Loulan Pitre

Practice Areas

Loulan Pitre has extensive experience with the development, construction, operation, and decommissioning of energy, environmental, and infrastructure projects. He has represented energy and other industrial companies, real estate developers, financial institutions, ports, levee districts and other public entities, and participants in the construction and service industries such as contractors, engineers, and material suppliers. His work has included entity formation and governance, traditional and innovative financing methods, complex land rights issues, construction procurement and management, environmental and coastal permitting issues, and complex disputes. In addition to his traditional scope of complex work, in recent years, he has developed deep industry knowledge in the business and legal aspects of the U.S. offshore wind energy industry.

Career

While serving as an elected member of the Louisiana House of Representatives from 2000 to 2008, Mr. Pitre was intimately involved in the development of the state’s coastal restoration and protection program and large transportation infrastructure projects such as the elevated highway to Port Fourchon. He is highly ranked in Chambers, Best Lawyers, and Super Lawyers and is an Adjunct Associate Professor of Law at Tulane Law School. He is an experienced negotiator trained in both arbitration and mediation and a frequent speaker and writer.

Mr. Pitre is also extremely well known for his practice in legacy litigation in which landowners and public entities sue oil and gas companies alleging environmental damage from oil and gas exploration and production operations. These cases often involve claims in the hundreds of millions of dollars. As lead trial counsel in Meaux et al. v. Hilcorp et al., he defended two oil and gas exploration and production companies from claims of environmental damage. After a three-week trial, plaintiffs asked the jury for over $60 million dollars. Instead, the jury’s verdict resulted in no liability for defendants, a result that withstood appeal.

Mr. Pitre grew up in Cut Off in southern Lafourche Parish, Louisiana, which has grown in the past century from a collection of small Cajun French fishing villages to the central hub of the Gulf of Mexico deepwater oil and gas industry at Port Fourchon. Thus, from an early age he has understood the intricate challenges of living and working on the Louisiana coast. At South Lafourche High School, Mr. Pitre was a National Merit Scholar, a Presidential Scholar (one of 121 nationwide), and a Telluride Association Summer Program Scholar (one of 20 nationwide). He then spent seven years at Harvard, where he earned his bachelor and law degrees and numerous honors. He wrote his Harvard College magna cum laude honors thesis about a 19th century village on the Louisiana coast and his Harvard Law School senior paper about aspects of the Louisiana Constitution. He then returned to Louisiana, ultimately serving his hometown as attorney to the Greater Lafourche Port Commission during a period of explosive expansion and as a member of the Louisiana House of Representatives.

Professional Memberships

National Association of Bond Lawyers, Member

American Bar Association, Section of Environment, Energy and Resources

American Bar Association, Section of Litigation

Louisiana State Bar Association, Environmental Law Section

GNO, Inc., Public Policy Committee

Institute for Energy Law, Advisory Board Member

Institute for Energy Law, Renewables Practice Committee, Officer

Harvard Alumni Association Board of Directors

Harvard Law School Class of 1986, Permanent Class Secretary

Louisiana Association of Business and Industry, Board of Directors, Energy Council

La. 1 Coalition, Corporate Secretary, Executive Committee, Board of Directors

Louisiana House of Representatives, Member, 2000-2008

Water Code Committee of the Louisiana State Law Institute

Petroleum Landman’s Association of New Orleans, Member

Publications

https://www.kellyhart.com/attorney/loulan-j-pitre/

Experience

https://www.kellyhart.com/attorney/loulan-j-pitre/

Industry Sector Expertise

https://www.kellyhart.com/attorney/loulan-j-pitre/

Expert in these Jurisdictions

State Bar of Louisiana, 1986

State Bar of Oregon, 1990

District of Columbia Bar, 2022

U.S. Supreme Court

U.S. Court of Appeals, Fifth Circuit

U.S. District Court, Eastern District of Louisiana

U.S. District Court, Middle District of Louisiana

U.S. District Court, Western District of Louisiana

U.S. District Court, Eastern District of Texas

Work Highlights

Special advisor to port commission regarding offshore wind energy

Trustee Counsel in $29,000,000 issuance of GOMESA bonds

Represented parish government against open meeting law challenge to issuance of permit for environmentally sensitive facilities

Representing levee district in defense of class action claims relating to construction and operation of flood protection system

Accepted by Federal Court to testify as expert witness in legislative history

General counsel to a privately-owned port development company, including entity formation and governance, issuance of stock to project sponsors, and construction and coastal zone permitting issues

Formation of entities and governance framework, as well as other advice and representation, for multiple companies with operations in Louisiana coastal zone

Formation of entities and governance framework for several non-profit corporations with interests in highway projects, coastal protection and restoration, and flood insurance

General counsel to chemical company operating in southern Louisiana

General counsel to a port commission for eight years on a wide variety of issues relating to port expansion and construction of port facilities in sensitive coastal area

General counsel to a beachfront development district for several years, including land rights at the seashore, opposition to a coastal use permit application that interfered with recreational use, and preparation of a NEPA comment letter regarding the compatibility of recreational use with planned federal and state ecosystem restoration projects

Advice to a biodiesel manufacturer on Louisiana issues

Advice to a hydroelectric power company on Louisiana issues

Advice to several potential sponsors of proposed public private partnership (P3) arrangements for construction of major highway construction projects

Representation of non-profit corporation in negotiation of cooperative endeavor agreement with La. DOTD for construction of major highway improvements

Advice to levee district regarding process for outcome-based performance contracts for construction of coastal protection projects

Advice to levee district on issues regarding U.S. Corps of Engineers permission under Clean Water Act Section 408 for construction of levee improvements

Representation of an owner in dispute arising from construction of dock facilities on Mississippi River

Representation of a general contractor in litigation to obtain payment for street overlay construction

Advice to a major international investment bank regarding the energy industry and the Louisiana coastal protection and restoration program

Louisiana counsel in acquisition of shipyard and offshore services company

Representation of developer in negotiations with La. State Land Office regarding construction plans for development of coastal island

Advice to developer of coastal property regarding rights to water bottoms

Representation of oil and gas exploration companies in numerous regulatory matters

Advice to oil and gas exploration company after blowout

Representation of an engineer in dispute with La. DOTD regarding design and construction of bridge replacement project in the coastal zone

Representation of La. DNR regarding riparian land rights in connection with anticipated construction of freshwater diversion project

Represented port commission in negotiation with bond company for completion of construction project after default by contractor

Advice to port commission with respect to the development of a wetlands mitigation program in connection with obtaining permits for construction of port expansion

Representation of port commission in litigation and resolution of disputes with major landowners involving multiple complex issues

Representation of port commission regarding NGO litigation challenging NEPA compliance in connection with U.S. Corps of Engineers grant of permit for construction of major port expansion under Section 404 of Clean Water Act

Representation of port commission in negotiating pipeline lowering to facilitate channel deepening

Representation of port commission in creating an innovative non-profit corporation to acquire oyster lease rights to facilitate construction of coastal restoration project

Representation of a port commission in obtaining transfer of sponsorship of an airport, including obtaining agreement of former sponsor and approval of Federal Aviation Administration

Advice to port commission regarding public bid law disputes

Advice to airport district regarding public bid law issues

Representation of a levee district on appeal of litigation regarding compensation for land appropriated for levee construction purposes, including proceedings before Louisiana Court of Appeal, Louisiana Supreme Court, and United States Supreme Court

Representation of a levee district and its engineer in a dispute regarding construction of a multi-million-dollar lock

Representation of engineer in dispute regarding design of drydock

Defence of Louisiana Department of Environmental Quality enforcement actions directed at alleged air and water violations

Representation of the Louisiana Oil and Gas Association with respect to environmental issues pending before the Louisiana Supreme Court

Representation of a naval architect in dispute regarding use of vessel plans

Representation of title insurance company and timber company in dispute over title to island based on historical changes in the course of Mississippi River

Representation of title company in dispute over urban property in New Orleans based on historical changes in the course of Mississippi River

Representation of owner of coastal island in claims for environmental damage arising from un-controlled vessels during hurricane

Representation of owner of vessel from claims arising while vessel uncontrolled after hurricane

Representation of multiple oil and gas exploration companies and pipeline against claims for environmental damage brought by landowners and public entities, including both contamination and erosion claims

Education

Awards