Judge to decide fate of wetlands lawsuit

Judge to decide fate of wetlands lawsuit

NEW ORLEANS (WVUE) - Attorneys representing dozens of oil companies are making their case to have a lawsuit over wetlands loss thrown out.

In a courtroom filled with nearly 100 lawyers, Judge Nannette Jolivette-Brown is going through the issues one by one.

Those issues include whether or not the Southeast Louisiana Flood Authority has the right to proceed with a lawsuit against nearly 90 oil companies in spite of a retroactive Louisiana law called Act 544 which attempts to block the lawsuit.

Lead oil attorney Robert Meadows also argued that the Southeast Louisiana Flood Authority can't enforce the relief they are seeking without the permission of the Army Corps of Engineers.

The flood authority wants the oil companies to repair wetlands damage from decades of oil drilling.

Attorney Jim Swanson argues that says that the flood authority does have the right to sue claiming there is not a single case in the history of the world that says the Clean Water Act or the Safe Harbor Act pre-empts state claims.

Arguments over whether to dismiss the lawsuit will continue Wednesday.

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