Act 312 Constitutionality Question Returns to Trial Court
As previously reported, the trial court in M. J . Farms v. ExxonMobil held Act 312 of 2006, governing remediation of oilfield sites, to be unconstitutional. The Louisiana Supreme Court has now held that the plaintiff did not properly raise the issue of constitutionality at the trial court level, and remanded to allow the plaintiff to specifically plead the unconstitutionality of the act. M. J. Farms, Ltd. v ExxonMobil Corp., No. 07-CA-0450 (La. 4/27/07). The Court noted that appellate jurisdiction was not invoked because the issue was first raised in a memorandum rather than a pleading.
