At a Glance
Landowners Theda Larson Wright and Peter and Katherine Aaslestad filed counterclaims and exceptions opposing Bayou Bridge Pipeline's eminent domain lawsuit on September 12, 2018. Following a trial in late November, on December 6, 2018, a Louisiana state court judge found that while BBP did trespass on the landowners' property, the company will still be allowed take the property from the landowners.
Bill Quigley (Loyola Law School) and Misha Mitchell (Atchafalaya Basinkeeper)
Theda Larson Wright and Peter and Katherine Aaslestad
The Center for Constitutional Rights along with local co-counsel are representing landowners whose property interests span 38 acres across Louisiana’s Atchafalaya Basin who are challenging the Bayou Bridge Pipeline Company’s (BBP) eminent domain lawsuit. The landowners claim that BBP’s attempt to expropriate their land violates the landowners’ right to due process and right to property under the Constitution. The landowners have also countersued BBP for violating their property rights and trespassing, on the basis that the company began construction on their property without the legal right to do so, destroying trees and land in the process.
The challenge refutes the company’s claim that the pipeline is in the public interest—the underlying basis for their power to exercise eminent domain. The landowners’ filing details that the pipeline is actually contrary to the public interest—in light of the extensive spill and leak record of the companies involved, the role that pipelines have played in the coastal erosion crisis in Louisiana, and the ways in which reliance on fossil fuels has contributed to climate change.