Greater New Orleans Expressway Commission v. Traver Oil Co.

494 So. 2d 1204, 1986 La. App. LEXIS 7658
CourtLouisiana Court of Appeal
DecidedSeptember 8, 1986
DocketNo. 86-C-338
StatusPublished
Cited by4 cases

This text of 494 So. 2d 1204 (Greater New Orleans Expressway Commission v. Traver Oil Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greater New Orleans Expressway Commission v. Traver Oil Co., 494 So. 2d 1204, 1986 La. App. LEXIS 7658 (La. Ct. App. 1986).

Opinions

DUFRESNE, Judge.

This Matter comes before us on an appeal from various judgments and amended judgments from the district court.

As per our Per Curiam issued August 5, 1986, we are consolidating the judgment of May 23, 1986, the amended judgment of May 30, 1986, the second amended judgment of June 5, 1986, and the amended judgment of August 13, 1986, into one appeal. Since we recognize that the Greater New Orleans Expressway Commission (GNOEC) considers that the development of oil production in the area poses a serious threat to the physical structure of the Causeway and we likewise are concerned with the safety and welfare of the public, we consolidated and expedited this matter to minimize the delays in appellate review.

The district judge granted a preliminary injunction prohibiting the drilling of a well in Lake Pontchartrain on State Lease 11982 except under certain enumerated restrictive and regulatory conditions, GNOEC has appealed these judgments. We affirm.

FACTS

Traver Oil Company (defendant), the holder of State Lease No. 11982, covering water bottoms in Lake Pontchartrain, has engaged in numerous drilling operations in the Lake. On December 3,1985, in accordance with the State Statutes governing same, Traver was granted a permit to drill a well at a point 2.2 miles north of the south shoreline of Lake Pontchartrain and 1338 feet west of the Lake Pontchartrain Causeway. Additionally, on November 26, 1985, the Department of Natural Resources, Coastal Management Division (DNR) issued to Traver a coastal use permit for the site. Pursuant to the provisions of R.S. 49:213.16(B), (C), the Greater New Orleans Expressway Commission (GNOEC) filed a petition for reconsideration. The DNR which had provided for some restrictions in the operations denied the petition for reconsideration. This prompted a suit against DNR and Traver under Docket No. 322-661 (not the present suit) in the 24th Judicial District Court. The United States Corps of Engineers issued its permit authorizing the operations on November 13, 1985.

[1206]*1206On January 21, 1986, the GNOEC filed a petition against Traver seeking, under the provisions of Civil Code Articles 667 and 2317 and Code of Civil Procedure Articles 74 and 3601, injunctive relief to prohibit: (1) the drilling of a well at the location for which the State had issued the drilling permit, and (2) prohibiting the drilling of any well within one mile on either side of the Causeway. Upon filing of the petition, a hearing for a preliminary injunction (a temporary restraining order was not applied for) was set for February 13,1986. Apparently, because the original permit issued by the U.S. Corps of Engineers had been suspended on February 6, 1986, by consent of the litigants the hearing on the preliminary injunction was delayed.

Then, in April 1986, the U.S. Corps of Engineers reinstated its permit but with eleven specific restrictions or requirements imposed on the operations within one mile of the Causeway.

Subsequently, a court hearing was held on May 15, 1986, and the trial court granted a preliminary injunction enjoining any operation until a plan could be implemented for the drilling by Traver Oil Co.

On May 23, 1986, the trial court signed the judgment which provided “The preliminary injunction granted by the court on May 15, 1986 be and is hereby continued” and then enjoined Traver, its employees, agents, contractors and sub-contractors engaged in the drilling of a well on State Lease # 11982 as permitted by the State from entering the one mile zone on either side of the Causeway except under specified conditions enumerated in the judgment.

On May 29, 1986, pursuant to the provisions of Code of Civil Procedure Article 3612, The GNOEC filed a motion for a suspensive appeal. On May 30, 1986, the trial judge denied the suspensive appeal, granted a devolutive appeal and set the return date for the appeal on July 15,1986. Additionally, the trial court amended its original judgment by changing some of the restrictions and/or requirements imposed on Traver, including a requirement that Traver make GNOEC a named insured under its policy.

A writ application was filed in this court on June 2, 1986. In this application, GNOEC contended the trial court erred in denying its request for a suspensive appeal and asked that the panel grant one or alternatively grant a stay order pending a hearing on the devolutive appeal. On June 3, 1986, the panel denied the issuance of a stay order, granted a writ of review and ordered the entire record and transcript of the hearing to be filed with this court on or before June 5, 1986.

The panel was further informed there were additional hearings in the trial court which had resulted in further modifications of the requirements or restrictions contained in the original trial court judgment.

The transcripts of these hearings were ordered to be filed with this court and oral arguments were set for August 5, 1986. On that date this panel issued the Per Curiam to consolidate all the judgments issued in this matter into one appeal.

On August 13, 1986, the District Court issued a further amended judgment which continued all previous orders of the court and granted Traver Oil Co. an additional six weeks to complete its production activities in Lake Pontchartrain on State Lease 11982.

GNOEC filed a motion to stay all maritime activities by Traver, pending the appeal before this court. We granted the stay requested until further orders.

ISSUES

The main issue for our concern in this consolidated appeal is whether or not the District Court erred in allowing drilling activity and oil production activity within one mile of the Greater New Orleans Causeway Bridge because such activity presents a direct and serious threat to public safety and welfare.

Further, the appellant has urged us to prohibit future drillings or oil production activities as such will result in irreparable harm to the public safety and welfare.

[1207]*1207Traver Oil Co. has “filed” an answer to the appeal and has presented arguments that the trial court lacked jurisdiction over these proceedings and that the GNOEC did not have a right of action in the matter. They have further urged that the trial judge erred in his judgment indicating that the drilling and oil production activities of Traver Oil Co. within the one-mile zone adjacent to the Causeway Bridge could cause damage to the safety of the Causeway and motorists using same.

Initially, we will consider the issues raised by the appellee in its answer and/or cross appeal (which we have never found in the record).

Traver cites La.R.S. 30:12 which vests exclusive jurisdiction to challenge the issuance of a drilling permit with the 19th Judicial Court for the Parish of East Baton Rouge, where the Department of Natural Resources is domiciled. We agree with GNOEC that this position lacks merit. GNOEC is not challenging the issuance of the drilling permit to Traver but is challenging the alleged dangerous commercial marine operations within one mile of the Causeway Bridge.

The wording of La.R.S. 30:12 provides that the suit be brought against the assistant secretary (office of conservation) as defendant. The Third Circuit in Theriot v. Mermentau Resources, Inc. 385 So.2d 939 (La.App. 3rd Cir.1980) held that the lawsuit was an attack on the permit issued by the Commissioner of Conservation and that under R.S.

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Bluebook (online)
494 So. 2d 1204, 1986 La. App. LEXIS 7658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greater-new-orleans-expressway-commission-v-traver-oil-co-lactapp-1986.