§89.1. Credits for judgments or compromises
In the event an owner of a property interest in an oilfield site, or in other property
affected by oil or gas exploration, development, or production activities on an oilfield site,
obtains a final judgment from a court of competent jurisdiction, pursuant to the provisions
of this Title or any other law or regulation or any obligation whatsoever, including but not
limited to obligations imposed by contract or by law, or enters into a binding compromise,
which judgment or compromise awards damages or other relief for injury to the property
interest resulting from oil or gas exploration, development, or production activities on an
oilfield site, including but not limited to damages equivalent to the costs of site assessment
or restoration, or which judgment or compromise requires the performance of site
assessment, restoration, or any other operations or activities on an oilfield site, in any action,
judicial or administrative, by the state of Louisiana or any state agency to enforce any law
or regulation with regard to the consequences of the same oil or gas exploration,
development, or production activities on the same oilfield site, then solely to the extent that
a judgment or compromise after June 30, 2006, is shown to have been satisfied or discharged
by the actual performance of site restoration in accordance with the appropriate regulatory
standards of the Department of Energy and Natural Resources, office of conservation at a
minimum, or by actual site assessment, the party against whom the judgment was rendered,
or who is obligated by the compromise, shall be given full credit against the obligation
sought to be enforced by the state of Louisiana or any state agency, and the obligation shall
be reduced proportionately, in amounts equal to the portion of the judgment or compromise
paid, satisfied, or discharged or the costs of the performance of any site assessment,
restoration, or other operations or activities required by the judgment or compromise.
Acts 1995, No. 297, §1, eff. July 1, 1995; Acts 2006, No. 312, §1, eff. June 8, 2006;
Acts 2023, No. 150, §5, eff. Jan. 10, 2024.