Chevron station
LAFAYETTE, La. – Attorneys for oil giant Chevron want a lawsuit filed against it for a man’s alleged exposure to unsafe levels of radiation, which he argues contributed to his diagnosis of basal cell carcinoma, heard in federal court.
Defendants Chevron USA Inc. and Chevron Corporation filed their notice of removal last month in the U.S. District Court for the Western District of Louisiana, Lafayette Division.
In its 12-page notice, Chevron wants the lawsuit, filed against it in February, moved from the Sixteenth Judicial District Court, St. Martin Parish.
Plaintiff James Dickinson filed his lawsuit against the oil companies in the state court Feb. 20. He alleges that between 1978 and 1986 he was employed as a pipe inspector and cleaner for Pipe Boring Services.
Dickinson claims he would clean and remove scale from Chevron’s used oilfield pipe that contained naturally occurring radioactive materials, or NORM. It was during this cleaning process that he alleges he was exposed to unsafe levels of radiation.
He alleges his exposure to NORM while employed at Pipe Boring Services is a direct contributing cause of his basal cell carcinoma.
Basal cell carcinoma, or BCC, is the most common form of skin cancer, usually a result of abnormal, slow-growing basal cells in the epidermis.
In his lawsuit, Dickinson contends the oil companies knew or should have known of the dangers presented by NORM; that they chose not to warn him or his employer that the scale contained dangerous levels of NORM; that they chose to improperly dispose of the NORM waste; and they violated state and federal regulations.
Dickinson’s lawsuit also names the Louisiana Mid-Continent Oil and Gas Association, or LMOGA, as a defendant.
He contends LMOGA acted as an industry lobbying organization for oil companies, knowingly participating in a coordinated effort to conceal and minimize the hazards of NORM associated with oilfield pipe.
Dickinson claims LMOGA helped shape testimony, lobbying efforts, and regulatory guidance so that NORM hazards would appear minimal, allowing oil companies to avoid costs.
However, Chevron argues the lawsuit shouldn’t have been filed in Louisiana court in the first place.
It first points to the diversity of citizenship, noting that Chevron USA is a Pennsylvania corporation with a principal place of business in Texas, while Chevron Corporation is a Delaware corporation with a principal place of business in Texas.
Chevron contends the citizenship of LMOGA need not be considered because there is “no reasonable basis” for the court to find the plaintiff will be able to recover against it.
“Indeed, Plaintiff has no possibility of recovering against LMOGA because all Plaintiff’s allegations center exclusively on LMOGA’s advocacy, lobbying, and communications with regulators and lawmakers concerning oil-and-gas regulations,” the removal notice states. “Because this alleged conduct is protected as a matter of law, it cannot form the basis of LMOGA’s liability.”
Federal law recognizes that efforts to influence governmental decision-making – whether directed at legislators, administrative agencies, or regulators – are protected by the First Amendment right to petition the government.
“Because this alleged conduct consists entirely of advocacy directed toward governmental decision-makers, those actions are immune from civil liability under the Noerr-Pennington doctrine,” the notice states. “Thus, Plaintiff cannot recover damages for these actions.”
Chevron also argues that – based on the allegations in the petition and the nature and extent of Dickinson’s injuries and damages claimed – it is “facially apparent” that the amount in controversy exceeds $75,000.
New Orleans firm Kean Miller LLP is representing the oil companies in the lawsuit, while Falcon Law Firm in Marrero, Louisiana, is representing Dickinson.
