If a qualifying judgment or compromise about oilfield-site injury is satisfied by restoration or site assessment, the state or a state agency must give the affected party full credit and reduce the enforced obligation proportionately.
§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 Conservation and Energy, 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.