George Mason University Antonin Scalia Law School

Louisiana Land Loss Lawsuits Head to SCOTUS: Examining the Underlying Claims in Chevron v. Plaquemines Parish and Related Cases

Event Details

  • Date: –
  • Division: Civil Justice Academy

On June 16, 2025, the U.S. Supreme Court granted the petition for certiorari in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., Nos. 23-30294, 23-30422, agreeing to decide during October Term 2025 whether defendant energy producers are entitled to remove the cases filed in state courts to a federal forum to resolve the nature of their federal rights and immunities as federal contractors.

Background

Since 2013, local Louisiana parishes have filed forty-three lawsuits alleging that energy company activities associated with energy production caused harm by, among other things, dredging and maintaining a network of canals to access wells located on coastal or marsh lands and to transport resources to serve federal contracts and the energy needs of the region. These lawsuits, which have lingered in one stage or another in the state courts, seek damages and remediation funding for coastal land loss and increased hurricane vulnerability.

Many of the alleged wrongful acts targeted were conceived, authorized, and paid for by state, local, and federal authorities. Oftentimes, the energy producers being sued were conducting activities on Louisiana coastlands as direct federal contractors, supporting the military capabilities of the United States during World War II, especially in the provision of refined gas. Consequently, they have tried to remove the state cases, but federal district courts have largely remanded. These cases raise serious concerns regarding the scope of tort law; federal preemption; due process and retroactivity; traceability; causation and attribution; the proper role and ethical responsibilities of government litigators; and separation of powers; and the limits of the judiciary; among others.

Watch This Important Discussion of the Underlying Claims

This webinar brought together a group of experts who have closely followed these cases and who will examine the underlying claims in the lawsuits, their implications, and the questions SCOTUS will consider in the case before it.

Continue scrolling to learn about our panelists.

James Baehr,
Special Counsel, Pelican Institute for Public Policy

James Baehr is Special Counsel at the Pelican Institute for Public Policy, where he litigates constitutional cases in Louisiana and the Fifth Circuit. He serves as a Lieutenant Colonel in the Marine Corps Reserves, where he drills as a reserve trial military judge. He previously served at the White House Domestic Policy Council as a Special Assistant to the President.

Mike Fragoso,
Partner, Torridon Law PLLC

Mike Fragoso is a seasoned legal and policy strategist. Most recently he served as chief counsel to Senator Mitch McConnell. He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.

Melissa Landry,
Director of the Pelican Center for Energy, Pelican Institute for Public Policy

Melissa Landry serves as Director of the Pelican Center for Energy at the Pelican Institute for Public Policy. Landry joined Pelican in 2025 as a veteran policy analyst, communication strategist, and fundraiser with nearly 20 years of experience working with Fortune 500 companies, trade associations, and non-profit organizations on a wide range of issues, including energy policy, legal reform, and education freedom.

Michael R. Williams,
Solicitor General, Office of the Attorney General of West Virginia

Michael Williams is the Solicitor General for the State of West Virginia. In that role, Michael represents the State in appeals before state and federal courts, including the U.S. Supreme Court. Michael also coordinates strategic affirmative litigation on the State’s behalf, including litigation against the federal government.

Donald J. Kochan, Moderator
Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

Donald J. Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, natural resources and environmental law, tort law, and law & economics.

If you have any questions about the webinar please contact us at [email protected] or 703-993-8008.