ELR Citation: ELR 20093
No(s). 90-0384-LC (W.D. La. Jul 24, 1992)

The court holds that a riparian landowner who operates a fishing and hunting guide service can maintain a tort action against an alleged polluter of several bodies of water in Louisiana used by the owner. The court finds that though fish are resources not personally owned until possessed, the riparian landowner suffered physical impact from the pollution. The court holds that the U.S. Supreme Court's ruling in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (1927), which prevents purely economic recovery for torts under admiralty law, is not applicable, because the land-based owner was suing a land-based polluter under a state law that protects riparian property owners. The court notes that even under this rule against economic recovery for torts, the riparian landowner would still be entitled to recover under various exceptions to the rule. The owner should be treated as a commercial fisherman, the alleged polluter owes a duty similar to that of oil producers held liable to commercial fishermen, and the case is decidedly land based, for which the tort of nuisance exists.

Counsel for Plaintiff
William E. Willard
Powers, Vaughn & Clegg
7967 Office Pk. Blvd., P.O. Box 15948, Baton Rouge, LA 70895
(504) 928-1951

Counsel for Defendant
Bernard H. McLaughlin Jr., William E. Shaddock
Stockwell, Sievert, Viccellio, Clements & Shaddock
One Lakeside Plaza, P.O. Box 2900, Lake Charles LA 70601
(318) 436-9491