State of Louisiana, Ex Rel. Justin Dale Tureau v. BEPCO, L.P., BOPCO, L.P., Chevron U.S.A., Inc., Chisolm Trail Ventures, L.P., and Hess Corporation, A Delaware Corporation

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2020 CA 0595

STATE OF LOUISIANA, EX REL. JUSTIN DALE TUREAU

VERSUS

BEPCO, L.P., BOPCO, L.P., CHEVRON U.S. A. INC., CHISOLM
TRAIL VENTURES, L.P. AND HESS CORPORATION, A
DELAWARE CORPORATION

W_
Consolidated with
fwl
tw 11

2020 CA 0596

STATE OF LOUISIANA, EX REL. JUSTIN DALE TUREAU

VERSUS

BEPCO, L.P., BOPCO, L.P., CHEVRON U. S. A. INC., CHISOLM
TRAIL VENTURES, L.P. AND HESS CORPORATION, A
DELAWARE CORPORATION

Judgment Rendered: OCT 0 7 2021

On Appeal from the
19th Judicial District Court
In and for the Parish of East Baton Rouge
State of Louisiana
Trial Court No. 661482

i
Honorable Timothy E. Kelley, Judge Presiding

Nolkrdge I S. Conc..-. r5 w,
il— « a. 50n S .
b, C14 4
49,., - dissents in earfi OL w, 1h reasons
a„ COnCWrS ; n Part

Michael R. Phillips Attorneys for Plaintiff -Appellee
Louis M. Grossman Chevron U.S. A., Inc.
Claire E. Juneau
Claudia Carrizales
New Orleans, Louisiana

Charles S. McCowan, III
L. Victor Gregoire
Richard D. McConnell, Jr.
John C. Funderbunk
Kristi D. Obafunwa
Baton Rouge, Louisiana

Loulan J. Pitre, Jr. Attorneys for Plaintiffs -Appellees
Aimee Williams Hebert Chisolm Trail Ventures, L.P. &
Jane A. Jackson BEPCO, L.P.
New Orleans, Louisiana

Jonathan A. Hunter Attorneys for Plaintiff A
- ppellee
Robert B. McNeal Hess Corporation
Elizabeth S. Wheeler
Kelly Brechtel Becker
Erin E. Bambrick
New Orleans, Louisiana

Michael P. Cash Attorneys for Plaintiff A
- ppellee
Houston, Texas BOPCO, L.L.C.

Jamie D. Rhymes
Hunter A. Chauvin
Lafayette, Louisiana

Donald T. Carmouche Attorneys for Defendant -Appellant
Victor L. Marcello Justin Dale Tureau
John H. Carmouche
William R. Coenen, III
Brian T. Carmouche
Todd J. Wimberley
Ross J. Donnes
D. Adele Owen
Caroline H. Martin
Christopher D. Martin
Michael L. Heaton
Baton Rouge, Louisiana

Jerold Edward Knolls, Sr.
Marksville, Louisiana

BEFORE: McDONALD, THERIOT, HOLDRIDGE,
WOLFE, AND HESTER, JJ.

2

THERIOT, J.

Plaintiff -landowner, Justin Dale Tureau, appeals two judgments of the trial

court that sustained peremptory exceptions raising the objection of res judicata filed

by defendant, Hess Corporation, and adopted by defendant, Chevron U.S. A., Inc.

For the following reasons, we reverse both the January 3, 2020 and January 13, 2020

trial court judgments.

FACTS AND PROCEDURAL HISTORY

On July 23, 2013, Justin Tureau, along with two other landowner plaintiffs,

filed a legacy lawsuit' in the 12th Judicial District Court, alleging that they owned

three separate, but contiguous, tracts of land in Avoyelles Parish that were

contaminated or otherwise damaged by previous oil and gas exploration and

production activities. Hess was one of several defendants named in the suit. The

suit was removed to the United States District Court for the Western District of

Louisiana (" the Western District"), where it was severed into three separate actions,

with each plaintiff proceeding separately.

Thereafter, Tureau filed a " First Supplemental and Amending Complaint,"

adding Chevron as a defendant. Tureau' s claims against Hess were dismissed by the

Western District in a judgment signed on August 22, 2016, under the subsequent

purchaser doctrine as defined in Eagle Pipe and Supply, Inc. v. Amerada Hess

Corp., 2010- 2267, p. 8 ( La. 10/ 25/ 11), 79 So. 3d 246, 256- 57. ( This matter is

2
hereafter referred to as " Tureau I.")

1
Legacy litigation is brought by landowners, seeking to require oil and gas companies to pay for
restoration of land that has been environmentally compromised. These types of actions are known
as " legacy litigation"
because they often arise from operations conducted many decades ago,
leaving an unwanted " legacy" in the form of actual or alleged contamination. Loulan Pitre, Jr.,
Legacy Litigation" and Act 312 of2006, 20 Tul. Envt. L.J. 347, 34 ( Summer 2007).

2 Tureau v. Hess Corp., 16- 30970 ( 5th Cir. July 19, 2017), 2017WL5952262.

3

After his suit was dismissed, Tureau wrote an August 31, 2016 letter in

accordance with La. R. S. 30: 16 to the Commissioner of Conservation for the State

of Louisiana, alleging violations of Statewide Order 29- B3 on his property. The

letter stated that if the commissioner' s office did not take action within ten days, he

planned to sue the responsible parties for injunctive and other appropriate relief. On

September 27, 2016, Tureau sent a second letter reiterating his request that the

commissioner file suit under La. R.S. 30: 14 and again stating that he would file suit

under La. R.S. 30: 16 should the commissioner elect not to do so.

After the commissioner did not file suit against the responsible parties within

ten days, Tureau filed a " Petition for Damages" in the 12th Judicial District Court

under La. R.S. 30: 16 for violations of Statewide Order 29- 13, naming as petitioner

the State of Louisiana ex rel. Justin Dale Tureau. The suit was removed to the

Western District on diversity of citizenship grounds, and thereafter was voluntarily

dismissed by Tureau ( This matter is hereafter referred to as " Tureau II")

On September 14, 2017, Tureau filed the present action, a " Petition for

Injunctive Relief and For Costs and Attorneys Fees," in the 19th Judicial District

Court. This petition, like Tureau II, was filed by Tureau pursuant to La. R.S. 30: 16

for violations of Statewide Order 29- 13, with "The State of Louisiana ex rel. Justin

Dale Tureau" named as petitioner. ( This matter is hereafter referred to as " Tureau

III.") In this petition, Tureau alleged that two tracts of land he owned in Avoyelles

Parish were contaminated by the oil and gas exploration and production activities of

multiple defendants, including both Hess and Chevron. Tureau sought an injunction

ordering remediation of his property and restraining the defendants from further

violating Statewide Order 29- 13, as well as costs and attorney fees.

3 Statewide Order 29- B is a Department of Natural Resources regulation that " require[ s] the

registration and closure of existing unlined oilfield pits" and that " various enumerated

contaminants in the soil be remediated to certain standards." Marin v. Exxon Mobil Corp., 2009-
2368, p. 4 ( La. 10/ 19/ 10), 48 So. 3d 234, 240.

Tureau III was removed to United States District Court for the Middle

District of Louisiana on diversity jurisdiction grounds, but was transferred to the

Western District. The Western District determined that diversity jurisdiction

existed, but ultimately remanded the matter back to the 19th Judicial District Court

on abstention grounds under the Burford doctrine, finding the novel claims raised

concerned a unique state statutory scheme designated to address interests that are

uniquely important to the state. 4 Tureau v. BEPCO, L.P., 404 F. Supp.3d 993, 1002

W.D. La. 2019).

After the matter was remanded to the 19th Judicial District Court, Hess filed

a peremptory exception raising the objection of res judicata, contending that the final

judgment rendered in Tureau I involved the same parties, as well as the same

transaction or occurrence, as Tureau' s petition in Tureau III. Hess and Chevron

also filed peremptory exceptions raising the objection of prescription. In its

exception of prescription,
Chevron also adopted Hess' s exception raising the

objection of res judicata.

The defendants' exceptions of res judicata and prescription came before the

trial court for a hearing on December 17, 2019. After the hearing, the trial court

orally granted the defendants' exception of res judicata. On January 3, 2020, the

trial court signed a judgment in conformance with its oral ruling, sustaining Hess' s

exception of res judicata, denying Hess' s exception of prescription as moot, and

dismissing all of Tureau' s claims against Hess with prejudice. On January 13, 2020,

the trial court signed a judgment sustaining Chevron' s exception of res judicata,

denying Chevron' s exception of prescription as moot, and dismissing all of Tureau' s

claims against Chevron with prejudice. It is from these judgments that Tureau

4 See Burford v. Sun Oil Co., 319 U. S. 315, 318, 63 S. Ct. 1098, 87 L.Ed. 1424 ( 1943).

5

appeals,
contending that the trial court erred in sustaining the defendants' res

judicata exceptions.

LAW AND ANALYSIS

Res judicata bars re -litigation of a subject matter arising from the same

transaction or occurrence as a previous suit. Avenue Plaza, L.L.C. v. Falgoust, 96-

0173, p. 4 ( La. 7/ 2/ 96), 676 So. 2d 1077, 1079; see also La. R.S. 13: 4231. It promotes

judicial efficiency and final resolution of disputes. Terrebonne Fuel & Lube, Inc.

v. Placid Refining Co., 95- 0654, 95- 0671, pp. 11- 12 ( La. 1/ 16/ 96), 666 So. 2d 624,

631. Louisiana Revised Statutes 13: 4231, which sets forth the general principles

regarding res judicata, provides as follows:

Except as otherwise provided by law, a valid and final judgment is
conclusive between the same parties, except on appeal or other direct
review, to the following extent:

1) If the judgment is in favor of the plaintiff, all causes of action
existing at the time of final judgment arising out of the transaction
or occurrence that is the subject matter of the litigation are
extinguished and merged in the judgment.

2) If the judgment is in favor of the defendant, all causes of action

existing at the time of final judgment arising out of the transaction
or occurrence that is the subject matter of the litigation are
extinguished and the judgment bars a subsequent action on those
causes of action.

3) A judgment in favor of either the plaintiff or the defendant is
conclusive, in any subsequent action between them, with respect to
any issue actually litigated and determined if its determination was
essential to that judgment.

The chief inquiry is whether the second action asserts a cause of action that

arises out of the transaction or occurrence that was the subject matter of the first

action. Avenue Plaza, L.L.C., 96- 0173 at p. 6, 676 So. 2d at 1080. The Louisiana

Supreme Court has also emphasized that all of the following elements must be

satisfied in order for res judicata to preclude a second action: ( 1) the judgment is

valid; ( 2) the judgment is final; ( 3) the parties are the same; ( 4) the cause( s) of action

asserted in the second suit existed at the time of final judgment in the first litigation;

G

and ( 5) the cause( s) of action asserted in the second suit arose out of the transaction

or occurrence that was the subject matter of the first litigation. Burguieres v.

Pollingue, 2002- 1385, p. 8 ( La. 2/ 25/ 03), 843 So. 2d 1049, 1053. The parties are the

same for purposes of res judicata only when they appear in the same capacities in

both suits. Burguieres, 2002- 1385 at p. 10, 843 So.2d at 1054.

The burden of proving the facts essential to support the objection of res

judicata is on the party pleading the objection. If any doubt exists as to the

application of res judicata, the objection must be overruled and the second lawsuit

maintained. Landry v. Town of Livingston Police Dept., 2010- 0673, p. 5 ( La.App.

1 Cir. 12/ 22/ 10), 54 So. 3d 772, 776.

When, as here, an objection of res judicata is raised before the case is

submitted and evidence is received on the objection, the standard of review on appeal

is traditionally manifest error. Leray v. Nissan Motor Corp. in U.S.A., 2005- 2051,

p. 5 ( La.App. 1 Cir. 11/ 3/ 06), 950 So. 2d 707, 710. However, the res judicata effect

of a prior judgment is a question of law that is reviewed de novo. Pierrotti v.

Johnson, 2011- 1317, p. 9 ( La.App. 1 Cir. 3/ 19/ 12), 91 So. 3d 1056, 1063. The issue

here is the trial court' s legal conclusion that the parties are the same in Tureau I and

Tureau III. Therefore, we will conduct a de novo review to determine if the trial

court was legally correct in sustaining defendants' res judicata exceptions.

The parties do not dispute that the first two elements of res judicata, i.e., a

judgment that is both valid and final, were satisfied by the judgment signed on

August 22, 2016, in Tureau I. However, Tureau contends that the third element of

res judicata, which requires that the parties are the same, does not exist in this matter.

Specifically, Tureau argues that his appearance in this suit is on behalf of the

commissioner under La. R. S. 30: 16 and not in the same capacity as Tureau I

wherein he was pursuing his own claims.

7

Louisiana Revised Statutes 30: 14, titled " Suit by commissioner for violation

of law; venue; relief obtainable," places on the commissioner the duty to sue to

restrain a violation or threatened violation of Louisiana' s oil and gas regulations or

orders made thereunder. Louisiana Revised Statutes 30: 16 allows a person in

interest to notify the commissioner of a violation or threatened violation and request

that the commissioner sue to enjoin the violation. If the commissioner fails to act,

the person in interest may seek injunctive relief to prevent further violations.

However, if the suit is successful and the court holds that injunctive relief should be

granted, the commissioner shall be made a party and shall be substituted for the

person who brought the suit, and the injunction shall be issued as if the commissioner

had at all times been the complaining party. Specifically, La. R.S. 30: 16, titled " Suit

by party in interest upon commissioner' s failure to sue," provides:

If the commissioner fails to bring suit within ten days to restrain a
violation as provided in R.S. 30: 14, any person in interest adversely
affected by the violation who has notified the commissioner in writing
of the violation or threat thereof and has requested the commissioner to
sue, may bring suit to prevent any or further violations, in the district
court of any parish in which the commissioner could have brought suit.
If the court holds that injunctive relief should be granted, the

commissioner shall be made a party and shall be substituted for the
person who brought the suit and the injunction shall be issued as if the
commissioner had at all times been the complaining party.

Tureau argues that his claims in Tureau III are brought under La. R.S. 30: 16

as a " person in interest" seeking a judgment in favor of the commissioner, and not in

his own favor like his claims in Tureau I. In so arguing, Tureau points out that the

statute mandates that the commissioner " shall be made a party" to the suit if an

injunction is granted and that the " injunction shall be issued as if the commissioner

had at all times been the complaining party." Thus, Tureau contends that he would

be retroactively made a non-party should an injunction issue.

While this matter was pending on appeal, a separate panel of this court

addressed this identical issue in State ex rel. Guilbeau v. BEPCO, L.P., 2020- 0429

E

La.App. 1 Cir. 9/ 20/ 21), So. 3d . In addressing the applicability of the

doctrine of res judicata to suits by a person in interest pursuant to La. R.S. 30: 16, the

State ex rel. Guilbeau court stated:

In bringing his administrative enforcement action pursuant to La.
R.S. 30: 16, Guilbeau is seeking relief to which only the Commissioner
is entitled. In fact, La. R.S. 30: 14 and 30: 16 make clear that the right
to obtain an injunction restraining the continued violation of the laws
of this state with respect to oil or gas, or both, lies with the
Commissioner. Louisiana Revised Statute[ s]
30: 16 permits any
person in interest adversely affected by the violation" to enforce the
rights afforded the Commissioner pursuant to La. R.S. 30: 14 to bring
such an action if the interested party notifies the Commissioner and the
Commissioner fails to act. However, La. R.S. 30: 16 is clear that the
action must be brought in the district court of any parish in which the
Commissioner could have brought suit. It further provides that if
injunctive relief is granted, the Commissioner shall be made a party and
shall be substituted for the person who brought the suit and the
injunction shall be issued as if the Commissioner had at all times been
the complaining party.

Therefore, according to the plain language of La. R.S. 30: 14 and
30: 16, in bringing his action pursuant to La. R. S. 30: 16, Guilbeau is
pursuing claims that belong to the Commissioner and for which only
the Commissioner is entitled to relief. As such, Guilbeau is
representing the rights of the Commissioner. Conversely, in Guilbeau
I, Guilbeau was pursuing property damage claims on his own behalf
and for which he was seeking to recover damages owed to him.
Accordingly, because Guilbeau is not appearing in the same capacity in
the instant action as he was in Guilbeau I, we find that the trial court
erred in sustaining Hess' s exception raising the objection of res
judicata.See Burguieres, 02- 1385 at p. 9, 843 So.2d at 1054.

State ex rel. Guilbeau, 2020- 0429, p. 12, So. 3d ,

Based on the holding of this court in State ex rel. Guilbeau, we find that

Tureau is not appearing in the same capacity in the instant action as in Tureau I. As

such, Tureau' s claims brought pursuant to La. R.S. 30: 16 are not barred by the

doctrine of res judicata, and the trial court erred in sustaining Hess' s and Chevron' s

exceptions raising the objection of res judicata. State ex rel. Guilbeau, 2020- 0429

E

at p. 10- 12, --- So. 3d ---, ---. As such, we reverse the January 3, 2020 and January

13, 2020 trial court judgments sustaining the exceptions of res judicata.'

CONCLUSION

For the foregoing reasons, the January 3, 2020 judgment, sustaining Hess' s

exception of res judicata, and the January 13, 2020 judgment, sustaining Chevron' s

exception of res judicata, are reversed. Appeal costs shall be divided equally

between Hess Corporation and Chevron U.S. A., Inc.

JANUARY 3, 2020 JUDGMENT AND JANUARY 13, 2020 JUDGMENT

REVERSED.

Additionally, we note that there is no judgment in the record from Tureau I, dismissing Tureau' s
claims against Chevron. The cornerstone of res judicata is a valid and final judgment. Jones v.
Northlake Disposal Services, Co., 2002- 0076, p. 4 ( La.App. 1 Cir. 12/ 31/ 02), 836 So. 2d 1140,
1142. The burden of proof is on Chevron, as the party pleading the exception, to establish the
essential facts to sustain an exception of res judicata; thus, it was incumbent on Chevron to
introduce a valid final judgment into the record. See Bond v. Bond, 35, 971, pp. 3- 4 ( La.App. 2d
Cir. 4/ 3/ 02), 813 So. 2d 1148, 1150. Without the final judgment in evidence, Chevron could not
meet its burden of proof on the exception and the court erred in sustaining Chevron' s exception of
res judicata. Nevertheless, since we have reversed the judgment sustaining Chevron' s exception
of res judicata, this error is of no consequence.

10

STATE OF LOUISIANA, NO. 2020 CA 0595
EX REL. JUSTIN DALE TUREAU
COURT OF APPEAL
VERSUS
FIRST CIRCUIT
BEPCO, L.P., BOPCO, L.P.,
CHEVRON U.S. A. INC., STATE OF LOUISIANA
CHISOLM TRAIL VENTURES,
L.P. AND HESS CORPORATION,
A DELAWARE CORPORATION

Consolidated with

STATE OF LOUISIANA, NO. 2020 CA 0596
EX REL. JUSTIN DALE TUREAU
COURT OF APPEAL
VERSUS
FIRST CIRCUIT
BEPCO, L.P., BOPCO, L.P.,
CHEVRON U.S. A. INC., STATE OF LOUISIANA
CHISOLM TRAIL VENTURES,
L.P. AND HESS CORPORATION,
A DELAWARE CORPORATION

HOLDRIDGE, J., concurring.

I will respectfully concur in the result in this case. I agree with the

majority' s holding that the trial court erred in granting the peremptory exceptions

raising the objection of res judicata as to Hess' s and Chevron' s claims for

injunctive relief. I disagree with the majority' s opinion wherein it adopted the

language from State ex rel. Guilbeau v. BEPCO, L.P., 2020- 0429 ( La. App. 1

Cir. 9/ 20/ 21), So. 3d . Rather, I agree with the dissent. At this stage

of the proceedings, Tureau is seeking relief on his own behalf. Under La. R. S.

30: 16, the commissioner is not made a party until injunctive relief is granted. (" If

the court holds that injunctive relief should be granted, the commissioner shall be

made a party and shall be substituted for the person who brought the suit and the

injunction shall be issued as if the commissioner had at all times been the

complaining party.") Therefore, until the injunctive relief is granted, the plaintiff

is in his individual capacity and the res judicata objection would be proper. This is

made obvious by the plaintiff's individual request for attorney' s fees and costs.

However, in this unique case, whether the exceptions raising the objection of res

judicata should be sustained as to the claim for injunctive relief cannot be

determined until after the trial.' Therefore, I agree with the majority opinion that

the trial court' s ruling granting the objections of res judicata should be reversed.

Under the provisions of La. R.S. 30: 16, the objections should be referred to the

merits since it is impossible to determine the identity of the plaintiff until the trial

court determines whether injunctive relief should be granted. Under the highly

unusual provisions of La. R.S. 30: 16, the identity of the plaintiff may change
dependent upon the result of the trial.

However, in addition to injunctive relief, Tureau sought to recover

attorney' s fees and costs in this suit for injunctive relief. Under La. R.S. 13: 4231,

a valid and final judgment is conclusive between the same parties ...
to the following extent:

2) If the judgment is in favor of the defendant, all causes of
action existing at the time of final judgment arising out of the
transaction or occurrence that is the subsequent matter of the litigation
are extinguished and the judgment bars a subsequent action on those
causes of action.

The parties do not dispute that the prior judgment in Tureau I is both final

and valid.
As stated above, the party in this case may change from Tureau to the

commissioner after the trial. Therefore, granting the objection of res judicata is not

proper at this time as to the request for injunctive relief. However, in this case, the

plaintiff has also brought his own claim for attorney' s fees and costs. Therefore,

1 The trial court has discretion under La. C. C. P. art. 929 to refer a peremptory exception pleaded
before an answer to the trial on the merits as a function of judicial efficiency. See Short v.
Griffin, 1995- 0680 ( La. 6/ 16/ 95), 656 So. 2d 635, 636; Jimerson v. Majors, 51, 097 ( La. App. 2
Cir. 1/ 11/ 17), 211 So. 3d 651, 659. Moreover, under Uniform District Court Rule 9. 8( e)

pertaining to motions and exceptions referred to the merits, if a party filing an exception wishes
to refer it to the merits, the party shall file an unopposed motion asking that it be referred to the
merits. Rule 9. 8( e) then states, " If the court finds that the interests of justice would be served by

referring the motion or exception to the merits, the court may do so."

2

we must also inquire as to whether the action for attorney' s fees and costs

requested by Tureau in this case arises out of the same occurrence as the subject

matter of the prior litigation. Otherwise, Tureau may be maintained as the plaintiff

and obtain a judgment for attorney' s fees and costs which would be barred by res
judicata. Clearly, Tureau could have filed his action for injunctive relief on behalf

of the commissioner in the same action as his claim for damages. In all cases not

governed by La. R.S. 30: 16, the action for injunctive relief and attorney' s fees and

costs would necessarily have been filed with any action for damages in order not to

be subject to the objection of res judicata since all of parties would be the same and

all actions would arise out of the same occurrence. To the extent that Tureau' s

request for attorney' s fees and costs existed at the time the final judgment was

rendered in the previous case and arose from the same occurrence that is the

subject matter of this litigation, his request for attorney' s fees and costs in this

action may be barred by res judicata in accordance with La. R.S. 13: 4231.

Therefore, I would allow the defendants an opportunity to urge an exception

raising the objection of res judicata as to the plaintiff' s claim for attorney' s fees

and costs. Even though this would be a partial grant of res judicata, it is proper in

this case when the plaintiff may or may not change depending on the result of the

trial.

ki

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2020 CA 0595

STATE OF LOUISIANA, EX REL. JUSTIN DALE TUREAU

VERSUS

BEPCO, L.P., BOPCO, L.P., CHEVRON U.S. A. INC., CHISOLM
TRAIL VENTURES, L.P. AND HESS CORPORATION, A
DELAWARE CORPORATION

Consolidated with

2020 CA 0596

STATE OF LOUISIANA, EX REL. JUSTIN DALE TUREAU

VERSUS

BEPCO, L.P., BOPCO, L.P., CHEVRON U.S. A. INC., CHISOLM
TRAIL VENTURES, L.P. AND HESS CORPORATION, A
DELAWARE CORPORATION

HESTER, J. dissenting in part and concurring in part.

I respectfully disagree with the majority' s opinion reversing the district court' s
1
j/
granting of the exception of res judicata in favor of Hess. At this point in the litigation,

like in Tureau I, Tureau is the plaintiff and all of the elements of res judicata are met.

In this very case, the United States District Court for the Western District of Louisiana

found that La. R.S. 30: 16 does not authorize Tureau to bring a suit ex rel. in the name

of the state, rather than on his own behalf, and held that the state was improperly made

a party and has no real interest in the action. Louisiana ex rel. Tureau v. Bepco,

L.P., 2018 WL 6843512 ( W.D. La. Oct. 15, 2018). In so ruling, the Western District

pointed to Watson v. Arkoma Dev., LLC., 2017- 1331, 2018 WL 1311208, at * 2

W.D. La. Feb. 5, 2018), which found that La. R.S. 30: 16 does not provide that an

interested person may sue on behalf of or in the name of the state, only that they may
sue where the notice conditions are met.

Tureau is not pursuing relief on behalf of the state or commissioner; he is

seeking an injunction and remediation of property owned solely by him, as well as

attorney fees and costs. As this matter has proceeded, Tureau has argued all of the

exceptions, and if this matter were to continue, it would be Tureau involved in

discovery, settlement negotiations, trial preparation, and trial presentation.

Respectfully, it would be inefficient to proceed with a full trial involving complex

issues based on a contingency that the commissioner may be substituted as a party at

the end of the litigation when Tureau owns the property at the center of the litigation,

has a pecuniary interest in the outcome of the action, and is the party to whom alone

the relief sought inures and in whose favor a decree for the plaintiff will effectively
operate. See Missouri, K. & T. Ry. Co. of Kansas v. Hickman, 183 U.S. 53, 60, 22

S. Ct. 18, 21, 46 L.Ed. 78 ( 1901). Therefore, I would affirm the judgment of the trial

court sustaining Hess' s peremptory exception raising the objection of res judicata.

As to Chevron' s res judicata exception, as pointed out by the majority, there is

no judgment in the record from Tureau I, dismissing Tureau' s claims against

Chevron.' Without the final judgment in evidence, Chevron could not meet its burden

of proof on the exception. See Bond v. Bond, 35, 971 ( La. App. 2d Cir. 4/ 3/ 02), 813

So. 2d 1148, 1150. Accordingly, I concur with the portion of the majority opinion

reversing the judgment sustaining Chevron' s peremptory exception raising the

objection of res judicata.

1 Chevron adopted Hess Corporation' s res judicata exception pursuant to La. Code Civ. P. art. 853
in its exception of prescription. Therefore, Chevron' s evidence attached to its exception and offered
into evidence addressed prescription rather than res judicata, and did not include a final judgment
from Tureau I.