parish filed suit against Waitz to stop him from creating these models, and for signing off on a $100 million settlement with Freeport McMoRan on Terrebonne's behalf. The settlement protects Freeport McMoRan against future claims against the company.

"This is about who has the authority, Joe Waitz does not have the authority to sign or to sue oil companies or to go after oil companies,… he has no authority to do that, and he indemnified and held them harmless from lawsuits, he can't do that," Dove said. "Where did Joe come to the Council and get our "okay" to do that? He did not, but he signed the agreement anyway."

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The Parish Government has spent $611,680.34 since March of 2016 to review coastal use permits and on court costs against the Louisiana Department of Natural Resources, its Secretary Thomas Harris, Waitz, and local private attorneys who have been assisting him with the model. The model is to evaluate coastal damages allegedly caused by oil and gas exploration and other potential causes from their activities in the Gulf.

These payments are spread across six law companies: Hebert and Marceaux, Chris Erny, Patrick Yancey, Vincent Dagate and Michelle Neil.

"We will not sue corporate citizens because a bunch of trial lawyers are out there saying you should sue them," Dove said. Dove is soon to term out, and according to him, these lawsuits will long outlast him, "I believe this deal with Joe Waitz will be ended. I believe these oilfield lawsuits will go on for years to come."

If oil companies followed their permits correctly, Dove argued, they should not be held responsible for any damages. It was the State's fault for giving them permission.

Oil companies own roughly 65% of Terrebonne Parish and employ much of the citizens. Filing lawsuits against the companies threatened to drive them off, Dove said.

"Make sure you know what you are suing when you sue, is all I am going to say," he said. "Make sure you do your homework and be careful."

This article originally appeared on The Courier: Terrebonne judge to decide representation of Parish in coastal lawsuit