Riverkeeper v. Taylor Energy Co.

309 F.R.D. 381, 2015 U.S. Dist. LEXIS 106785, 2015 WL 4742404
District Court, E.D. Louisiana·Decided August 7, 2015·No. Civil Action No. 12-0337·Published·Cited by 6 cases

Opinion

ORDER

KAREN WELLS ROBY, United States Magistrate Judge.

Before the Court is a Third Motion Challenging Confidentiality (R. Doc. 180), filed by the Plaintiffs, Apalachicola River-keeper, Louisiana Environment Action Network, and Waterkeeper Alliance (collectively “Plaintiffs”). Plaintiffs’ Motion seeks to lift confidentiality designations made by the Defendant, Taylor Energy Company, LLC (“Taylor”). The Motion is opposed. See R. Doc. 205. The Motion was heard by oral argument on Wednesday, May 20, 2015.

I. Background

This is a citizen enforcement suit brought by the Plaintiffs pursuant to the Clean Water Act (“CWA”) and the Resource Conservation Recovery Act (“RCRA”). See R. Doc. 29, p. 1. Plaintiffs allege that during Hurricane Ivan in 2004, an underwater mudslide in the Gulf of Mexico toppled Taylor’s Mississippi Canyon 20 (“MC 20”) platform and damaged an undetermined number of wells owned by Taylor, which caused the wells to begin to [384]*384discharge oil. Id. at 2. In 2008, the U.S. Coast Guard established a Unified Command 1 to direct response efforts for the ongoing oil release. In addition to the U.S. Coast Guard, the Unified Command includes the Bureau of Safety and Environmental Enforcement (“BSEE”) and the Bureau of Ocean Energy Management (“BOEM”).

The Plaintiffs filed their original Complaint on February 2, 2012, alleging that Taylor has (i) violated the CWA for discharge of oil without a permit; (ii) violated the CWA for discharge of oil in violation of a permit; and (iii) violated the RCRA. See R. Doc. 1; see also R. Doc. 29, pp. 13-15. Plaintiffs also requested declaratory and injunctive relief, as well as an award of monetary damages made payable to the U.S. Treasury. R. Doc. 29, p. 15. The Plaintiffs filed a First Amended Complaint (R. Doc. 8) on March 3, 2012, and a Second Amended Complaint (R. Doc. 29) on June 8, 2012.

In the Second Amended Complaint, Plaintiffs allege that their members use and enjoy waters of the Gulf of Mexico, but Taylor’s discharge into the waters cause and contribute to the impairment of their members’ use and enjoyment of those waters. R. Doe. 29, p. 6. They allege that their members’ injuries are fairly traceable to Taylor’s failure to stop the discharge of oil from its well(s). Id. at 7. Attached to the Second Amended Complaint were affidavits from members of the Louisiana Environmental Action Network (R. Docs. 29-1, 29-2 and 29-5); the Lower Mississippi Riverkeeper (R. Doc. 29-2); the Waterkeeper Alliance (R. Docs. 29-2 and 29-6); and the Apalachicola Riverkeeper (R. Docs. 29-3 and 29-4). On June 26, 2012, Taylor filed a Motion to Dismiss the Second Amended Complaint arguing that the Plaintiffs lacked standing. See R. Doe. 37. On July 21, 2013, the presiding District Judge granted the motion in part and denied the motion in part. See R. Doc. 81. Taylors motion was granted as to the dismissal of the Plaintiffs’ claim that Taylor violated the CWA for discharge of oil in violation of a permit. Id. at 11. The District Judge found that Taylor did not hold a valid permit for the oil discharge at issue in this action. Id. As to the remaining claims, the District Judge denied Taylor’s motion to dismiss. Id. at 17. Accordingly, the remaining claims in this action allege that Taylor has (i) violated the CWA for discharge of oil without a permit and (ii) violated the RCRA

As to the instant Motion, the Plaintiffs have moved this Court to lift Taylor’s confidentiality designations for twenty-two (22) documents produced during discovery. See R. Doe. 180. Plaintiffs represent that Taylor has made the confidentiality designations pursuant to the consent Protective Order (R. Doc. 95) entered into on January 6, 2014, which defines confidential as information “relating to trade secrets and other confidential research, development, marketing, pricing, financial and commercial information, as well as information subject to confidentiality agreements between third parties.” See R. Doc. 95. Plaintiffs contend that Taylor has designated many documents confidential that do not qualify for that designation under the Protective Order and that the broad designations exceed the bounds intended by Federal Rule of Civil Procedure (“Rule”) 26(c).

II. Standard of Review

Rule 26(b)(1) provides that “[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense.” Fed.R.Civ.P. 26(b)(1). The Rule specifies that “[rjelevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Id. The discovery rules are accorded a broad and liberal treatment to achieve their purpose of adequately informing litigants in civil trials. Herbert v. Lando, 441 U.S. 153, 176, 99 S.Ct. 1635, 60 L.Ed.2d 115 (1979). Nevertheless, discovery does have “ultimate and [385]*385necessary boundaries.” Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978) (quoting Hickman v. Taylor, 329 U.S. 495, 507, 67 S.Ct. 385, 91 L.Ed. 451 (1947)). Furthermore, it is well established that the scope of discovery is within the sound discretion of the trial court. Burns v. Thiokol Chemical Corp., 483 F.2d 300 (5th Cir.1973).

The decision to enter a protective order is within the Court’s discretion. Thomas v. Int’l Bus. Mach, 48 F.3d 478, 482 (10th Cir.1995). Federal Rule of Civil Procedure 26(c) governs the issuance of protective orders. It provides in pertinent part:

A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending — or as an alternative on matters relating to a deposition, in the court for the district where the deposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.

Fed.R.Civ.P. 26(c)(1). Rule 26(c), however, contains a requirement that good cause be shown to support the issuance of a protective order, providing that “the burden is upon the movant to show the necessity of its issuance, which contemplates a particular and specific demonstration of fact as distinguished from stereotyped and eonclusory statements.” In re Terra Int’l,

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Riverkeeper v. Taylor Energy Co., 309 F.R.D. 381, 2015 U.S. Dist. LEXIS 106785, 2015 WL 4742404 (E.D. La. 2015).

309 F.R.D. 381 (Riverkeeper v. Taylor Energy Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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