(DOWNLOAD) "St. Martin v. Mobil Exploration & Producing U.S. Inc." by Fifth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: St. Martin v. Mobil Exploration & Producing U.S. Inc.
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 16, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
Appeals from the United States District Court for the Eastern District of Louisiana Defendant oil companies appeal from a $240,000 damage award based upon a finding that they failed adequately to maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh. Because we find that the district court carefully weighed the competing evidence and fashioned a reasonable remedy for the breach of the canal servitude agreements in issue, we affirm. I. Facts and Procedural History This case involves a suit for restoration and money damages arising out of the deterioration of a portion of the Mandalay Marsh in Terrebone Parish, Louisiana. The plaintiffs in this case are private landowners who live near the tract in question and who hold other land in coastal Louisiana. The defendants are oil companies who possess an overlapping mineral lease and canal servitudes across the St. Martins' property. The St. Martins allege that the oil companies' use of and failure to maintain the canals has caused erosion and other damage to the freshwater flotant marsh ecosystem present on their property.1