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Eliminating Liberal Institutional Asymmetries
For now, the best way to advance conservatism is to eliminate liberal institutional asymmetries.
Less than a year after fleeing Californiaβs extreme environmental laws, Chevron now finds itself in a Louisiana courthouse defending itself against a $3 billion claim that World War II-era oil production caused erosion of the stateβs coast. The mastermind of the swampland stickup is a politically connected trial lawyer who has leveraged his ties with the stateβs Gov. Jeff Landry and Attorney General Elizabeth Murrillβboth Republicansβto lead a statewide fight to make oil and gas companies pay for exploration dating back to the 1940s. With friends like these, who needs Gavin Newsom?
On March 13, a jury in Plaquemines Parish heard opening arguments in a case seeking damages for the alleged environmental harm Texaco (now owned by Chevron) caused when it began drilling in the Bayou Gentilly oil fieldβin 1941. The case, orchestrated by plaintiffsβ attorney John Carmouche, will signal how juries will respond in the 40 other lawsuits that Mr. Carmoucheβs firm has brought to hold oil and gas companies liable for Louisianaβs coastal land loss. A plaintiffsβ verdict in Plaquemines Parish could lead to settlements in the billions in these other cases.
Such an outcome would be a boon to plaintiffsβ lawyers, but a disaster for Louisianaβs ability to lead the Trump administrationβs energy dominance agenda. In 2022 the New Orleans-based Pelican Institute estimated that Louisiana had 53 to 74 fewer oil wells and would lose between $44 million and $113 million dollars annually because of the litigation risk associated with the coastal lawsuits.
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