The Louisiana Department of Wildlife and Fisheries, on its own behalf and on behalf of the Louisiana Wildlife and Fisheries Commission; and State of Louisiana ex rel. Louisiana Department of Wildlife and Fisheries v. Tennessee Gas Pipeline Co., L.L.C.; Gulf South Pipeline Co., LLC; Chevron U.S.A. Inc.; Chevron U.S.A. Holdings, Inc.; Discovery Gas Transmission, LLC; Southern Natural Gas Company, L.L.C.; Third Coast Montegut, LLC; and Texas Eastern Transmission, LP

THE LOUISIANA DEPARTMENT OF NO. 2024 CW 0603
WILDLIFE AND FISHERIES, ON PAGE 1 OF 2)
ITS OWN BEHALF AND ON BEHALF
OF THE LOUISIANA WILDLIFE
AND FISHERIES COMMISSION;
AND STATE OF LOUISIANA EX
REL. LOUISIANA DEPARTMENT

OF WILDLIFE AND FISHERIES

VERSUS

TENNESSEE GAS PIPELINE CO.,
L. L. C.; GULF SOUTH PIPELINE

CO., LLC; CHEVRON U. S. A.
INC.; CHEVRON U. S. A.
HOLDINGS, INC.; DISCOVERY
GAS TRANSMISSION, LLC;

SOUTHERN NATURAL GAS
COMPANY, L. L. C.; THIRD COAST SEPTEMBER 23, 2024
MONTEGUT, LLC; AND TEXAS
EASTERN TRANSMISSION, LP

In Re: Gulf South Pipeline Company, LLC, BBT Louisiana
Intrastate, LLC, Chevron Midstream Pipelines, LLC and

Chevron U. S. A. Holdings, Inc., Discovery Gas
Transmission, LLC,
Discovery Producer Services, LLC, and

DCP Operating Company, LP, Kinetica Energy Express, LLC,

Southern Natural Gas Company, L. L. C. and Tennessee Gas
Pipeline Company, L. L. C., Third Coast Montegut, LLC,
Texas Eastern Transmission, LP, applying for supervisory
writs, 17th Judicial District Court, Parish of

Lafourche, No. 145860.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The

portion of the district court' s May 27, 2024 judgment overruling
the dilatory exception of lack of procedural and the
capacity
peremptory exception of no right of action are reversed. While
the petition alleges the Department of Wildlife and Fisheries has
the attorney general' s permission, La. R. S. 49: 257( A) provides

that " the attorney general shall represent the state and all

departments and agencies of state government in all litigation
arising out of or involving tort or contract." ( Emphasis added.)
See La. Code Civ. P. art. 931. Moreover, Louisiana Code of Civil
Procedure Article 700 provides that when a plaintiff' s

qualification to sue as a legal representative is challenged via
dilatory exception, the " plaintiff shall prove his authority or
qualification on the trial of the exception."
Additionally,
Louisiana Code of Civil Procedure Article 855 states that the

capacity of a party to sue in a representative capacity is presumed
unless
challenged via dilatory exception. Plaintiff failed to
meet its burden of proving its authority to act on behalf of the
State of Louisiana and the Louisiana Wildlife and Fisheries
Commission and to act without the general' s
attorney
representation. Accordingly, the
dilatory exception of lack of
procedural capacity and the peremptory exception of no right of

STATE OF LOUISIANA

NO. 2024 CW 0603
PAGE 2 OF 2)

action are granted. This matter is remanded to the district court
with instructions to allow the Louisiana Department of Wildlife

and Fisheries an opportunity to amend its petition, if it can, to

remove the grounds of the objection. La. Code Civ. P. arts. 933
and 934. In all other respects, the writ application is denied.

MRT
WRC
CHH

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT