Opposition to Bayou Bridge Pipeline's Eminent Domain Lawsuit

At a Glance

Date Filed: 

September 12, 2018

Current Status 

The Louisiana Third Circuit Court of Appeals ruled on July 16, 2020 that landowners' due process rights had been violated, and awarded damages as well as attorneys' fees. On May 13, 2021, the Louisiana Supreme Court ruled BBP must pay landowners' attorneys' fees.

Co-Counsel 

Bill Quigley (Loyola Law School) and Misha Mitchell (Atchafalaya Basinkeeper)

Client(s) 

Theda Larson Wright and Peter and Katherine Aaslestad

Case Description 

The Center for Constitutional Rights and 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. 

Case Timeline

May 13, 2021
Supreme Court rules BBP must pay attorneys' fees
February 4, 2021
Landowners file sur-reply to BBP's reply brief
February 4, 2021
Landowners file sur-reply to BBP's reply brief
January 27, 2021
BBP files reply brief responding to landowners' opposition
January 27, 2021
BBP files reply brief responding to landowners' opposition
January 22, 2021
Landowners file their opposition to BBP's appeal
January 22, 2021
Landowners file their opposition to BBP's appeal
Landowners file their opposition to BBP's appeal, arguing that the Louisiana Constitution requires that all entities exercising the power of eminent domain must pay attorneys' fees.
January 4, 2021
BBP files its writ application with Louisiana Supreme Court
January 4, 2021
BBP files its writ application with Louisiana Supreme Court
BBP files its writ application with Louisiana Supreme Court arguing that it should not be required to pay attorneys' fees and expert costs the same way state actors exercising the power of eminent domain do.
December 8, 2020
Louisiana Supreme Court grants BBP's writ application and sets a briefing schedule
December 8, 2020
Louisiana Supreme Court grants BBP's writ application and sets a briefing schedule
September 30, 2020
Landowners urge Louisiana Supreme Court to deny Bayou Bridge's review of Third Circuit's ruling
September 30, 2020
Landowners urge Louisiana Supreme Court to deny Bayou Bridge's review of Third Circuit's ruling
Landowners, represented by the Center for Constitutional Rights, urge the Louisiana Supreme Court to deny Bayou Bridge's review of the Third Circuit's ruling
August 14, 2020
Louisiana Attorney General files amicus brief in support of Bayou Bridge Pipeline
August 14, 2020
Louisiana Attorney General files amicus brief in support of Bayou Bridge Pipeline
Louisiana Attorney General files amicus brief in support of Bayou Bridge Pipeline, arguing that the Pipeline company should not be held to the same standards as governmental entities who violate the due process rights of Louisiana landowners.
August 14, 2020
Bayou Bridge Pipeline asks Louisiana Supreme Court to review Third Circuit's award of attorneys' fees
August 14, 2020
Bayou Bridge Pipeline asks Louisiana Supreme Court to review Third Circuit's award of attorneys' fees
Bayou Bridge Pipeline asks Louisiana Supreme Court to review Third Circuit's award of attorneys' fees on the basis that it should not be considered a state actor.
July 16, 2020
Court rules on landowners' appeal
July 16, 2020
Court rules on landowners' appeal
The court affirms lower decision in part and reverses in part. This includes ruling for landowners that BBP's conduct constituted a willful violation of due process and awarding each of the landowners $10,000, as well as attorneys' fees.
January 8, 2020
Oral argument on landowners' appeal
January 8, 2020
Oral argument on landowners' appeal
Oral argument was held in front of the Louisiana Third Circuit Court of Appeals.
October 21, 2019
Landowners file reply brief
October 21, 2019
Landowners file reply brief
October 9, 2019
Attorney General and BBP file briefs in opposition to appeal
October 9, 2019
Attorney General and BBP file briefs in opposition to appeal
September 19, 2019
Landowners appeal trial court decision
September 19, 2019
Landowners appeal trial court decision
Landowners appeal trial court's decision to uphold Louisiana's oil pipeline expropriation scheme and allow BBP's taking of private property
December 6, 2018
Court issues ruling from trial
December 6, 2018
Court issues ruling from trial
Court finds BBP trespassed, but still allows company to take private property
December 2, 2018
Statement from landowners Peter and Katherine Aaslestad and Theda Larson Wright
December 2, 2018
Statement from landowners Peter and Katherine Aaslestad and Theda Larson Wright
Statement from landowners pledging any money damages potentially received from the Court will remain in Louisiana for the public good and to preserve the Atchafalaya Basin.
November 30, 2018
Landowners and BBP file post-trial memorandums
November 30, 2018
Landowners and BBP file post-trial memorandums
Post-trial memorandums filed by both parties after the November 27th trial.
November 20, 2018
Landowners and BBP file pre-trial memos for November 27, 2018 trial
November 20, 2018
Landowners and BBP file pre-trial memos for November 27, 2018 trial
Pre-trial memorandums from both the landowners and BBP filed.
November 16, 2018
Judge rules trial will proceed on November 27, 2018
November 16, 2018
Judge rules trial will proceed on November 27, 2018
November 9, 2018
Landowners file pre-trial memorandum
November 9, 2018
Landowners file pre-trial memorandum
The brief is in regards to Landowners Theda Larson Wright and Peter and Katherine Aaslestad's affirmative defenses and exceptions.
November 9, 2018
BBP files pre-trial memorandum
November 9, 2018
BBP files pre-trial memorandum
BBP's pre-trial memo for November 16, 2018 hearing.
September 12, 2018
Landowners file answers and counter-claims against BBP
September 12, 2018
Landowners file answers and counter-claims against BBP
Each of the landowners filed answers and counterclaims.